Is a DUI a felony in Alaska?
Verified · next review
Two priors inside ten years — and the licence never comes back. The felony provision has its own counting rule, narrower than the fifteen-year window used elsewhere in the section. A person is guilty of a class C felony where they have been previously convicted two or more times since 1 January 1996 and within the ten years preceding the present offence, or where punishment under this subsection — or under the parallel refusal provision at AS 28.35.032(p) — was imposed within the last ten years. The sentence is a fine of not less than $10,000, an interlock for a minimum of sixty months after the privilege to drive is regained, and imprisonment of not less than 120 days with two priors, 240 with three, and 360 with four or more. The court is then barred from the usual escapes: it may not suspend imposition of sentence, and may suspend execution or grant probation only on condition that the person serves the minimum time and pays the minimum fine. The driver’s licence, the privilege to drive and the privilege to obtain a licence are permanently revoked.
Written any number of ways — a 3rd DUI, a DUI 3rd, a felony DUI, or simply a DUI in AK — and the paperwork will use none of them. Alaska charges it under a section number, and that is what decides the range below.
Grade. Class C felony
Confinement. Not less than 120 days, rising to 240 and 360 by the number of priors
Fine. Not less than $10,000
Alaska Statutes § 28.35.030 · Alaska Stat. § 28.35.030(n); § 28.35.032(p) · checked 2026-09-06
The facts that make a DUI a felony here
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| Two or more convictions since 1996 and within the preceding ten years | Class C felony, and permanent revocation of the licence | The felony provision uses a ten-year window even though the fifteen-year definition of "previously convicted" governs the minimum sentence once the felony is established. The fine floor is $10,000 and the interlock runs a minimum of sixty months. Alaska Statutes § 28.35.030 · Alaska Stat. § 28.35.030(n) · checked 2026-09-06 |
| Felony punishment already imposed within the last ten years | Class C felony without recounting the priors | Where punishment under this subsection, or under the parallel refusal provision at AS 28.35.032(p), was imposed within the last ten years, the new offence is a felony on that basis alone. Alaska Statutes § 28.35.030 · Alaska Stat. § 28.35.030(n); § 28.35.032(p) · checked 2026-09-06 |
| A prior refusal or a commercial-vehicle offence | Counts as a prior conviction for fifteen years | Refusal to submit to a chemical test under AS 28.35.032 and a commercial-vehicle offence under AS 28.33.030 both count, as do equivalent laws and ordinances elsewhere — including ordinances setting a lower alcohol level than Alaska does. Offences from a single transaction and arrest count once. Alaska Statutes § 28.35.030 · Alaska Stat. § 28.35.030(w)(4) · checked 2026-09-06 |
The device is a separate track
Alaska prints it on the license: restriction "C", with "IID REQUIRED" on the back, and on a limited paper license it appears in bold. The court must order a device when sentencing a DUI or refusal, and the term grows with each prior conviction. Time only counts while your driving privileges are active.
In Alaska the interlock term runs Set by the court and is administered by Alaska DMV, Driver Services, on the court judgment — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Alaska DUI questions
Is a DUI a felony in Alaska?
Two priors inside ten years — and the licence never comes back. The felony provision has its own counting rule, narrower than the fifteen-year window used elsewhere in the section. A person is guilty of a class C felony where they have been previously convicted two or more times since 1 January 1996 and within the ten years preceding the present offence, or where punishment under this subsection — or under the parallel refusal provision at AS 28.35.032(p) — was imposed within the last ten years. The sentence is a fine of not less than $10,000, an interlock for a minimum of sixty months after the privilege to drive is regained, and imprisonment of not less than 120 days with two priors, 240 with three, and 360 with four or more. The court is then barred from the usual escapes: it may not suspend imposition of sentence, and may suspend execution or grant probation only on condition that the person serves the minimum time and pays the minimum fine. The driver’s licence, the privilege to drive and the privilege to obtain a licence are permanently revoked. Two or more convictions since 1996 and within the preceding ten years: class c felony, and permanent revocation of the licence. Felony punishment already imposed within the last ten years: class c felony without recounting the priors. A prior refusal or a commercial-vehicle offence: counts as a prior conviction for fifteen years.
What does a 3rd DUI in Alaska carry?
Class C felony: not less than 120 days, rising to 240 and 360 by the number of priors, and a fine of not less than $10,000. The range is set by Alaska Stat. § 28.35.030(n); § 28.35.032(p), and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in Alaska?
Two or more convictions since 1996 and within the preceding ten years — class c felony, and permanent revocation of the licence. Felony punishment already imposed within the last ten years — class c felony without recounting the priors. A prior refusal or a commercial-vehicle offence — counts as a prior conviction for fifteen years.
Does an interlock come with it in Alaska?
Alaska prints it on the license: restriction "C", with "IID REQUIRED" on the back, and on a limited paper license it appears in bold. The court must order a device when sentencing a DUI or refusal, and the term grows with each prior conviction. Time only counts while your driving privileges are active. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Alaska DMV, Driver Services, on the court judgment.
Other steps in Alaska: first offense penalties and second offense penalties.
All Alaska DUI rules →Penalties across the states →Alaska DUI lawyers →Getting the license back →
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.