What is the difference between criminal and administrative revocation from DUI.
When you're involved in a DUI incident, it's important to understand that you're facing two distinct processes, both detailed in the Notice and Order of Revocation given to you by the police on the day of the incident.
Understanding DUI Implications:
- Criminal Law Violation: This pertains to the legal consequences of DUI as a criminal offense.
- Driving Behavior and Road Safety: This aspect focuses on how your actions impact road safety and can lead to the administrative revocation of your driving license, independent of the criminal charges' outcome.
This dual approach means your license can be administratively revoked even if criminal charges are dismissed.
Administrative Process: The administrative process is specifically designed to address driver behavior and road safety. The hearing officers, during this process, are restricted to evaluating certain criteria, including:
- Whether there was probable cause to believe you were operating a vehicle under the influence.
- If your breath test result was .08 or higher, or if you refused to provide a breath sample.
Court Process: The court process deals with the legal ramifications of violating criminal law. It is conducted by state or municipal attorneys, based on where the incident occurred. These attorneys have the discretion to consider a wide range of issues when deciding on the course of action for a case.
Need More Information?
For questions about administrative license revocation or how to reinstate your driving privileges, reach out via email to doa.dmv.ads@alaska.gov.