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Administrative Revocations

Placeholder Alaska Other

FRAUDULENT USE OF A DRIVER’S LICENSE

Alaska law allows the Division of Motor Vehicles to revoke the driving privilege of a person who uses a false or fraudulent driver’s license to obtain alcohol. The revocation periods are 60 days for a first offense and 1 year for subsequent offenses.

UNDER 21 VIOLATIONS-MINOR OPERATING A MOTOR VEHICLE AFTER CONSUMING ALCOHOL OR REFUSAL TO SUBMIT TO CHEMICAL TESTING

It is illegal in Alaska for a person under the age of 21 to consume alcohol. If you are under

21 and you operate a motor vehicle, aircraft, or watercraft after consuming alcohol in any amount, you can be arrested or cited for the offense of minor operating after consuming alcohol. If you refuse to take a chemical test of your breath, or your breath test result shows any quantity of alcohol, your driver’s license, privilege to drive, or your privilege to obtain a license will be revoked by the Division of Motor Vehicles. This revocation will occur even if the criminal citation is dismissed, or you are found not guilty in court.

The Administrative revocation periods are:

  • 30 days for a first offense
  • 60 days if you have been previously revoked for this offense.
  • 90 days if you have two previous revocations for this offense.
  • 1 year if you have three or more previous revocations for this offense.

COURT PENALTIES

A minor operating a motor vehicle after consuming alcohol or minor refusal to submit to chemical testing is an infraction. Upon conviction, the court must order community service and/or a fine up to $1,000.

ADMINISTRATIVE REVOCATIONS FOR:

  • BREATH ALCOHOL CONCENTRATION RESULTS OF .08 OR MORE
  • REFUSAL TO SUBMIT TO CHEMICAL TESTING

If you operate a motor vehicle with a breath or blood alcohol concentration of .08 or more, by law you are presumed to be driving under the influence (DUI). If, after being arrested for DUI, you refuse to take a chemical test of your breath, or your breath test result is .08 or more, your driver’s license, privilege to drive or your privilege to obtain a license will be revoked by the Division of Motor Vehicles. This revocation will occur even if the criminal charge of DUI or Refusal is dismissed, or you are found not guilty in court.

The Administrative revocation periods are:

90 days for a first offense; 1 year if you have been previously convicted of DUI or Refusal;

3 years if you have two prior convictions of DUI or Refusal, or 5 years if you have three or more prior convictions of DUI or Refusal.

Prior convictions of DWI/DUI or Refusal occurring in Alaska or another state within the last

15 years can be used to determine the revocation period.

The DMV’s civil action and the court action are two different procedures which you must deal with separately. During a revocation/disqualification you may not drive the effected class of vehicle, get another license, or apply to get a driver’s license in Alaska or any other state.

YOU HAVE THE RIGHT TO AN ADMINISTRATIVE HEARING TO CONTEST THE REVOCATION OR DISQUALIFICATION

HOW TO REQUEST AN ADMINISTRATIVE HEARING:

You must ask for the hearing in writing. You may write your own letter or you may use the administrative hearing request form which can be found at any DMV or at the website below. When you submit your hearing request you must include a copy of the front of this form and your driver’s license if it was not already surrendered to the law enforcement officer. Your request can be dropped off, faxed, or mailed to the Anchorage Driver Licensing office at the address below. If you mail your request, the request must be postmarked within seven (7) days of the “Date Issued.” Telephone requests are not accepted.

You must apply within seven (7) days of the “Date Issued” on the front side of this notice, unless you qualify for a late hearing due to physical incapacity under AS 01.10.080, AS 28.15.166(b), AS 44.12.010 and/or 2 AAC 93.010(b). Once your hearing request is granted you will get paperwork describing what the laws, procedures, and issues for the hearing are. If you make a timely request for a hearing and you have a valid license to drive, you will get a temporary license. Unless you are revoked by the court, the temporary license lets you drive until the date of the hearing.

COURT REVOCATIONS AND PENALTIES

  • PENALTIES FOR DRIVING UNDER THE INFLUENCE (DUI)
  • REFUSAL TO SUBMIT TO A CHEMICAL TEST CONVICTIONS

Minimum Mandatory Penalties for Misdemeanor Convictions

Offense #

Revocation Period

Jail Sentence

Fine Amount

1st 90 days 3 days $1,500
2nd 1 year 20 days $3,000
3rd 3 years 60 days $4,000
4th 5 years 120 days $5,000
5th 5 years 240 days $6,000
6th or more 5 years 360 days $7,000

Minimum Mandatory Penalties for Felony Convictions

Offense #

Revocation Period

Jail Sentence

Fine Amount

Number Period Sentence Amount
3rd Lifetime 120 days $10,000
4th Lifetime 240 days $10,000
5th or more Lifetime 360 days $10,000