Section 28.15.181. Court suspensions, revocations, and limitations.

   (a) Conviction of any of the following offenses is grounds for the immediate revocation of a driver's license, privilege to drive, or privilege to obtain a license:
        (1) manslaughter or negligent homicide resulting from driving a motor vehicle;
        (2) a felony in the commission of which a motor vehicle is used;
        (3) failure to stop and give aid as required by law when a motor vehicle accident results in the death or personal injury of another;
        (4) perjury or making a false affidavit or statement under oath to the department under a law relating to motor vehicles;
        (5) operating a motor vehicle or aircraft while under the influence of an alcoholic beverage, inhalant, or controlled substance;
        (6) reckless driving;
        (7) using a motor vehicle in unlawful flight to avoid arrest by a peace officer;
        (8) refusal to submit to a chemical test authorized under AS 28.33.031(a) or AS 28.35.031(a) while under arrest for operating a motor vehicle, commercial motor vehicle, or aircraft while under the influence of an alcoholic beverage, inhalant, or controlled substance, or authorized under AS 28.35.031(g);
        (9) driving while license, privilege to drive, or privilege to obtain a license, canceled, suspended, or revoked, or in violation of a limitation;
        (10) vehicle theft in the first degree in violation of AS 11.46.360 or vehicle theft in the second degree in violation of AS 11.46.365.
   (b) A court convicting a person of an offense described in (a)(1) - (4), (6), (7), or (10) of this section shall revoke that person's driver's license, privilege to drive, or privilege to obtain a license for not less than 30 days for the first conviction, unless the court determines that the person's ability to earn a livelihood would be severely impaired and a limitation under AS 28.15.201 can be placed on the license that will enable the person to earn a livelihood without excessive danger to the public. If a court limits a person's license under this subsection, it shall do so for not less than 60 days. Upon a subsequent conviction of a person for any offense described in (a)(1) - (4), (6), (7), or (10) of this section occurring within 10 years after a prior conviction, the court shall revoke the person's license, privilege to drive, or privilege to obtain a license and may not grant the person limited license privileges for the following periods:
        (1) not less than one year for the second conviction; and
        (2) not less than three years for a third or subsequent conviction.
   (c) A court convicting a person of an offense described in (a)(5) or (8) of this section arising out of the operation of a motor vehicle, commercial motor vehicle, or aircraft shall revoke that person's driver's license, privilege to drive, or privilege to obtain a license. The revocation may be concurrent with or consecutive to an administrative revocation under AS 28.15.165. The court may not, except as provided in AS 28.15.201, grant limited license privileges during the minimum period of revocation. Except as provided under AS 28.35.030(n)(3) and 28.35.032(p)(3), the minimum periods of revocation are
        (1) not less than 90 days if the person has not been previously convicted;
        (2) not less than one year if the person has been previously convicted once;
        (3) not less than 3 years if the person has been previously convicted twice;
        (4) not less than 5 years if the person has been previously convicted more than twice.
   (d) A court convicting a person of an offense described in (a)(9) of this section shall revoke that person's driver's license, privilege to drive, or privilege to obtain a license for not less than the minimum period under AS 28.15.291(b)(4).
   (e)   [Repealed, Sec. 34 ch 119 SLA 1990].
   (f) The court may terminate a revocation for an offense described in (a)(5) or (8) of this section if
        (1) the person's license, privilege to drive, or privilege to obtain a license has been revoked for the minimum periods set out in (c) of this section; and
        (2) the person complies with the provisions of AS 28.15.211(d) and (e).
   (g) The court may suspend the driver's license, privilege to drive, or privilege to obtain a license of a person who fails to appear in court as required by a citation for an offense involving a moving motor vehicle, or who fails to pay a fine as required by the court for an offense involving a moving motor vehicle. If the court suspends a driver's license under this subsection, the court shall also provide notice of the suspension to the department. A suspension imposed under this subsection remains in effect until the person appears in court as required by the citation, or pays the fine as required by the court. When the person appears in court or pays the required fine, the court shall terminate the suspension imposed under this subsection and provide the department and the person with written notice of the termination.
   (h)  [Repealed, Sec. 22, ch 32 SLA 2016]. 
   (i) In this section, "previously convicted" has the meaning given in AS 28.35.030.

Authorities

28.15.165;28.15.201;28.15.211;28.15.251;28.15.291;28.35.030;28.35.032

Notes

Recent Bills that will modify this

HB 162 DMV REVOCATION OF DRIVER'S LICENSE
HB 205 CRIMINAL LAW/PROCEDURE; DRIV LIC; PUB AID
SB 165 ALCOHOL: BOARD;MINORS;MARIJUANA CHECKS

References

2 AAC 90.100
2 AAC 90.150
2 AAC 90.440
2 AAC 90.470
2 AAC 91.170
AS 28.15.165 Administrative revocations and disqualifications resulting from chemical sobriety tests and refusals to submit to tests.
AS 28.15.201 Limitation of driver's license.
AS 28.15.211 Periods of limitation, suspension, revocation, or disqualification; opportunity for hearing and surrender of license.
AS 28.15.251 Suspension, revocation, limitation, or denial of driver's license.
AS 28.15.291 Driving while license canceled, suspended, revoked, or in violation of a limitation.
AS 28.35.030 Operating a vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance.
AS 28.35.032 Refusal to submit to chemical test.

History

(Sec. 19 ch 178 SLA 1978; am Sec. 7 - 9 ch 117 SLA 1982; am Sec. 4 - 7 ch 77 SLA 1983; am Sec. 11 - 15, 34 ch 119 SLA 1990; am Sec. 9 - 11 ch 3 SLA 1992; am Sec. 2, 3 ch 59 SLA 1993; am Sec. 4 ch 55 SLA 1994; am Sec. 5 ch 47 SLA 1996; am Sec. 7, 8 ch 71 SLA 1996; am Sec. 6 ch 65 SLA 2001; am Sec. 12, 13 ch 60 SLA 2002; am Sec. 22 ch 32 SLA 2016)