Reader’s Question:

It can be alarming that other illnesses can actually get an individual arrested for DUI here in Anchorage, Alaska. This is because a close friend of mine told me a story about his father driving and was arrested for DUI but he wasn’t actually driving under any intoxicated substance. What medical conditions can place a person at high-risk for wrongfully being arrested for DUI?

Anchorage, AK

I have also heard several cases in Anchorage, Alaska that a person’s medical conditions can be associated with the symptoms of being intoxicated, and thus can get him/her arrested for DUI. Illnesses can be reasons why a person can have bloodshot or watery eyes or bad balance or poor coordination.

Often times, some drivers fear talking back to police officers. Some of them have been arrested and prosecuted when having ailments which remained undiagnosed, never knowing that a medical condition, and not alcohol or drug impairment, caused their intoxicated appearance and poor performance when taking DUI field sobriety tests (FST).

Even when not detecting the use of alcohol, police officers are actually permitted to arrest drivers when seeing traits or behaviors which they associate with DUI, such as a reddened face, watery eyes or other traits which could result from medical ailments. Medical conditions such as anxiety, anemia, ear infections, diabetes, carpal tunnel syndrome, fibrositis, acne, bell’s palsy, gout or even common cold can often mimic the side effects of alcohol or drug use.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

My brother has a DUI conviction here in Anchorage, Alaska. He is asking me to help him out on finding cheap SR22 auto insurance. Why does he need this and will we be able to find cheap SR22 auto insurance here in Alaska?

Jude

Anchorage, AK

Let me explain first why your brother needs SR22 auto insurance. This is commonly referred to as a certificate of financial responsibility or high risk car insurance. The mere fact that your brother has a DUI conviction in Anchorage, Alaska makes this a requirement as a proof of financial responsibility. The SR22 form provides a guarantee of insurance by the company your brother has purchased it from. This supplies the Department of Motor Vehicles (DMV) with the guarantee that even though he is a high risk driver, he at least carries the state mandated minimum limits of coverage. Further, it is essential that your brother does not allow this type of policy to lapse. The insurance company is required to immediately notify the DMV if it does lapse, and the DMV will immediately suspend your brother’s license until the insurance is reinstated.

To find SR22 auto or high risk car insurance, your brother can first check with his current insurance company to see if they can file it for him. If his insurance company does not offer that service or he does not have current insurance, time to start his comparison search. Finding SR22 auto insurance is easy with just a click of the mouse. There are a lot of insurance companies which offer this online. No need to worry, comparing car insurance rates from top companies against each other is an easy way to find a cheap rate and still get the coverage that you need.

Tags: drunk driving insurance, DUI, insurance, SR22 insurance

Reader’s Question:

I actually have never been charged with DUI here in Alaska but I have been drinking and driving once in a while. I have heard a lot about the tests that are being administered to suspected DUI drivers. What is this breath test and how does the body really reacts to alcohol?

Gerald

Anchorage, AK

You are most likely be asked to submit to a breath analysis test when you are pulled over on suspicion of driving under the influence of alcohol or drugs (DUI). Understanding the test is very important if you are going to decide whether or not to take it. Refusing to take the test can be used against you in court in the state of Alaska, so make sure you understand how it is used.

First, here’s how the body reacts to alcohol. Alcohol enters the blood stream quickly through the walls of the stomach, rather travelling through the entire digestive system. Bodily fluids dilute the level of the alcohol in the blood, and some alcohol is eliminated through the liver. Whatever alcohol is left in the blood is excreted through urine, sweat and the breath of the drunken individual. The breath analysis test is done in an attempt to measure the blood alcohol content (BAC) of the individual through the breath test.

The breath analysis is done using a machine known as a Breathalyzer which is simple to use. An individual just have to simply breathe into the Breathalyzer, and it will show the police officer the BAC. These results are not perfect, but they are actually an indication of whether or not you are driving with a BAC that is above the legal limit in Alaska. You will be brought in for further testing, including a possible blood or urine BAC test, if you fail the breath test.

Tags: DUI, DUI lawyer

Reader’s Question:

My sister was charged with DUI here in Alaska. She is thinking twice as to getting a lawyer or not. A friend said that she can go without a lawyer. How important is having a lawyer to represent her in cases such as this?

Lindsay

Anchorage, AK

For the obvious fact that your sister could either actually be innocent of the DUI charges, or even if she was in fact guilty, she may want to have a very good lawyer representing her no matter what DUI-related charge she is facing right now. A good Alaska DUI lawyer could have the DUI charges against her dismissed by finding flaws in police procedure and handling of the evidence, or also by finding contamination in the breath or blood tests taken. There are many factors that could affect the results of breath or blood test.

