Alaska Statutes 28.15.201 – Limitation of driver’s license

(a) A court of competent jurisdiction revoking a person‘s driver‘s license, privilege to drive, or privilege to obtain a license under Alaska Stat. § 28.15.181 (b) may, for good cause, impose limitations upon the driver’s license of a person that will enable the person to earn a livelihood without excessive risk or danger to the public. A limitation may not be placed upon a driver’s license until after a review has been made of the person’s driving record and other relevant information, and a limitation may not be imposed when a statute specifically prohibits the limitation of a license for a violation of its provisions.

Attorney's Note

Under the Alaska Statutes, punishments for crimes depend on the classification. In the case of this section:

Class	Prison	Fine
Class A misdemeanor	up to 1 year	up to $25,000

For details, see Alaska Stat. § 12.55.135

Terms Used In Alaska Statutes 28.15.201

Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Conviction: A judgement of guilt against a criminal defendant.
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
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
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
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
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
Statute: A law passed by a legislature.
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

(b) A court imposing a limitation under (a) of this section shall

(1) require certification of employment;

(2) require proof of enrollment in and compliance with or completion of an alcoholism treatment program when appropriate;

(3) require the surrender of the driver’s license; and

(4) issue to the licensee a certificate valid for the duration of the limitation.

(c) After the termination of a limitation as shown on the certificate issued under (b) of this section, the license of a person on whom a limitation was imposed is revoked until the person receives a new license meeting the requirements set out in Alaska Stat. § 28.15.211.

(d) A court revoking a driver’s license, privilege to drive, or privilege to obtain a license under Alaska Stat. § 28.15.181 (c), or the department when revoking a driver’s license, privilege to drive, or privilege to obtain a license under Alaska Stat. § 28.15.165 (c), may grant limited license privileges if

(1) the revocation was for a misdemeanor conviction under Alaska Stat. § 28.35.030 or a similar municipal ordinance and not for a violation of Alaska Stat. § 28.35.032;

(2) the person

(A) has not been previously convicted and the limited license is not granted during the first 30 days of the period of revocation; or

(B) has been previously convicted and the limited license is not granted during the first 90 days of the period of revocation;

(3) the court or department requires the person to use an ignition interlock device during the period of the limited license whenever the person operates a motor vehicle in a community not included in the list published by the department under Alaska Stat. § 28.22.011 (b) and, when applicable,

(A) the person provides proof of installation of the ignition interlock device on every vehicle the person operates;

(B) the person signs an affidavit acknowledging that

(i) operation by the person of a vehicle that is not equipped with an ignition interlock device is subject to penalties for driving with a revoked license;

(ii) circumventing or tampering with the ignition interlock device is a class A misdemeanor; and

(iii) the person is required to maintain the ignition interlock device throughout the period of the limited license, to keep up-to-date records in each vehicle showing that any required service and calibration is current, and to produce those records immediately on request;

(4) the person is enrolled in and is in compliance with or has successfully completed the alcoholism screening, evaluation, referral, and program requirements of the Department of Health under Alaska Stat. § 28.35.030 (h);

(5) the person provides proof of insurance as required by Alaska Stat. § 28.20.230 and 28.20.240; and

(6) the person has not previously been convicted of violating the limitations of an ignition interlock limited license or been convicted of violating the provisions of Alaska Stat. § 28.35.030 or 28.35.032 while on probation for a violation of those sections.

(e) If a person is required to use an ignition interlock device as a condition of a limited license under this section and the device prevents a vehicle from being operated, the person has not violated the requirements of the limited license by attempting to operate the vehicle.

(f) In (d)(2) of this section, “previously convicted” has the meaning given in Alaska Stat. § 28.35.030 and also includes convictions under laws presuming that the person was under the influence of intoxicating liquor if there was 0.08 percent or more by weight of alcohol in the person’s blood.

(g) Notwithstanding (d) of this section, a court revoking a driver’s license, privilege to drive, or privilege to obtain a license under Alaska Stat. § 28.15.181 (c), or the department when revoking a driver’s license, privilege to drive, or privilege to obtain a license under Alaska Stat. § 28.15.165 (c), may grant limited license privileges if

(1) the revocation was for a felony conviction under Alaska Stat. § 28.35.030;

(2) the person is participating in and has successfully participated for at least six months in, or has successfully completed, a court-ordered treatment program under Alaska Stat. § 28.35.028, and submits verification acceptable to the department;

(3) the person provides proof of insurance as required by Alaska Stat. § 28.20.230 and 28.20.240;

(4) the person is required to use an ignition interlock device during the period of the limited license whenever the person operates a motor vehicle in a community not included in the list published by the department under Alaska Stat. § 28.22.011 (b) and, when applicable,

(A) the person provides proof of installation of the ignition interlock device on every vehicle the person operates;

(B) the person signs an affidavit acknowledging that

(i) operation by the person of a vehicle that is not equipped with an ignition interlock device is subject to penalties for driving with a revoked license;

(ii) circumventing or tampering with the ignition interlock device is a class A misdemeanor; and

(5) the person has not previously been granted a limited license under this section and had the license revoked under (j) of this section.

(h) Notwithstanding (g)(2) of this section, if a person resides in a community where a court-ordered treatment program under Alaska Stat. § 28.35.028 is not available, the person shall

(1) provide proof to the court that the person has successfully completed a rehabilitative treatment program appropriate for the person’s alcohol or substance abuse condition; the program must

(A) include planning and treatment for alcohol or drug addiction;

(B) include emphasis on personal responsibility;

(C) require payment of restitution to victims and completion of community work service;

(D) include physician-approved treatment of physical addiction and treatment of the psychological causes of addiction; and

(E) include a monitoring program and physical placement or housing in communities where the court finds that a monitoring program and placement or housing is available;

(2) provide proof by clear and convincing evidence to the court that the person is currently sober and has maintained sobriety for a period of at least 18 months; and

(3) provide written notice to the district attorney’s office of the person’s request for a limited license under this section.

(i) A person is not entitled to court-appointed counsel under (h) of this section.

(j) The court or the department may immediately revoke a limited license granted under (g) of this section if the person is convicted of a violation of Alaska Stat. § 28.35.030 or 28.35.032 or a similar law or ordinance of this or another jurisdiction or if the person is not in compliance with a court-ordered treatment program under Alaska Stat. § 28.35.028 or a rehabilitative treatment program under (h) of this section.

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