(a) A law enforcement officer shall read a notice, and deliver a copy of it, to a person operating a motor vehicle, commercial motor vehicle, or aircraft, if a chemical test administered under Alaska Stat. § 28.33.031 (a) or Alaska Stat. § 28.35.031 (a) or (g) produces a result described in Alaska Stat. § 28.35.030 (a)(2); a chemical test administered under Alaska Stat. § 28.33.031 (a) produces a result described in Alaska Stat. § 28.33.030 (a)(2); or the person refuses to submit to a chemical test authorized under Alaska Stat. § 28.33.031 (a) or Alaska Stat. § 28.35.031 (a) or (g). The notice must advise that

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Terms Used In Alaska Statutes 28.15.165

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • Arrest: Taking physical custody of a person by lawful authority.
  • commercial motor vehicle: means a motor vehicle or a combination of a motor vehicle and one or more other vehicles
    (A) used to transport passengers or property. See Alaska Statutes 28.90.990
  • department: means the Department of Administration. See Alaska Statutes 28.90.990
  • driver: means a person who drives or is in actual physical control of a vehicle. See Alaska Statutes 28.90.990
  • license: when used in relation to driver licensing, means a license, provisional license, or permit to drive a motor vehicle, or the privilege to drive or to obtain a license to drive a motor vehicle, under the laws of this state whether or not a person holds a valid license issued in this or another jurisdiction. See Alaska Statutes 28.90.990
  • motor vehicle: means a vehicle which is self-propelled except a vehicle moved by human or animal power. See Alaska Statutes 28.90.990
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • physical injury: has the meaning given in Alaska Stat. See Alaska Statutes 28.90.990
  • revoke: means the termination, by formal action of the Department of Public Safety or the Department of Administration or by formal action of a court, of a certification, registration, license, permit, or privilege issued or allowed under this title or regulations adopted under this title. See Alaska Statutes 28.90.990
  • vehicle: means a device in, upon, or by which a person or property may be transported or drawn upon or immediately over a highway or vehicular way or area. See Alaska Statutes 28.90.990
(1) the department intends to revoke the person’s driver‘s license, privilege to drive, or privilege to obtain a license, refuse to issue an original license to the person, or disqualify the person;
(2) the person has the right to administrative review of the action taken against the person’s license or determination not to issue an original license;
(3) if the person has a driver’s license or a nonresident privilege to drive, the notice itself is a temporary driver’s license that expires seven days after it is delivered to the person, except that if the person was operating a commercial motor vehicle the person will be ordered out of service for 24 hours under Alaska Stat. § 28.33.130;
(4) revocation of the person’s driver’s license, privilege to drive, or privilege to obtain a license, a determination not to issue an original license, or a disqualification of the person, takes effect seven days after delivery of the notice to the person unless the person, within seven days, requests an administrative review.
(b) After reading the notice under (a) of this section, the law enforcement officer shall seize the person’s driver’s license if it is in the person’s possession and shall deliver it to the department with a sworn report describing the circumstances under which it was seized. If the person was operating a commercial motor vehicle, the officer shall order the person out of service under Alaska Stat. § 28.33.130.
(c) Unless the person has obtained a temporary permit or stay of a departmental action under Alaska Stat. § 28.15.166, if the chemical test administered under Alaska Stat. § 28.33.031 (a) or Alaska Stat. § 28.35.031 (a) or (g) produced a result described in Alaska Stat. § 28.35.030 (a)(2) or the person refused to submit to a chemical test authorized under Alaska Stat. § 28.33.031 (a) or Alaska Stat. § 28.35.031 (a) or (g), the department shall revoke the person’s license, privilege to drive, or privilege to obtain a license, shall refuse to issue an original license, and, if the chemical test administered under Alaska Stat. § 28.33.031 (a) produced a result described in Alaska Stat. § 28.33.030 (a)(2) or the person refused to submit to a chemical test authorized under Alaska Stat. § 28.33.031 (a), shall disqualify the person. The department’s action takes effect seven days after delivery to the person of the notice required under (a) of this section, and after receipt of a sworn report of a law enforcement officer

(1) that a chemical test administered under Alaska Stat. § 28.33.031 (a) or Alaska Stat. § 28.35.031 (a) or (g) produced a result described in Alaska Stat. § 28.35.030 (a)(2), that a chemical test administered under Alaska Stat. § 28.33.031 (a) produced a result described in Alaska Stat. § 28.33.030 (a)(2), or that a person refused to submit to a chemical test authorized under Alaska Stat. § 28.33.031 (a) or Alaska Stat. § 28.35.031 (a) or (g);
(2) that notice under (a) of this section was provided to the person; and
(3) describing the

(A) circumstances surrounding the arrest and the grounds for the officer’s belief that the person operated a motor vehicle, commercial motor vehicle, or aircraft while under the influence of an alcoholic beverage, inhalant, or controlled substance in violation of Alaska Stat. § 28.33.030 or Alaska Stat. § 28.35.030; or
(B) grounds for the officer’s belief that the person operated a motor vehicle or commercial motor vehicle that was involved in an accident causing death or serious physical injury to another person.
(d) The period of revocation of a driver’s license, privilege to drive, privilege to obtain a license, refusal to issue an original license, or disqualification shall be for the appropriate minimum period for court revocations under Alaska Stat. § 28.15.181 (c) or court disqualifications under Alaska Stat. § 28.33.140. A department hearing officer may grant limited license privileges in accordance with the standards set out in Alaska Stat. § 28.15.201 to a person whose driver’s license or nonresident privilege to drive was revoked under this section. The department may terminate a revocation imposed under this section and issue a driver’s license to the person, if the license, privilege to drive, or privilege to obtain a license was revoked for an offense described in Alaska Stat. § 28.15.181 (a)(5) or (8) and the person meets the conditions set out for termination of a revocation by the court under Alaska Stat. § 28.15.181 (f).
(e) A person whose driver’s license, privilege to drive, or privilege to obtain a license has been revoked under this section as a result of a refusal to submit to a chemical test authorized under Alaska Stat. § 28.35.031 (a) or (g) or a similar municipal ordinance or a chemical test administered under Alaska Stat. § 28.35.031 (a) or (g) or a similar municipal ordinance in which the test produced a result described in Alaska Stat. § 28.35.030 (a)(2) may request that the department rescind the revocation. The department shall rescind a revocation under this subsection if the department finds that the person has supplied proof in a form satisfactory to the department that

(1) the person has been acquitted of driving while under the influence under Alaska Stat. § 28.35.030, refusal to submit to a chemical test under Alaska Stat. § 28.35.032, or a similar municipal ordinance for the incident on which the revocation was based; or
(2) all criminal charges against the person for driving while under the influence under Alaska Stat. § 28.35.030 or a similar municipal ordinance and refusing to submit to a chemical test under Alaska Stat. § 28.35.032 or a similar municipal ordinance in relation to the incident on which the revocation is based have been dismissed.
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