Section 28.15.211. Periods of limitation, suspension, revocation, or disqualification; opportunity for hearing and surrender of license.

   (a) Except for a point system suspension or revocation under AS 28.15.221 - 28.15.241 and unless provided otherwise by law, and unless the suspension or revocation was for a cause that has been removed, a person whose driver's license, privilege to drive, or privilege to obtain a license has been suspended or revoked may not apply for a new license, and the person's driving privilege may not be restored, until the expiration of
        (1) 30 days from the date on which the license, privilege to drive, or privilege to obtain a license was suspended or revoked for a first conviction of the particular offense from which the suspension or revocation resulted;
        (2) 90 days from the date on which the license, privilege to drive, or privilege to obtain a license was suspended or revoked for a second conviction within 12 consecutive months of the same offense from which the suspension or revocation resulted;
        (3) one year from the date on which the license, privilege to drive, or privilege to obtain a license was suspended or revoked for a third or subsequent conviction within 12 consecutive months of the same offense from which the suspension or revocation resulted.
   (b) A limitation, suspension, or revocation of a driver's license, privilege to drive, or privilege to obtain a license or a disqualification imposed by a court or the department takes effect on the date of final judgment, except that if another court or department limitation, suspension, disqualification, or revocation is in effect on the date of final judgment, the effective date of the last imposed limitation, suspension, disqualification, or revocation is at the end of the last day of the previous limitation, suspension, disqualification, or revocation unless the court or department specifies otherwise.
   (c) At the end of a period of suspension or limitation, when that limitation follows a suspension, the person whose license has been suspended or limited may apply to the department and, upon payment of the proper fees, including a reinstatement fee, be issued a duplicate driver's license if the person is otherwise entitled to the license under this title.
   (d) At the end of a period of revocation or limitation following a revocation, a person whose driver's license has been revoked may apply to the department for the issuance of a new license, but shall submit to reexamination, pay all required fees including a reinstatement fee, and, if the license was revoked under AS 28.15.181(a)(5) or (8), submit proof to the court or the department that the person has met the alcoholism screening, evaluation, referral, and program requirements of the Department of Health and Social Services under AS 28.35.030(h).
   (e) At the end of a period of limitation, suspension, or revocation under this chapter, the department may not issue a driver's license or a duplicate driver's license to the licensee until the licensee has complied with AS 28.20 relating to proof of financial responsibility.
   (f) Unless otherwise provided by law, periods of limitation shall be made at the discretion of the court.
   (g) Except as provided under AS 28.15.183(h), the department may not issue a new license or reissue a license to a person whose driver's license has been revoked under AS 28.15.183 or 28.15.185 unless the person, if required to participate in a juvenile alcohol safety action program, has successfully completed any education or treatment recommended. In this subsection, "juvenile alcohol safety action program" has the meaning given in AS 04.21.080.

Authorities

28.15.181;28.15.183;28.15.191;28.15.201;28.15.271;28.22.041;28.35.030;47.37.045

Notes

Recent Bills that will modify this

SB 165 ALCOHOL: BOARD;MINORS;MARIJUANA CHECKS

Implemented As

2 AAC 90.420

References

2 AAC 90.420
AS 28.15.181 Court suspensions, revocations, and limitations.
AS 28.15.183 Administrative revocation of license to drive.
AS 28.15.191 Court and parole board reports to department; surrender of license or identification card.
AS 28.15.201 Limitation of driver's license.
AS 28.15.271 Fees.
AS 28.22.041 Administrative suspension of drivers' licenses.
AS 28.35.030 Operating a vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance.
AS 47.37.045 Community action against substance abuse grants.

History

(Sec. 19 ch 178 SLA 1978; am Sec. 12 ch 117 SLA 1982; am Sec. 25 ch 77 SLA 1983; am Sec. 7 ch 70 SLA 1984; am Sec. 19, 20 ch 119 SLA 1990; am Sec. 5 ch 59 SLA 1993; am Sec. 2, 3 ch 71 SLA 1994; am Sec. 8 ch 93 SLA 1998; am Sec. 14 ch 65 SLA 2001; am Sec. 16 ch 60 SLA 2002; am Sec. 13, 14 ch 23 SLA 2007; am Sec. 7 ch 86 SLA 2010; am Sec. 19 ch 32 SLA 2016)