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State of Alaska

Department of Administration

Division Of Motor Vehicles

Alaska Department of Administration, Divison of Motor Vehicles
Administration >  Motor Vehicles >  Administrative Hearing Information                                             
 

     

Administrative Hearing Information

The purpose of a hearing is to contest the department’s revocation or cancellation of your driving privilege. Some of the main reasons (issues) for contesting a revocation or cancellation are listed below. You may present other issues in your hearing. However, the hearing officer cannot overturn the department’s revocation or cancellation because you need your license to drive to work, school, or need it for any other purpose.

CHEMICAL TEST RESULTS OR REFUSAL TO SUBMIT TO BREATH OR BLOOD TESTING (DRIVING OR OPERATING UNDER THE INFLUENCE)

1a. Whether the law enforcement officer had probable cause to believe that you were driving or operating a motor vehicle while under the influence; or

1b. Whether the law enforcement officer had probable cause to believe that you were involved in a collision that resulted in a fatality or serious physical injury to another person; and

2a. You refused to submit to a chemical test as required by law; or

2b. Your chemical test produced a result of .08 or more or disclosed the presence of inhalants or controlled substances, or

2c. You were operating a commercial motor vehicle and the chemical test produced a result of .04 or more or disclosed the presence of inhalants or controlled substances

UNDER 21 VIOLATION (UNDERAGE DRIVING AFTER DRINKING)

1. Whether you were at least 14 years of age and not yet 21 years of age; and

2a. You operated a vehicle after consuming alcohol; or

2b. You refused to submit to breath testing as required by law

CANCELLATION

1. Whether the Department of Administration has a valid basis for canceling your privilege to drive.

What happens at a Hearing?
A hearing officer will explain the hearing process, review the information in the state file, and ask if you have any questions. A hearing officer will then swear in any witness(es) and take testimony. This is your opportunity to present your side of the story. A hearing officer may ask questions. After reviewing all the evidence, the hearing officer will close the hearing. The hearing officer will make a decision after the hearing and documentation will be mailed to you and, if applicable, your attorney. The hearing officer will apply a preponderance of evidence standard. If the hearing officer decides in your favor, the revocation or cancellation will not take effect. If the hearing officer decides against you, the revocation or cancellation will go into effect for the minimum period of time based on your driving record.

How will I know when the hearing is scheduled?
You will receive a notice of the hearing that lists the date and time of the hearing. On the reverse side of the hearing notice is a “notice of policy.” This policy provides you with information concerning evidence, subpoenas, records, and continuances. Please read this form. For some hearings, the bottom of your hearing notice contains a “temporary license.” That temporary license portion can be torn off and carried as your temporary driver’s license. If “no temporary license” is issued to you, you cannot drive. If you have questions about your temporary license, you should contact Anchorage Driver Licensing.

What if I change my mind about a hearing?
If you ask for a hearing and later decide you don’t want it, you can withdraw your request. If you decide to withdraw your request, please notify Anchorage Driver Licensing, in writing, as soon as possible. Once your written request to cancel the hearing is received, your temporary license is canceled and the revocation or cancellation of your license begins. If you are convicted in court prior to the hearing date, the court must revoke your privilege to drive. You must also surrender the temporary license to the judge. If following a conviction, you no longer want to contest the department’s revocation, you should notify Anchorage Driver Licensing, in writing, of your intention to withdraw your hearing request.

What if I don’t show up for my hearing?
If you request a hearing and fail to respond or attend the hearing, your right to a hearing is waived and the revocation or cancellation will go into effect.

Do I need a lawyer?
You have the right to have a lawyer, or any person of your choice, help you with the hearing. Not all cases require legal assistance. If your case is complicated you may need a lawyer. If you are going to hire a lawyer, don’t wait until the hearing is scheduled. Hire a lawyer right away. Your lawyer will need time to prepare your case. If you hire a lawyer, let the hearing office know immediately so that a notice of the hearing can be sent to your lawyer.

What if I disagree with the hearing decision?
If you disagree with the hearing officer’s decision, you can appeal the decision to the Superior Court.

Tips that may help you in the hearing

  • Be prepared.
  • Write down the points you want to cover in your testimony.
  • Gather your written evidence together and mail copies to the hearing office to arrive at least 10 days before the hearing.
  • Talk to your witness(es) as soon as possible.
  • During the hearing, don’t try to testify until it’s your turn.
  • Don’t interrupt those who are testifying.
  • When you testify, tell the truth. Don’t guess if you’re not sure.
  • Try not to repeat yourself.
  • Make sure the evidence you present concerns the issues.
  • Don’t argue or get angry during the hearing; you will do a much better job of presenting your case if you stay calm.
  • Participate in the hearing.
  • Exercise your rights. It is your chance to tell your side of the story.

LIMITED LICENSE FOR WORK PURPOSES
What if all I really want is a “limited license” for work purposes? If you are not contesting the revocation, there is no need to request a hearing. You may apply for a limited license for work purposes only by completing the requirements on the application form and paying the non-refundable processing fee of $100.

1st offense of DUI and 2nd or more offenses of the under 21 violation of driving after drinking. Limited licenses can only be issued for the last 60 days of a revocation.
Multiple offenders (misdemeanors only, no felony drunk driving)
Limited licenses are available after the first 90 days and you will be required to obtain an Ignition Interlock Device (IID) just prior to issuance of the limited license.

Limited license applications can be obtained online at Alaska.gov/dmv or at most DMV offices. Make sure you use the correct form. There are no limited licenses available for driving a commercial vehicle, cancellation of driving privileges or Refusal to submit to a chemical test.

REV. 10/26/09