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Administrative Review Hearings in Alaska

After being arrested for a DUI, the police officer will revoke your driver’s license. You have seven days from the date of your arrest to request a hearing from the Division of Motor Vehicles. The request must be in writing. You may choose to write a letter or use a form that is available at the DMV. The request should be mailed or delivered to the DMV. Your license suspension will depend on the type of offense. Your first DUI offense will result in a license suspension of ninety days. Your second offense will result in a one-year suspension. Your third offense will result in a three-year suspension. Your fourth or subsequent offense will result in a five-year license suspension. You may be eligible for limited driving privileges to drive to and from work, however this involves a $100.00 fee. After the DMV receives your written request, it will issue you a temporary license that is valid up until the administrative date hearing.

The DMV hearing will focus on two issues: whether your BAC was 0.08% or greater or if you are below twenty-one if your BAC was above 0.00%, or if you refused to submit to a chemical test and the police officer had probable cause to believe that you were driving under the influence. If you are dissatisfied with the result of the hearing, you may appeal with the court. However, you will have to serve the suspension or revocation until the court reaches a verdict. If the verdict is the same as the administrative hearing, you will have to serve the remaining suspension period before filing for reinstatement of your license.   If instead your appeal is won, then your license will be returned to you. Driving on a suspended license is a Class A misdemeanor with a maximum penalty of up to one-year in prison and a $10,000 fine.


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