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The License Revocation After a DUI Arrest

AS 28.15.166 — seven days to ask for review, a temporary license in the meantime, and at least 90 days revoked

After a breath test at 0.08 or more, or a refusal, the officer delivers a notice of revocation. If the person has a license, the notice itself is a temporary license that expires seven days after it is delivered.

  • AS 28.15.165
  • AS 28.35.030
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  • The revocation takes effect seven days after the notice, unless within those seven days the person asks in writing for administrative review.
  • A later request needs a sworn explanation of why it is late, or the right to review is waived.
  • With the request made and the license surrendered, the state issues a temporary permit good until the hearing.
  • The hearing is by telephone unless the hearing officer finds that would substantially prejudice the person's rights or that an in person hearing is needed.
  • AS 28.15.165
  • AS 28.15.166
  • Revoked for at least 90 days with no earlier conviction.
  • At least one year with one earlier conviction.
  • At least 3 years for a person convicted twice before.
  • At least 5 years for a person convicted more than twice before.
  • AS 28.15.181

A hearing officer may grant limited license privileges. Someone who misses the hearing without a good reason such as no actual notice, hospitalization or jail waives it, and the officer's report decides it.

  • AS 28.15.165
  • AS 28.15.166

Appealing. Within 30 days of the final decision, the person may appeal to the superior court on the record of the hearing. An appeal does not stop the revocation on its own.

  • AS 28.15.166
Sources for this section (4)
  1. AS 28.15.165 — Administrative revocations and disqualifications resulting from chemical sobriety tests and refusals to submit to tests
  2. AS 28.15.166 — Administrative review of revocation
  3. AS 28.15.181 — Court suspensions, revocations, and limitations
  4. AS 28.35.030 — Operating a vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alaska attorney.

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