DUI-Differences between Criminal and Administrative
A DUI offense involves two separate processes and is explained in writing on the Notice and Order of Revocation that you received from the police on the day of the DUI incident.
The DUI laws have two separate areas of concern:
- a violation of a criminal law
- an individual's driving behavior and road safety
This means that your license may be revoked administratively even when a criminal charge have been dropped.
- Court Process
The court action is a legal proceeding that takes place because a person has violated a criminal law. It is handled by a state or municipal attorney, depending upon the jurisdiction in which the incident took place. The attorney can consider many issues in deciding how to proceed with a particular case.
- Administrative Process
The administrative license revocation law and hearing process are geared around the issues of driver behavior and road safety. The hearing officers are limited by law to consideration of only certain issues at these hearings, such as:
- whether the arresting officer had probable cause to believe that you were driving or operating a motor vehicle while under the influence
- breath test result was .08 or greater or you refused to give a breath sample
If you have specific questions regarding an administrative license revocation you may contact Anchorage Driver Services Office by calling (907) 269-3770 or by emailing doa.dmv.ads@ALASKA.GOV.
If you have questions regarding what is required to reinstate your driving privileges contact Juneau Driver Services Office staff by calling (907) 465-4361 + Option #2 or emailing doa.dmv.jds@ALASKA.GOV