Alaska Statutes
Alaska Stat. § 28.15.291 (2026)
Driving while license canceled, suspended, revoked, or in violation of a limitation
✓ current as of July 2026
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Sec. 28.15.291. Driving while license canceled, suspended, revoked, or in violation of a limitation.
(a) A person commits the crime of driving while license canceled, suspended, revoked, or in violation of a limitation if the person drives
(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 AS 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 AS 28.22.041 and the person provides proof of liability insurance meeting the requirements of AS 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 AS 28.33.150, or another law or ordinance with substantially similar elements.
(a) A person commits the crime of driving while license canceled, suspended, revoked, or in violation of a limitation if the person drives
(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 AS 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 AS 28.22.041 and the person provides proof of liability insurance meeting the requirements of AS 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 AS 28.33.150, or another law or ordinance with substantially similar elements.
Notes of Decisions
Cited in 83
cases (10 in the last 5 years), 1982–2026 · leading case: Gregory v. State, 717 P.2d 428 (Alaska Ct. App. 1986).
Gregory v. State, 717 P.2d 428 (Alaska Ct. App. 1986). “Gregory appeals his conviction for driving while license suspended (DWLS), AS 28.15.291. We affirm. The Department of Motor Vehicles, Division of Motor Vehicles, suspended Gregory's license based upon an accumulation of points.”
Stevens v. State, 135 P.3d 688 (Alaska Ct. App. 2006). “Based on this conduct, Stevens was charged with the offense of driving a motor vehicle on a highway at a time when his license was revoked, AS 28.15.291(a). Stevens ultimately pleaded no contest to this charge, but he reserved his right to argue on appeal that, even when a…”
Jeffcoat v. State, 639 P.2d 308 (Alaska Ct. App. 1982). “We believe that an element of knowledge must similarly be read into AS 28.15.291. We believe that this conclusion, in turn, compels a finding that the notice provisions of AS 28.”
Conner v. State, 696 P.2d 680 (Alaska Ct. App. 1985). “Conner was charged with driving while license suspended in violation of AS 28.15.291. Prior to trial, Conner moved to dismiss the charge, arguing “vehicular way,” an element of AS 28.”
Manderson v. State, 655 P.2d 1320 (Alaska Ct. App. 1983). “He asserts that since AS 28.15.291(a) 4 does not specify the maximum sentence which may be imposed for a DWSOL conviction, the general penalty provision of AS 28.”
State v. Zerkel, 900 P.2d 744 (Alaska Ct. App. 1995). “These defendants, in addition to being charged with DWI and/or breath-test refusal, were also charged with driving while their license was suspended or revoked (DWLS or DWLR), AS 28.15.291(a). After the defendants lost their driver's licenses (or had their license revocations…”
Busby v. State, 40 P.3d 807 (Alaska Ct. App. 2002). “1986), that "proof of criminal negligence is the required mental state to show a violation of AS 28.15.291". In other words, the State did not need to prove that Busby was subjectively aware that his license was revoked.”
Eide v. State, 168 P.3d 499 (Alaska Ct. App. 2007). “Based on the wording of this statute, and based on the descriptions of the intended scope of this statute in both the official legislative commentary and the Criminal Code Subcommission's commentary to the draft statute, I conclude that Eide's conduct (even viewed in the light…”
Fielding v. State, 842 P.2d 614 (Alaska Ct. App. 1992). “Evidence Rule 203(c) provides in pertinent part that when a court takes judicial notice of a fact “[i]n a criminal case the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.”
Francis v. Mun. of Anchorage, 641 P.2d 226 (Alaska Ct. App. 1982). “250(B) seem to derive in general terms from AS 28.15.291 and 28.35.260(5). 2 . Webster’s New World Dictionary defines “privilege” as follows: 1.”
State v. Strane, 61 P.3d 1284 (Alaska 2003). “at 816 (citing the interpretation of AS 28.15.291 adopted in Gregory v. State, 717 P.”
Matthew v. State, 152 P.3d 469 (Alaska Ct. App. 2007). “032(p); AS 28.15.291(a)(1); AS 28.35.182(b), respectively.”
— Alaska Stat. § 28.15.291(a) — 42 cases
Stevens v. State, 135 P.3d 688 (Alaska Ct. App. 2006). “Based on this conduct, Stevens was charged with the offense of driving a motor vehicle on a highway at a time when his license was revoked, AS 28.15.291(a). Stevens ultimately pleaded no contest to this charge, but he reserved his right to argue on appeal that, even when a…”
Jeffcoat v. State, 639 P.2d 308 (Alaska Ct. App. 1982). “We believe that an element of knowledge must similarly be read into AS 28.15.291. We believe that this conclusion, in turn, compels a finding that the notice provisions of AS 28.”
Manderson v. State, 655 P.2d 1320 (Alaska Ct. App. 1983). “He asserts that since AS 28.15.291(a) 4 does not specify the maximum sentence which may be imposed for a DWSOL conviction, the general penalty provision of AS 28.”
State v. Zerkel, 900 P.2d 744 (Alaska Ct. App. 1995). “These defendants, in addition to being charged with DWI and/or breath-test refusal, were also charged with driving while their license was suspended or revoked (DWLS or DWLR), AS 28.15.291(a). After the defendants lost their driver's licenses (or had their license revocations…”
Busby v. State, 40 P.3d 807 (Alaska Ct. App. 2002). “1986), that "proof of criminal negligence is the required mental state to show a violation of AS 28.15.291". In other words, the State did not need to prove that Busby was subjectively aware that his license was revoked.”
— Alaska Stat. § 28.15.291(a)(1) — 26 cases
Eide v. State, 168 P.3d 499 (Alaska Ct. App. 2007). “Based on the wording of this statute, and based on the descriptions of the intended scope of this statute in both the official legislative commentary and the Criminal Code Subcommission's commentary to the draft statute, I conclude that Eide's conduct (even viewed in the light…”
Matthew v. State, 152 P.3d 469 (Alaska Ct. App. 2007). “032(p); AS 28.15.291(a)(1); AS 28.35.182(b), respectively.”
Tegoseak v. State, 221 P.3d 345 (Alaska Ct. App. 2009).
Walsh v. State, 134 P.3d 366 (Alaska Ct. App. 2006).
Gladden v. State, 110 P.3d 1006 (Alaska Ct. App. 2005).
— Alaska Stat. § 28.15.291(a)(2) — 2 cases
Davison v. Sidders (D. Alaska 2024).
Thomas v. Plotnikov (D. Alaska 2025).
— Alaska Stat. § 28.15.291(b) — 1 case
Resecker v. State, 721 P.2d 650 (Alaska Ct. App. 1986).
— Alaska Stat. § 28.15.291(b)(1)(A) — 1 case
State v. Fogg, 995 P.2d 675 (Alaska Ct. App. 2000).
— Alaska Stat. § 28.15.291(b)(3)(A) — 1 case
State v. Fogg, 995 P.2d 675 (Alaska Ct. App. 2000).
— Alaska Stat. § 28.15.291(c) — 3 cases
State v. Robertson, 749 P.2d 902 (Alaska Ct. App. 1988).
Resecker v. State, 721 P.2d 650 (Alaska Ct. App. 1986).
Howell v. State, 834 P.2d 1254 (Alaska Ct. App. 1992).
— Alaska Stat. § 28.15.291(d) — 1 case
Witt v. State, 692 P.2d 976 (Alaska Ct. App. 1984).
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