Alaska Statutes
Alaska Stat. § 28.15.165 (2026)
Administrative revocations and disqualifications resulting from chemical sobriety tests and refusals to submit to tests
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Sec. 28.15.165. Administrative revocations and disqualifications resulting from chemical sobriety tests and refusals to submit to tests.
(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 AS 28.33.031(a) or AS 28.35.031(a) or (g) produces a result described in AS 28.35.030(a)(2); a chemical test administered under AS 28.33.031(a) produces a result described in AS 28.33.030(a)(2); or the person refuses to submit to a chemical test authorized under AS 28.33.031(a) or AS 28.35.031(a) or (g). The notice must advise that
(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 AS 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 physical driver's license if the physical driver's license is in the person's possession and shall deliver the physical driver's license to the department with a sworn report describing the circumstances under which the physical driver's license was seized. If the person was operating a commercial motor vehicle, the officer shall order the person out of service under AS 28.33.130.
(c) Unless the person has obtained a temporary permit or stay of a departmental action under AS 28.15.166, if the chemical test administered under AS 28.33.031(a) or AS 28.35.031(a) or (g) produced a result described in AS 28.35.030(a)(2) or the person refused to submit to a chemical test authorized under AS 28.33.031(a) or AS 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 AS 28.33.031(a) produced a result described in AS 28.33.030(a)(2) or the person refused to submit to a chemical test authorized under AS 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 AS 28.33.031(a) or AS 28.35.031(a) or (g) produced a result described in AS 28.35.030(a)(2), that a chemical test administered under AS 28.33.031(a) produced a result described in AS 28.33.030(a)(2), or that a person refused to submit to a chemical test authorized under AS 28.33.031(a) or AS 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 AS 28.33.030 or AS 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 AS 28.15.181(c) or court disqualifications under AS 28.33.140. A department hearing officer may grant limited license privileges in accordance with the standards set out in AS 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 AS 28.15.181(a)(5) or (8) and the person meets the conditions set out for termination of a revocation by the court under AS 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 AS 28.35.031(a) or (g) or a similar municipal ordinance or a chemical test administered under AS 28.35.031(a) or (g) or a similar municipal ordinance in which the test produced a result described in AS 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 AS 28.35.030, refusal to submit to a chemical test under AS 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 AS 28.35.030 or a similar municipal ordinance and refusing to submit to a chemical test under AS 28.35.032 or a similar municipal ordinance in relation to the incident on which the revocation is based have been dismissed.
(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 AS 28.33.031(a) or AS 28.35.031(a) or (g) produces a result described in AS 28.35.030(a)(2); a chemical test administered under AS 28.33.031(a) produces a result described in AS 28.33.030(a)(2); or the person refuses to submit to a chemical test authorized under AS 28.33.031(a) or AS 28.35.031(a) or (g). The notice must advise that
(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 AS 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 physical driver's license if the physical driver's license is in the person's possession and shall deliver the physical driver's license to the department with a sworn report describing the circumstances under which the physical driver's license was seized. If the person was operating a commercial motor vehicle, the officer shall order the person out of service under AS 28.33.130.
(c) Unless the person has obtained a temporary permit or stay of a departmental action under AS 28.15.166, if the chemical test administered under AS 28.33.031(a) or AS 28.35.031(a) or (g) produced a result described in AS 28.35.030(a)(2) or the person refused to submit to a chemical test authorized under AS 28.33.031(a) or AS 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 AS 28.33.031(a) produced a result described in AS 28.33.030(a)(2) or the person refused to submit to a chemical test authorized under AS 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 AS 28.33.031(a) or AS 28.35.031(a) or (g) produced a result described in AS 28.35.030(a)(2), that a chemical test administered under AS 28.33.031(a) produced a result described in AS 28.33.030(a)(2), or that a person refused to submit to a chemical test authorized under AS 28.33.031(a) or AS 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 AS 28.33.030 or AS 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 AS 28.15.181(c) or court disqualifications under AS 28.33.140. A department hearing officer may grant limited license privileges in accordance with the standards set out in AS 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 AS 28.15.181(a)(5) or (8) and the person meets the conditions set out for termination of a revocation by the court under AS 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 AS 28.35.031(a) or (g) or a similar municipal ordinance or a chemical test administered under AS 28.35.031(a) or (g) or a similar municipal ordinance in which the test produced a result described in AS 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 AS 28.35.030, refusal to submit to a chemical test under AS 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 AS 28.35.030 or a similar municipal ordinance and refusing to submit to a chemical test under AS 28.35.032 or a similar municipal ordinance in relation to the incident on which the revocation is based have been dismissed.
