(a) A person commits the crime of driving while license canceled, suspended, revoked, or in violation of a limitation if the person drives

Attorney's Note

Under the Alaska Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A misdemeanorup to 1 yearup to $25,000
For details, see Alaska Stat. § 12.55.135
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Terms Used In Alaska Statutes 28.15.291

  • Conviction: A judgement of guilt against a criminal defendant.
  • driver: means a person who drives or is in actual physical control of a vehicle. See Alaska Statutes 28.90.990
  • highway: means the entire width between the boundary lines of every way that is publicly maintained when a part of it is open to the public for purposes of vehicular travel, including but not limited to every street and the Alaska state marine highway system but not vehicular ways or areas. See Alaska Statutes 28.90.990
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • 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
  • vehicular way or area: means a way, path, or area, other than a highway or private property, that is designated by official traffic control devices or customary usage and that is open to the public for purposes of pedestrian or vehicular travel, and which way or area may be restricted in use to pedestrians, bicycles, or other specific types of vehicles as determined by the Department of Public Safety or other agency having jurisdiction over the way, path, or area. See Alaska Statutes 28.90.990
(1) a motor vehicle on a highway or vehicular way or area at a time when that person’s driver‘s license, privilege to drive, or privilege to obtain a license has been canceled, suspended, or revoked under circumstances described in Alaska Stat. § 28.15.181 or 28.15.182 or a similar law in another jurisdiction;
(2) a motor vehicle on a highway or vehicular way or area at a time when that person’s driver’s license, privilege to drive, or privilege to obtain a license has been canceled, suspended, or revoked under circumstances other than those described in (1) of this subsection; or
(3) in violation of a limitation placed on that person’s license or privilege to drive in this or another jurisdiction.
(b) Driving while license canceled, suspended, revoked, or in violation of a limitation is

(1) a class A misdemeanor if the person

(A) violates (a)(1) of this section; upon conviction, the court shall impose a minimum sentence of imprisonment of not less than 10 days

(i) with 10 days suspended if the person has not been previously convicted under (a)(1) of this section or a similar law of another jurisdiction; or
(ii) if the person has been previously convicted under (a)(1) of this section or a similar law in another jurisdiction; or
(B) violates (a)(2) or (3) of this section and the person has been previously convicted under (a) of this section;
(2) an infraction if the person violates (a)(2) or (3) of this section.
(c) It is an affirmative defense to a prosecution under (a) of this section that the person’s license was suspended under Alaska Stat. § 28.22.041 and the person provides proof of liability insurance meeting the requirements of Alaska Stat. Chapter 28.22 and proof that the insurance was in effect at the time of the accident that led to the suspension.
(d) In this section, “previously convicted” means having been convicted in this or another jurisdiction, within 10 years preceding the date of the present offense, of a violation of this section, of Alaska Stat. § 28.33.150, or another law or ordinance with substantially similar elements.
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