(a) If a peace officer has probable cause to believe that a person who is at least 14 years of age but not yet 21 years of age has operated a vehicle after consuming alcohol in violation of Alaska Stat. § 28.35.280, or refused to submit to a chemical test under Alaska Stat. § 28.35.285, and the peace officer has cited the person or arrested the person for the offense, the peace officer shall read a notice and deliver a copy to the person. The notice must advise that
Terms Used In Alaska Statutes 28.15.183
action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
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
Probable cause: A reasonable ground for belief that the offender violated a specific law.
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 or permit, privilege to drive, or privilege to obtain a license or permit;(2) the person has the right to administrative review of the revocation;(3) if the person has a driver’s license or permit, the notice itself is a temporary driver’s license or permit that expires 10 days after it is delivered to the person;(4) revocation of the person’s driver’s license or permit, privilege to drive, or privilege to obtain a license or permit, takes effect 10 days after delivery of the notice to the person unless the person, within 10 days, requests an administrative review;(5) if the person has been cited under Alaska Stat. § 28.35.280 or under Alaska Stat. § 28.35.285, that person, under Alaska Stat. § 28.35.290, may not operate a motor vehicle, aircraft, or watercraft during the 24 hours following issuance of the citation.(b) After reading the notice under (a) of this section, the peace officer shall seize the person’s driver’s license or permit 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.(c) Unless the person has requested an administrative review, the department shall revoke the person’s driver’s license or permit, privilege to drive, or privilege to obtain a license or permit, effective 10 days after delivery to the person of the notice required under (a) of this section, upon receipt of a sworn report of a peace officer
(1) that the officer had probable cause to believe that the person is at least 14 years of age but not yet 21 years of age and has violated one of the offenses described in (a) of this section;(2) that the peace officer has cited or arrested the person for a violation of Alaska Stat. § 28.35.280 or 28.35.285 or a municipal ordinance with substantially similar elements;(3) that notice under (a) of this section was provided to the person; and(4) describing the circumstances surrounding the offense.(d) The department shall impose the revocation required under this section
(1) for a first revocation, for a period of 30 days;(2) for a second revocation, for a period of 60 days;(3) for a third revocation, for a period of 90 days; or(4) for a fourth or subsequent revocation, for a period of one year.(e) Notwithstanding the provisions of Alaska Stat. § 28.20.240 and 28.20.250, the department may not require proof of financial responsibility before restoring a driver’s license, permit, or privilege that is revoked under this section.(f) A revocation imposed under this section shall be consecutive to a revocation imposed under another provision of law, except that (1) a revocation imposed under this section shall be concurrent with a prior revocation imposed under this section; and (2) a revocation imposed under this section for an offense for which a revocation is required under Alaska Stat. § 28.15.185 shall be concurrent with a revocation imposed under Alaska Stat. § 28.15.185 that is based on the same incident. A person whose driver’s license, permit, or privilege was revoked for a period of at least 60 days under this section may apply for limited license privileges under Alaska Stat. § 28.15.201(d). A person whose driver’s license, permit, or privilege to drive was revoked for a period of more than one year under this section may apply for reinstatement as provided under (i) of this section.(g) Except as provided under (h) of this section, the department may not issue a new license or reissue a license to a person whose driver’s license, permit, or privilege to drive has been revoked under this section unless the person, if required to participate in a juvenile alcohol safety action program, as defined in Alaska Stat. § 04.21.080, has successfully completed any education or treatment recommended.(h) The department may waive the provisions of (g) of this section if a person who is required to obtain drug or alcoholism treatment resides in an area where drug rehabilitation or alcoholism treatment is unavailable.(i) A person whose driver’s license, permit, or privilege to drive was revoked under this section may apply for reinstatement of the person’s driver’s license as provided in this subsection. A person may apply to the department for reinstatement by filing a written request for review of the revocation imposed under this section with the department. The department shall issue a new license or reissue the person’s driver’s license as provided under Alaska Stat. § 28.15.211(d) if the department finds that
(1) the application for reinstatement is filed at least one year after the person’s license, permit, or privilege was revoked;(2) the person complies with (g) of this section; and(3) the person has not violated a provision of this title or a regulation of the department since the revocation.(j) In this section, “peace officer” does not include a person employed by the Department of Corrections.
