Alaska OUI Laws & Penalties
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Alaska statute says 'operating under the influence' (OUI), though DUI is common usage. Mandatory 72-hour jail on a FIRST offense and lifetime revocation at felony level make AK one of the harshest states.
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0%).
- Lookback period: 10 years. Two priors within 10 years elevate a third OUI (or refusal) to a Class C felony; OUI and refusal convictions count interchangeably as priors.
- Primary statute: AS 28.35.030
No per-se enhanced tier; courts weigh BAC at sentencing. Under-21: zero tolerance (separate minor offense).
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | Class A misdemeanor | 72 consecutive hours – 1 year; mandatory min 72 hours | $1,500–$25,000 ($1,500 mandatory minimum; plus cost-of-imprisonment surcharge) | 90 days (min 30 hard + limited license possible with IID) – 90 days+; hardship: limited license with IID | Required |
| Second offense | Class A misdemeanor (within 10 years) | 20 days – 1 year; mandatory min 20 days | $3,000–$25,000 ($3,000 mandatory minimum) | 1-year revocation – 1 year; hardship: limited license possible with IID after minimum period | Required |
| Third offense | Class C felony (3rd within 10 years) | 120 days – 5 years; mandatory min 120 days | $10,000–$50,000 ($10,000 mandatory minimum) | lifetime revocation (restoration petition possible after 10 years clean) – lifetime; hardship: 60-month IID restriction if ever reinstated | Required |
First offense
- Classification: Class A misdemeanor
- Jail: 72 consecutive hours – 1 year; mandatory min 72 hours
- Fine: $1,500–$25,000 ($1,500 mandatory minimum; plus cost-of-imprisonment surcharge)
- License suspension: 90 days (min 30 hard + limited license possible with IID) – 90 days+; hardship: limited license with IID
- Alternative disposition: Court-approved 24/7 or therapeutic court programs can modify service of sentence; no charge-dismissal diversion.
- Interlock: IID 6 months after reinstatement, all owned vehicles.
- Alcohol screening/ASAP-equivalent (Alcohol Safety Action Program) referral mandatory.
Second offense
- Classification: Class A misdemeanor (within 10 years)
- Jail: 20 days – 1 year; mandatory min 20 days
- Fine: $3,000–$25,000 ($3,000 mandatory minimum)
- License suspension: 1-year revocation – 1 year; hardship: limited license possible with IID after minimum period
- Interlock: IID 12 months.
- Vehicle forfeiture possible.
Third offense
- Classification: Class C felony (3rd within 10 years)
- Jail: 120 days – 5 years; mandatory min 120 days
- Fine: $10,000–$50,000 ($10,000 mandatory minimum)
- License suspension: lifetime revocation (restoration petition possible after 10 years clean) – lifetime; hardship: 60-month IID restriction if ever reinstated
- Alternative disposition: Therapeutic/wellness court participation can reduce mandatory terms.
- Vehicle forfeiture; permanent felony record.
Refusing a chemical test (implied consent)
Refusal is a SEPARATE CRIME (AS 28.35.032) with penalties mirroring OUI — 72 hours mandatory jail, $1,500 minimum fine, license consequences — and counts as a prior. One of the only states where first refusal itself is a crime.
Statute: AS 28.35.032
Ignition interlock
IID required after every OUI conviction (6 months first, 12 second, 60 felony), all vehicles operated; limited licenses hinge on IID.
Statute: AS 28.35.030(b); AS 28.15.201
Frequently asked questions
What is the penalty for a first OUI in Alaska?
A first OUI in Alaska is a Class A misdemeanor. Jail: 72 consecutive hours – 1 year; mandatory min 72 hours. Fine: $1,500–$25,000 ($1,500 mandatory minimum; plus cost-of-imprisonment surcharge). License suspension: 90 days (min 30 hard + limited license possible with IID) – 90 days+; hardship: limited license with IID.
What is the legal BAC limit in Alaska?
0.08% for most drivers, 0.04% for commercial drivers, and 0% for drivers under 21.
How long does Alaska look back at prior OUI offenses?
10 years. Two priors within 10 years elevate a third OUI (or refusal) to a Class C felony; OUI and refusal convictions count interchangeably as priors.