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Use It, Lose It

This new law, effective July 1, 1994, takes a strong stance against underage drinkers. Alaska youth between the ages of 14-21 that use or carry alcohol or illegal drugs will face the "Use It, Lose It" penalty. Not only can they be charged with minor consumption or possession, a criminal misdemeanor, but under the provisions of the "Use It, Lose It" law they will also temporarily lose their drivers license. 

What is the "Use It, Lose It" law?Enacted by the 18th Alaska Legislature, the "Use It, Lose It" law allows a peace officer to seize the driver's license of an underage person who is 14 years of age but not yet 21 years of age if probable cause exists that they possessed or used alcohol or a controlled substance. 

If my license is seized, what are the consequences? 

First offense: 

  1. 90 day revocation           
  2. Alcohol education or drug treatment           
  3. $100 reinstatement fee           
  4. Court fines & fees 

Second offense: 

  1. One year revocation           
  2. Alcohol education or drug treatment           
  3. $250 reinstatement fee           
  4. Court fines & fees 

Third offense: 

Penalties are the same as second offense but revocation is for three years. 

Must I be convicted in a court of law for minor in possession or consumption of drugs or alcohol for the revocation to occur? 

No. This action is an administrative action and is automatic once a revocation notice is issued by an officer. It is in addition to any action taken by the court system. 

Do I have to be driving?

No. The "Use It, Lose It" law addresses minors who use or carry drugs or alcohol under any circumstances. 

Will this law affect me even if I do not have a drivers license?

Yes. The revocation can be issued for any alcohol or drug violation by a minor and affects not only licensed drivers but permit drivers as well. Also, any person with a revocation issued against them as forfeited their priviledge to obtain an instructional permit or driver's license until the revocation period has expired. 

Can the revocation be appealed?

Yes. You have the right to ask for an administrative hearing to contest the revocation of your driver's license. If you make a timely request for a hearing, the Department of Public Safety will issue you a temporary license, valid until the date of the hearing. The hearing is limited to the isues of: 

  1. whether the officer had probably cause based on personal observation that the person possessed or consumed alcohol or a controlled substance;           
  2. that a revocation notice was provided to the person.
How do I request a hearing?

The Department of Public Safety will review your revocation only upon written request. The request for a hearing must be physically submitted or postmarked within seven days of the "date issued" on the front side of your revocation notice. 

Can I drive if my parents are in the car with me?

No. If your license is revoked, you may not drive in Alaska under any circumstances, including using a driver's license from another jurisdiction, until you have complied with all of Alaska's requrements and been issued a new license. 

Is there anything I can do to reduce the amount of time of the revocation?

No.

    • Police Department
    • Chief of Police : Mark Mew
    • 4501 Elmore Road, Anchorage, AK 99507
    • 907 786-8500