DUI and the DMV- WAIT 7 DAYS AND YOU LOSE

Ward Merdes

Attorney
(866) 735-1102 Ext 455

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If you are arrested for a DUI in Alaska, you face criminal prosecution with the Alaska Court system and administrative license action with the Alaska Department of Motor Vehicles (DMV).

Alaska's Department of Motor Vehicles (DMV) may revoke your license if you have been arrested for DUI and one of the following:

1) Refusal to take breath test

2) Breath Alcohol Test result is .08 or higher. See Alaska Statute 28.35.030(a)(2)

If the DMV revokes your license, it is separate from any court revocation. When you are arrested for DUI, you face both an administrative case and a criminal case. The DMV can revoke your license whether you were found guilty of DUI or not, even if the legal charges are dismissed in court.

When you are arrested, you are given a "Notice and Order of Revocation" by the police officer. In tiny print the notice states that within 7 days you must request an administrative hearing to challenge your revocation. This 7 day time period begins the day you are arrested. IF YOU EXCEED THE 7 DAY GRACE PERIOD WITHOUT REQUESTING A HEARING, YOUR LICENSE WILL BE REVOKED BY THE DMV.
If you or someone you know has been arrested for DUI in Alaska, contact a knowledgeable Alaskan Attorney by calling 1-800-770-9999 immediately after your arrest. Request a referral for assistance in both the criminal and administrative hearings. A qualified attorney will fight for your rights. REMEMBER, YOU ONLY 7 DAYS FOR THE ATTORNEY TO REQUEST THE DMV HEARING. OTHERWISE, YOUR LICENSE WILL BE REVOKED BY THE DMV.