A second DUI in Alaska
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Twenty days, $3,000 and a year on the interlock. A second conviction multiplies every one of the three mandatory elements at once. The custody floor goes from seventy-two hours to twenty days, the fine from $1,500 to $3,000, and the interlock requirement from six months to twelve after the driving privilege is regained. The ladder keeps climbing on the same pattern — sixty days, $4,000 and eighteen months at the third; 120 days, $5,000 and twenty-four months at the fourth — until the offence crosses into the felony provision. The prior that triggers all of this reaches back fifteen years and is not limited to convictions for driving under the influence: a refusal to submit to a chemical test under AS 28.35.032 counts, and so does a commercial-vehicle offence under AS 28.33.030, in Alaska or in another jurisdiction under a law with similar elements.
Written any number of ways — a 2nd DUI, a DUI 2nd, a 2nd offense DUI, or a second 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 A misdemeanor
Confinement. Not less than 20 days
Fine. Not less than $3,000
Alaska Statutes § 28.35.030 · Alaska Stat. § 28.35.030(b)(1)(B)–(D), (w)(4) · checked 2026-09-06
What turns this DUI into something worse
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 |
|---|---|---|
| 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 there a 2nd DUI in Alaska with no jail time?
A second conviction multiplies every one of the three mandatory elements at once. The custody floor goes from seventy-two hours to twenty days, the fine from $1,500 to $3,000, and the interlock requirement from six months to twelve after the driving privilege is regained. The ladder keeps climbing on the same pattern — sixty days, $4,000 and eighteen months at the third; 120 days, $5,000 and twenty-four months at the fourth — until the offence crosses into the felony provision. The prior that triggers all of this reaches back fifteen years and is not limited to convictions for driving under the influence: a refusal to submit to a chemical test under AS 28.35.032 counts, and so does a commercial-vehicle offence under AS 28.33.030, in Alaska or in another jurisdiction under a law with similar elements.
How likely is jail time for a second DUI in AK?
Start from what the statute forces and what it leaves to the judge. The floor here is not less than 20 days, and it moves on the facts: a prior refusal or a commercial-vehicle offence means counts as a prior conviction for fifteen years. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.
What is the punishment range for a 2nd DUI in Alaska?
Class A misdemeanor: not less than 20 days, and a fine of not less than $3,000. The range is set by Alaska Stat. § 28.35.030(b)(1)(B)–(D), (w)(4), and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in Alaska?
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 when it becomes a felony penalties.
All Alaska DUI rules →Penalties across the states →Alaska DUI lawyers →Getting the license back →
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