Second Offense DUI in Alaska

Alaska calls impaired driving "Operating under the Influence" (OUI/DUI) and makes it illegal to drive or operate a motor vehicle, aircraft, or watercraft:

• While appreciably affected by alcohol, inhalants, or any controlled substance; or
• With a chemical test showing 0.08 % BAC (0.04 % in a commercial vehicle) taken within four hours of driving.

Zero-tolerance rules apply to drivers under 21 (any measurable alcohol is unlawful).

A new arrest is treated as a second offense if the driver has one prior conviction for a DUI in Alaska or Refusal anywhere in the US within the past 15 years. Alaska's statute defines "previously convicted" as a qualifying conviction within 15 years of the present offense date.

Refusing a breath or blood test is punished the same as a DUI and also counts as a prior for future sentencing.

A second DUI remains a Class A misdemeanor. It does not become a felony unless the driver racks up two or more prior convictions within 10 years—in which case the next arrest is charged as a Class C felony.

Is a 2nd DUI a Felony in Alaska?

No, a second DUI in Alaska is not a felony; it is classified as a Class A misdemeanor under Alaska Statute § 28.35.030(b). It only becomes a Class C felony under Alaska Statute § 28.35.030(n) when the person has two or more prior DUI or refusal convictions within the last 10 years. In other words, a second DUI does not qualify as a felony unless it becomes the third offense within that 10-year period.

Even if the incident involves a high blood alcohol level, property damage, or injuries, the DUI itself remains a misdemeanor. However, those circumstances may lead to separate felony charges—such as assault or manslaughter—depending on the harm caused. The DUI charge alone is only elevated to a felony when the person has the required number of prior convictions within the 10-year window.

What is the Lookback Period for a Second DUI in Alaska?

Alaska has a 15-year look-back rule for DUIs, set by Alaska Statute § 28.35.030(w)(4). Any DUI or test-refusal conviction within those 15 years counts against the driver.

One earlier conviction inside that 15-year window makes the new DUI a second offense and results in harsher penalties. If the earlier conviction is more than 15 years old, it does not count, and the new charge is treated like a first offense.

What are The Aggravating Factors in a Second DUI?

Alaska gives tougher punishments for a second DUI when certain things make the situation more serious. One example is having a blood alcohol level of 0.16% or higher, which means the person had a high amount of alcohol in their system. When that happens, the judge can give more jail time and larger fines than for a regular second DUI.

Also, driving with a child under 16 can result in a separate Class A misdemeanor for endangering the welfare of a child (AS § 11.51.100(b)).

Causing an accident or injury may require the driver to pay for emergency services and could lead to additional felony charges like assault or manslaughter (AS § 28.35.030(m)). Refusing a chemical test is treated as a prior conviction and triggers a separate license revocation (AS § 28.35.032).

These factors make the punishment more severe but do not turn the DUI into a felony unless the driver has two or more prior DUI or refusal convictions within 10 years, in which case the offense becomes a Class C felony under Alaska Statute § 28.35.030(n).

What Happens If You Get a 2nd DUI/DWI in Alaska

A person convicted of a second DUI in Alaska faces at least 20 days in jail and a minimum fine of $3,000. Their driver's license will be revoked for one year, and they must install an ignition interlock device on any vehicle they drive for 12 months after regaining driving privileges. An alcohol evaluation and treatment program is mandatory, and the court may impose up to two years of probation. Additional court-ordered fees and surcharges also apply.

How Long Does a Second DUI Stay On Your Record in Alaska?

A second DUI conviction remains on a person's Alaska criminal record indefinitely because Alaska law does not allow for the expungement or sealing of DUI convictions. Because a second DUI cannot be removed or hidden through record-sealing processes, anyone reviewing court records will see it permanently. Over time, this can make securing certain jobs—especially those requiring a clean driving record—much harder. It can also complicate efforts to rent an apartment, qualify for professional licenses (such as teaching or healthcare credentials), or maintain insurance coverage.

How Much Does a Second DUI Cost in Alaska

A second DUI in Alaska comes with serious costs. Under Alaska Statute § 28.35.030(b)(1)(B), the law requires a minimum fine of $3,000, plus at least 20 days in jail, which adds a $1,467 jail fee. The person must also pay a $125 court surcharge or $225 if probation is broken.

The driver also has to install an ignition interlock device for 12 months, which can cost over $1,300. Getting a license back costs $200 to $250, and required DUI classes or treatment programs may cost at least $390. If the person asks for a DMV hearing, it may cost another $850.