Notes of Decisions
Cited in 39
cases (1 in the last 5 years), 1984–2025 · leading case: Haynes v. State, Dep't of Pub. Saf., 865 P.2d 753 (Alaska 1993).
Haynes v. State, Dep't of Pub. Saf., 865 P.2d 753 (Alaska 1993). “The statutory provisions which govern this case are AS 28.15.165, 28.15.166, and 28.35.030(a).”
Thorne v. Dep't of Pub. Saf., 774 P.2d 1326 (Alaska 1989). “AS 28.15.165; AS 28.15.181(c). 3 . The hearing officer’s notes of the hearing contain a notation to the effect that the letter was received by the agency on May 20, 1987 in an envelope bearing a postmark of May 19, 1987.”
Snyder v. State, Dep't of Pub. Saf., Div. of Motor Vehs., 31 P.3d 770 (Alaska 2001). “032; AS 28.15.165.] For the department's administrative revocation to be effective, the officer must first read and deliver proper notice to the driver and then must seize the license for delivery to the department.”
State v. Hansen, 542 N.W.2d 424 (Neb. 1996). “See Alaska Stat. § 28.15.165 (d) (1994). Compare, Ariz.”
Barcott v. State, Dep't of Pub. Saf., 741 P.2d 226 (Alaska 1987). “10% from Barcott’s breath sample, and pursu *228 ant to AS 28.15.165(a), 1 Officer Whitener gave Barcott written notice of the Department’s intent to revoke his driver’s license.”
Jason Barnebey v. State of Alaska, 473 P.3d 682 (Alaska 2020). “”10 Barnebey argues that the DMV violated his due process right to a meaningful hearing when it failed to conclude that a DataMaster result within the machine’s inherent margin of error “brings the test result below the legal limit,” requiring dismissal of the revocation…”
Nevers v. State, Dep't of Admin., Div. of Motor Vehs., 123 P.3d 958 (Alaska 2005). “165 shall be limited to the issues of whether the law enforcement officer had probable cause to believe that the person was operating a motor vehicle or commercial motor vehicle that was involved in an accident causing death or serious physical injury to another, or that the…”
State, Dep't of Pub. Saf., Div. of Motor Vehs. v. Conley, 754 P.2d 232 (Alaska 1988). “AS 28.15.165. 2 A person who receives notice of revocation may make a written request for administrative review of the DOPS’s revocation.”
Briggs v. State, Dep't of Pub. Saf., Div. of Motor Vehs., 732 P.2d 1078 (Alaska 1987). “As a result of the intoximeter reading, however, the Department of Public Safety, Division of Motor Vehicles, seized and revoked Briggs’ driv *1080 er’s license for one year pursuant to AS 28.15.165. 2 Briggs requested administrative review of the license revocation.”
Tyler v. State, 47 P.3d 1095 (Alaska Ct. App. 2001). “at 1217; AS 28.15.165. [7] See AS 28.15.165(d), which incorporates the escalating suspension periods set forth in AS 28.”
Jerrold E. Rivera v. Margaret Pugh, 194 F.3d 1064 (9th Cir. 1999). “The State of Alaska Division of Motor Vehicles (“DMV”) conducted an administrative hearing and, because Rivera had refused to take a chemical breath test, revoked Rivera’s Alaska driver’s license for 90 days pursuant to Alaska Stat. § 28.15.165 . 2 Rivera then moved to dismiss…”
Kenai Peninsula Borough Bd. of Educ. v. Brown, 691 P.2d 1034 (Alaska 1984). “032(b) was repealed, AS 28.15.165 was enacted to set forth the procedure for driver's license revocations.”
Alaska Stat. § 28.15.165(a): 8 cases
Haynes v. State, Dep't of Pub. Saf., 865 P.2d 753 (Alaska 1993). “The statutory provisions which govern this case are AS 28.15.165, 28.15.166, and 28.35.030(a).”
