Driving after a DUI in Alaska: the Limited License

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

Under AS 28.15.165(a) the officer reads and delivers a notice that is itself a temporary driver's license expiring seven days after delivery; the revocation takes effect seven days after delivery unless the person requests an administrative review within seven days. Under AS 28.15.166(b) a written request for review must be made within seven days after receipt of the notice or the right to review is waived and the department's action is final; a late request accompanied by a verified statement explaining the delay must be received and considered, and the period is waived for lack of actual notice or physical incapacity such as hospitalization or incarceration. On receipt of a timely request the department issues a temporary permit valid until the scheduled review date (AS 28.15.166(c)); the hearing is by telephone unless an in-person hearing is found necessary (AS 28.15.166(e)). A reques

“A request for review of the department's action under AS 28.15.165 shall be made within seven days after receipt of the notice under AS 28.15.165 or the right to review is waived and the action of the department under AS 28.15.165 (c) is final.”

Who can get it, and how soon

The DMV states that for a first misdemeanor DUI conviction or an administrative revocation for a breath-test result, a person may be eligible for a limited license after the first 30 days of the 90-day revocation (after the first 90 days for subsequent offenses), and that limited licenses are not available for refusal to submit to a chemical test, commercial vehicle operation, or cancellations of driving privileges. Form 404e adds that there are no limited license privileges for a DUI conviction while on probation for a prior DUI or refusal.

“For a first misdemeanor DUI conviction or administrative revocation for breath test result, you may be eligible for a limited following the first 30 days of the 90 day revocation. For subsequent offenses, you may be eligible after the first 90 days of the revocation period.”

AS 28.15.201(d)(2)(A) provides that for a person not previously convicted the limited license is not granted during the first 30 days of the period of revocation (first 90 days if previously convicted); the DMV applies the 30-day rule to both a first misdemeanor DUI conviction and a first administrative (breath-test) revocation, whose period is 90 days. No limited license is available for a refusal revocation (AS 28.15.201(d)(1); DMV limited license page), so no refusal waiting period exists.

“(A) has not been previously convicted and the limited license is not granted during the first 30 days of the period of revocation; or (B) has been previously convicted and the limited license is not granted during the first 90 days of the period of revocation;”

Conditions attached to the privilege

As stated by the DMV: email the misdemeanor limited license application (Form 404e) to [email protected] and pay the $100 non-refundable application fee by electronic invoice; after DMV review and approval, complete Form D1 (driver license application), pass the vision test and general knowledge test, provide an 'In Compliance' or 'Completed' letter from the ASAP office, pass a road test in an IID-equipped vehicle if no valid license in the last 5 years ($15 fee), and within 30 days of submitting the requirements obtain an SR-22 financial responsibility filing dated within the last 30 days and install an ignition interlock device on every vehicle to be driven (proof of residence accepted where no installer exists); all in-state and out-of-state holds must be resolved. AS 28.15.201(d) also requires proof of installation on every vehicle operated, a signed affidavit acknowledging

“Limited licenses are available after the first 30 days for the first offense and 90 days for subsequent offenses and you will be required to obtain an Ignition Interlock Device (IID) just prior to issuance of the limited license.”

Where and when it allows driving

Operation of a non-commercial motor vehicle that has an ignition interlock device installed, through the expiration date on the limited license, with the license in the driver's possession; the DMV page states no purpose or hour limits for the misdemeanor DUI limited license. An IID must be installed in every vehicle operated; driving an employer's vehicle without an IID requires court permission. Limited motorcycle privileges are possible if the person already holds a motorcycle license (the motorcycle must also have an IID).

“Once you receive the limited license, you are authorized to operate a non-commercial motor vehicle that has an ignition interlock device installed through the expiration date on the license as long as the limited license is in your possession while driving and your driving privileges remain valid.”

How it is issued

A court or the licensing agency issues the Limited License.

Official page: dmv.alaska.gov

The statute: AS 28.15.201(d)

“(1) the revocation was for a misdemeanor conviction under AS 28.35.030 or a similar municipal ordinance and not for a violation of AS 28.35.032 ; (2) the person (A) has not been previously convicted and the limited license is not granted during the first 30 days of the period of revocation”