Insurance is also affected. The driver must get SR-22 insurance, which can raise their rates by about $2,000 a year for five years—adding up to $10,000. If the car is taken by the police, impound fees can be over $600, and hiring a lawyer may cost $5,000 or more.

If the DUI involves serious issues like a very high blood alcohol level, a child in the car, or someone getting hurt, the costs and penalties can be even worse. In total, a second DUI in Alaska can end up costing more than $15,000.

Chances of Going to Jail for a Second DUI in Alaska

A second DUI in Alaska carries a mandatory minimum jail sentence of 20 days under Alaska Statute § 28.35.030(b)(1)(B). The maximum possible jail time is 1 year, since it is a Class A misdemeanor. Aggravating factors can lead to a longer sentence within that one-year limit. If the driver has two or more prior convictions within 10 years, the offense becomes a Class C felony with a mandatory minimum of 120 days in prison under AS § 28.35.030(n).

Driver's License Suspension for a Second DUI in Alaska

A second DUI in Alaska results in a mandatory one-year driver's license revocation (Alaska Statute § 28.15.181(c)(1)). After serving 90 days of that revocation, the driver may apply for a limited (hardship) license. To qualify, they must:

• Install an ignition interlock device on every vehicle they drive
• Maintain SR-22 insurance
• Enroll in and comply with the Alcohol Safety Action Program (ASAP)
• Submit the required application and fee to the Alaska DMV

A limited license only permits driving for essential purposes (work, medical appointments, court obligations). Full driving privileges return once the one-year revocation ends and all requirements are met.

Ignition Interlock Device Requirement

After a second DUI in Alaska, the driver must install an ignition interlock device (IID) on any vehicle they drive for 12 months after license reinstatement. The driver is responsible for all costs, usually $1,300 or more. The IID requires the driver to blow into a breathalyzer; if alcohol is detected, the car will not start.

DUI School and Substance Abuse Treatment

Attending a DUI education program is mandatory. This includes classroom instruction about the dangers of impaired driving and legal consequences. The driver must also complete a substance abuse evaluation. Based on the results, they may be required to attend outpatient or inpatient treatment programs.

Probation Conditions

After a second DUI, probation often includes regular check-ins with a probation officer, no alcohol use, and no travel outside the area without permission. The person must also complete all court-ordered programs, including DUI school and treatment, and follow all laws.

Community Service Requirements

Community service is not required by statute but is commonly ordered by the court. Judges often assign 10 to 30 hours. Activities may include working with nonprofits, food banks, animal shelters, or roadside clean-up crews.

Impact on Auto Insurance

A second DUI causes major increases in auto insurance rates, sometimes doubling or tripling premiums. The current policy may be canceled or not renewed, and most drivers will be labeled high-risk. To drive legally, the person must also file an SR-22 form, which proves they have valid insurance.

Which Courts Handle DUI Cases in Alaska

Alaska trial-level courts handle DUI cases as follows: District Courts hear all misdemeanor DUI offenses, including second DUIs, while Superior Courts handle felony DUIs (for example, third or subsequent DUIs within ten years). Below are five key District Court locations in major regions, with addresses and contact details:

Anchorage District Court (Nesbett Courthouse)
825 West 4th Avenue
Anchorage, AK 99501
Phone: (907) 264-0514

Fairbanks District Court
101 Lacey Street
Fairbanks, AK 99701
Phone: (907) 452-9277

Juneau District Court (Dimond Courthouse)
123 4th Street
Juneau, AK 99811
Phone: (907) 463-4700

Kenai District Court
125 Trading Bay Drive
Suite 100
Kenai, AK 99611
Phone: (907) 283-3110

Palmer District Court (Matanuska-Susitna Borough)
435 South Denali Street
Palmer, AK 99645
Phone: (907) 746-8181

The Alaska Department of Motor Vehicles (DMV) handles all administrative license actions separately from court proceedings. After a second DUI conviction leads to a one-year license revocation, a driver may request a hearing with the DMV to seek a limited (hardship) license after 90 days. The DMV Adjudication Unit manages license hearings or appeals. They are located at the address below:

Alaska DMV Adjudication Unit
4001 Ingra Street, Suite 101
Anchorage, AK 99503
Phone: (907) 269-5551

Can You Get a DUI on a Horse in Alaska?

No, a person cannot get a DUI on a horse in Alaska. Under Alaska Statute § 28.35.030, DUI applies only to motor vehicles, aircraft, or watercraft, not animals. However, riding a horse while drunk could still lead to other charges, such as public intoxication or reckless endangerment.