Barcott v. State, Dep't of Pub. Saf., 741 P.2d 226 (Alaska 1987). “10% from Barcott’s breath sample, and pursu *228 ant to AS 28.15.165(a), 1 Officer Whitener gave Barcott written notice of the Department’s intent to revoke his driver’s license.”
Thorne v. Dep't of Pub. Saf., 774 P.2d 1326 (Alaska 1989). “AS 28.15.165; AS 28.15.181(c). 3 . The hearing officer’s notes of the hearing contain a notation to the effect that the letter was received by the agency on May 20, 1987 in an envelope bearing a postmark of May 19, 1987.”
Snyder v. State, Dep't of Pub. Saf., Div. of Motor Vehs., 31 P.3d 770 (Alaska 2001). “032; AS 28.15.165.] For the department's administrative revocation to be effective, the officer must first read and deliver proper notice to the driver and then must seize the license for delivery to the department.”
State, Dep't of Pub. Saf., Div. of Motor Vehs. v. Conley, 754 P.2d 232 (Alaska 1988). “AS 28.15.165. 2 A person who receives notice of revocation may make a written request for administrative review of the DOPS’s revocation.”
Alaska Stat. § 28.15.165(b): 1 case
Jason Barnebey v. State of Alaska, 473 P.3d 682 (Alaska 2020). “”10 Barnebey argues that the DMV violated his due process right to a meaningful hearing when it failed to conclude that a DataMaster result within the machine’s inherent margin of error “brings the test result below the legal limit,” requiring dismissal of the revocation…”
Alaska Stat. § 28.15.165(c): 8 cases
Haynes v. State, Dep't of Pub. Saf., 865 P.2d 753 (Alaska 1993). “The statutory provisions which govern this case are AS 28.15.165, 28.15.166, and 28.35.030(a).”
Jason Barnebey v. State of Alaska, 473 P.3d 682 (Alaska 2020). “”10 Barnebey argues that the DMV violated his due process right to a meaningful hearing when it failed to conclude that a DataMaster result within the machine’s inherent margin of error “brings the test result below the legal limit,” requiring dismissal of the revocation…”
Snyder v. State, Dep't of Pub. Saf., Div. of Motor Vehs., 31 P.3d 770 (Alaska 2001). “032; AS 28.15.165.] For the department's administrative revocation to be effective, the officer must first read and deliver proper notice to the driver and then must seize the license for delivery to the department.”
Champion v. Dep't of Pub. Saf., 721 P.2d 131 (Alaska 1986).
Bushnell v. State, 5 P.3d 889 (Alaska Ct. App. 2000).
Alaska Stat. § 28.15.165(c)(3): 1 case
Jason Barnebey v. State of Alaska, 473 P.3d 682 (Alaska 2020). “”10 Barnebey argues that the DMV violated his due process right to a meaningful hearing when it failed to conclude that a DataMaster result within the machine’s inherent margin of error “brings the test result below the legal limit,” requiring dismissal of the revocation…”
Alaska Stat. § 28.15.165(d): 8 cases
Thorne v. Dep't of Pub. Saf., 774 P.2d 1326 (Alaska 1989). “AS 28.15.165; AS 28.15.181(c). 3 . The hearing officer’s notes of the hearing contain a notation to the effect that the letter was received by the agency on May 20, 1987 in an envelope bearing a postmark of May 19, 1987.”
Nevers v. State, Dep't of Admin., Div. of Motor Vehs., 123 P.3d 958 (Alaska 2005). “165 shall be limited to the issues of whether the law enforcement officer had probable cause to believe that the person was operating a motor vehicle or commercial motor vehicle that was involved in an accident causing death or serious physical injury to another, or that the…”
Tulowetzke v. State, Dep't of Pub. Saf., 743 P.2d 368 (Alaska 1987).
Tyler v. State, 47 P.3d 1095 (Alaska Ct. App. 2001). “at 1217; AS 28.15.165. [7] See AS 28.15.165(d), which incorporates the escalating suspension periods set forth in AS 28.”
Tyler v. State, 24 P.3d 1260 (Alaska Ct. App. 2001).
Alaska Stat. § 28.15.165(g)(2): 1 case
Haynes v. State, Dep't of Pub. Saf., 865 P.2d 753 (Alaska 1993). “The statutory provisions which govern this case are AS 28.15.165, 28.15.166, and 28.35.030(a).”
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