Alaska officially uses the term "operating under the influence" (OUI), but many people still refer to the offense as "driving under the influence" or "DUI". In Alaska, a motorist can get an OUI for driving or being in actual physical control of a motor vehicle, watercraft, or aircraft:
Under Alaska law, a motorist is in "actual physical control" of a vehicle if in the driver's seat of a vehicle, behind the steering wheel, in possession of the ignition key, and in such a condition to be physically capable of starting the engine and causing the vehicle to move.
Generally, an OUI is a class A misdemeanor in Alaska. Class A misdemeanors carry a maximum fine of $25,000 and up to one year in jail. However, the required minimum penalty depends on the number of prior offenses the driver has.
|
1st offense |
2nd offense |
3rd offense |
|
|
Jail Time |
At least 72 hours house arrest |
20 days (house arrest possible) |
60 days |
|
Fines |
At least $1,500 |
At least $3,000 |
At least $4,000 |
Felony OUIs. An OUI is a class 3 felony if the driver has at least two prior OUI offenses within the last ten years. A felony OUI carries permanent license revocation (though reinstatement is possible) and a minimum $10,000 fine. Depending on the number of priors within the ten-year period, a felony OUI will result in minimum 120 days (two priors), 240 days (three priors), or 360 days (four or more priors) in prison.
Upon notification of a conviction, the State of Alaska will suspend the driver's license. Depending on the circumstance, the driver may then be required to install an ignition interlock device (IID). The periods of time for suspensions, revocations, and IIDs are listed below.
|
1st offense |
2nd offense |
3rd offense |
|
|
Suspension Period |
90 days |
1 year |
3 years |
|
IID Period |
6 months |
12 months |
18 months |
However, an offender may be eligible for a restricted work license while suspended. This license requires proof of employment, enrollment in substance abuse treatment, and installation of an IID. Failure to comply with court or treatment requirements will result in license cancellation.
Alaska's "implied consent" laws generally require that all motorists agree to take a blood or breath test to determine the presence of alcohol or drugs. Motorists who refuse testing in violation of the law face the same penalties as persons convicted of an OUI.