OTHER DUI/DWI RESOURCES

Alaska's Laws About Administrative Driver's License Revocation Related to DUI / DWI Arrests

Under the auspices of the state’s Department of Administration, the Alaska Division of Motor Vehicles (DMV) can revoke driving privileges of anyone who has been arrested for DWI and meets either of the following criteria:

• refuses to submit to a breath test
• submits to a breath test that reads .08 or greater

The revocation can only be challenged by requesting an administrative review within 7 days of the arrest. The revocation is independent of the criminal charges surrounding the Alaska drunk driving arrest; the DMV can revoke the license even if the criminal charges are dropped or the driver is acquitted.

If revocation occurs, you will be liable for a fee as well as required to take tests as determined by the DMV in order to have driving privileges returned. You will also be liable to provide proof of insurance for 3 years beyond the final day of the revocation.

Length of Revocation

The duration of the revocation varies by number of prior DWI convictions.

If the driver has no prior convictions for either DWI or refusal, then the revocation period will last 90 days. A limited license for work can be obtained for the last 60 days of this period only if the revocation is for a breath test of .08 or higher. This option is not available for a refusal-related revocation.

In instances of 1 prior conviction, the revocation lasts for 1 year. In instances of 2 prior convictions, the revocation lasts for 3 years. In instances of 3 or more prior convictions, the revocation lasts for 5 years. No limited license for work is available in these instances.

Contesting the Revocation

As stated above, the only way to prevent a revocation is to request an administrative review. On the day of the arrest, the officer serves a “Notice and Order of Revocation” to the driver. Beginning on that day, the driver has 7 days to request an administrative review with the DMV. Failure to make that request within 7 days automatically triggers the revocation the following day. No appeal is available after the 7-day period.

When issuing a request, the driver should provide a reason for contesting the revocation. It is advisable to seek the assistance of an attorney for finding grounds for contesting. The request should be in writing and mailed or hand-delivered to:

Division of Motor Vehicles
Department of Administration
Driver Improvement Bureau
1300 W. Benson
Suite 100
Anchorage, AK 99053

If sending by mail, it must be postmarked within the 7-day period.

The driver may also submit the request by fax: (907) 269-3774. However, the office recommends either personal delivery or certified mail to ensure reliable arrival within the 7-day period.

Make sure you keep copies of everything—as well as a receipt from the post office as further proof of when you sent it, if you submitted your request through the post office.

Importance of the Review

A driver’s review of his administrative revocation can be vital. In addition to having the chance to prevent a revocation, a review also allows your attorney the chance to interrogate the law enforcement officers in your arrest and investigation. This can provide crucial evidence and that your attorney can use in your case as well as help your attorney strategize for the case. Since the testimony of the officers is recorded, this allows for impeachment of any officer if he or she significantly alters his or her testimony in your case.

What’s more, by merely requesting a review, you are granted temporary driving privileges until the date of your review, which is usually within 1 month of the date of your request. However, this could be more than a month if your attorney appears on your behalf.

If you or someone you know has been arrested for DUI in Alaska, consult a qualified Alaska DWI defense attorney at once.