Alaska DWI LAW

Alaska DWI arrests trigger two separate cases, and each of these cases must be defended following a drunk driving arrest. First, there is the court case, which can result in punishment that includes jail time, fines, mandatory DWI educational programs, ignition interlock devices, and more. Additionally, every driver arrested for Alaska DWI that submits to a chemical test of .08% or more, or who refuses to take a chemical test following their arrest for Alaska DWI, DUI, or any drinking and driving charge, will be subject to a Division of Motor Vehicles (DMV) case where their license may be taken away.

 TAKE NOTE: YOU MUST REQUEST A DIVISION OF MOTOR VEHICLES HEARING WITHIN SEVEN (7) DAYS OF YOUR ARREST. CONTACT AN ALASKA DWI DEFENSE LAWYER RIGHT AWAY AT 1.800.DWI.LAWS TO ENSURE THAT YOUR LICENSE IS PROTECTED. THE CALL AND CONSULTATION ARE FREE.

Alaska DWI cases can be prosecuted on one of two theories: either violation of Alaska’s "per se" law by driving with a blood or breath alcohol content of .08% or higher, or by driving while impaired. Impairment, for purposes of Alaska’s drunk driving laws, can be proved by driving patterns, field sobriety test performance, and chemical test results. A skilled DWI defense lawyer will know how to deal with each type of evidence in an Alaska drunk driving case. Thankfully, someone accused of drunk driving in Alaska has the right to a trial to defend him or herself in a court of law.

Alaska DWI convictions are generally misdemeanors (although may be treated as a felony if it is a third-offense or greater, or involves bodily injury). Punishment for Alaska DWI (or for related Alaska drunk driving convictions) includes fines, jail time, and community service. Electronic monitoring may be obtained in lieu of jail time in appropriate cases, although it is important to discuss this with an experienced Alaska drunk driving defense attorney.

The Alaska Division Of Motor Vehicles, under the Department Of Administration, imposes a revocation of driving privileges as an administrative penalty for any driver who (after being lawfully arrested for DWI) refuses to take a breath test or who takes a breath test with a result of .08 or greater. The only way to possibly avoid this administrative revocation is to contest the revocation by requesting an Administrative Review/Hearing within seven (7) days of your arrest.

Alaska DMV Actions

The revocation of a driver's license, or privilege to drive in this state (for citizens of other state arrested in Alaska) is imposed in an administrative proceeding outside of the criminal case. It is possible to have one's driving privileges revoked in an administrative proceeding even though the criminal charge of DWI or refusal is dismissed or successfully defended in Alaska criminal court.

The period of the revocation varies depending on whether the driver has any DWI convictions in Alaska, or any other state. If the driver has no prior convictions for DWI or refusal, the revocation period is 90 days. There may be a possibility of obtaining a limited license for work purposes only during the last 60 days of this 90 day period if the revocation is for a breath test result of .08 or greater, but not for refusal.

 If the driver has 1 prior DWI or refusal conviction, the revocation period is 1 year, with no opportunity for a limited work permit.
 If the driver has 2 prior convictions, the period of the revocation is for 3 years, with no opportunity for a limited work permit.
 If the driver has 3 or more DWI convictions, the revocation period is 5 years, with no opportunity for a limited work permit.

If your license is revoked by the DMV, you will need to pay a fee to the DMV, and take any additional testing they require in order to get your driving privileges reinstated. You will also be required to show proof of insurance for a period of 3 years after the revocation period ends. This usually involves increased insurance premiums.

How to "Contest" the Revocation
(Requesting an administrative review/hearing)

The revocation is initiated on the date of the arrest by the officer serving a copy of a "Notice And Order Of Revocation" on the driver who is arrested for suspicion of violating Alaska DWI laws. From the time that this documents is served on the driver, the driver has 7 days to request an Administrative Review/Hearing of the revocation. A person who contests the revocation by filing a request for a hearing within 7 days after the Notice And Order Of Revocation is given to the driver, may be successful in preventing the DMV from revoking his license. If the driver does not request a hearing within 7 days, the license revocation will go into effect the following day, by default, and the driver will not have an opportunity to contest the revocation period.

The request for hearing must be made within seven (7) days of the date you receive the Notice And Order Of Revocation. The driver should state the grounds for his/her request. An attorney's assistance will be helpful to set forth all of the available grounds. There may be many issues raised in an Administrative Review/Hearing.

The written request should either be (1) hand delivered to Division of Motor Vehicles, Department of Administration, Driver Improvement Bureau, 1300 W. Benson, Suite 100, Anchorage, Alaska 99503, or sent by mail. If the request is sent in the mail, it must be postmarked within the 7 day time frame. (Don't simply drop it in the mailbox and keep no record of it being received at the post office).

As an extra precaution you can fax your request for a hearing to (907) 269-3774. However, a fax request should not be relied upon as the official request for a hearing. We recommend personal hand delivery to the DMV Office or by certified mail.

The Importance of the Administrative Hearings

Administrative Hearings can be critical to the client's case. First, if the driver does nothing, his/her license or privilege to drive in Alaska will be revoked, even if the driver is able to beat the DWI or refusal charges in the criminal case. There may be grounds for defeating the revocation at the Administrative Review/Hearing, depending on the facts of your case.

Second, the Administrative Review/Hearing offers your lawyer the opportunity to cross-examine the officers involved in your arrest and investigation, so that important issues can be reviewed before the criminal DWI case is resolved. The sworn testimony of the officers is recorded, and can be very important in helping to resolve or win the criminal DWI case. This also provides an important way to impeach the officer if he attempts to testify in a different fashion later on at trial in the criminal case. Further, this will give you and your attorney the opportunity to hear the officer's testimony under oath, and obtain a better understanding of their observations and the extent of the evidence that they have against you.

Finally, if you request an Administrative Review/Hearing within 7 days, you will be granted temporary driving privileges by the DMV at least until the date of your Administrative Review/Hearing. Usually, the Administrative Hearing is scheduled within approximately 1 month after you request the hearing, although the hearing may be continued for a longer time after your attorney enters his/her appearance on your behalf.

Always keep copies of all documents that you submit to the DMV and always keep your postage receipt so that you can show it was timely sent.