A good Alaska DUI lawyer on your sister’s side would give her the best chance at showing reasonable doubt. A good DUI lawyer would also be aware of the many potential strategies, tactics and defenses that can be used. You have to remember that your sister must be found guilty of the DUI-related offense beyond a reasonable doubt for her to be convicted.

You have to keep in mind as well that if your sister will be convicted of her DUI charge in Alaska, there are a lot of aspects in her life that will be affected. So, going in a battle in court for a DUI charge alone is not a good idea at all.

Tags: DUI, DUI lawyer

Reader’s Question:

I was convicted with DUI here in Alaska and it would still seem fortunate enough that I was able to avoid being in jail. What concerns me now is my car insurance. What will happen to my car insurance after my DUI conviction?

William

Anchorage, AK

In general, there are actually two ways insurance companies deal with customers convicted of DUI. First is that your insurance company will likely raise your car insurance premiums and label you a high-risk driver if it finds out you have been convicted of DUI in Alaska. Second is that your insurance company may cancel your insurance mid-term or terminate the policy at the end of the term because of your DUI conviction, especially if you are currently in a preferred class. Your insurance company would send you a notice stating why you have been cancelled, and then you would have to find another insurance company while having a cancellation on your claims history and a DUI on your driving record.

In Alaska, you will be required to file an SR22 so that you can have your driver’s license back. Your insurance company would have to provide SR22 form to Department of Motor Vehicles (DMV). This would serve as a proof of your insurance. You should carry the SR22 for three years after the last day of your driver’s license revocation.

Tags: drunk driving insurance, DUI lawyer, SR22 insurance

Reader’s Question:

I have tried drinking and driving several times and it seems very fortunate for me that I haven’t been caught and charge with DUI here in Anchorage, Alaska. But in case that I get pulled over by an officer in the future because of drunk driving, what are the things that I would have to keep in mind?

Jose

Anchorage, AK

If you have already tried drinking and driving several and still thinking about doing this in the future, there a chance that you could find yourself in some trouble. You might just get a traffic ticket and worse, a DUI charge in Anchorage, Alaska. Because of that, you need to know how to get around DUI when you are out there. Obviously, you have to make some smart decisions.

The police officer who pulled you over will conduct some field sobriety tests to see if you can walk or so on. By law, you are not required to take these tests but if you do and you pass, then you are going to have to continue with the rest of the test.

The police officer may take you to the station if he/she is still convinced that you are drunk. They would administer a breath test that you will not be able to refuse. A lot of the alcohol has burned up by this time and you are going to blow a lot less then you normally would.

Don’t answer any question and make sure you ask for a lawyer. You are getting to the right point if you are able to do this. Answering them is the last thing that you want to do when you are under the influence of alcohol because you might answer wrong. You have to wait for your lawyer to get there and that will be when you will be told to speak while you are bonding out.

Reader’s Question:

I was just recently arrested and charged with DUI here in Anchorage, Alaska. The arresting officer collected a DNA sample after I was arrested. Why does he have to do that? I need some clarifications.

Claire
Anchorage, AK

A sweeping crime bill addressing DUI in Alaska, the collection of DNA samples for those arrested for felonies in the state, and other issues has passed the state House and Senate. This would make it harder for someone convicted with DUI and those who were ordered not to consume alcohol as part of the DUI sentencing because they would have their state ID cards or driver’s license stamped. Any person convicted with Alaska DUI would have these forms of identification specially marked so that places distributing or selling alcohol know that they are prohibited from consuming alcohol under the terms of their probation or parole.

A local news in Anchorage, Alaska detailed how this new bill initially dealt with bail hearing before penetrating into other areas of the law. This new crime bill would actually institute a DNA clause which allows law enforcement officials to collect DNA samples from adults arrested on felony charges or even for a misdemeanor.

Reader’s Question:

What is the cost of punishment for an Alaska DWI?

Candice

Anchorage, AK

For a primary Alaska DWI offense, the cash penalty ranges from three hundred dollars to one thousand dollars with additional court costs and other fees. The jail time can be ten days to six months or all may be suspended. You will also be given thirty two community service hours. A substance exploitation assessment and driver enhancement school is necessary. In the occasion that your Blood Alcohol Concentration is over 0.15, you will receive a bare minimum of forty eight hours in jail and a license suspension of ninety days. For a Second Alaska DWI Offense, the cash penalty ranges from seven hundred fifty dollars to one thousand dollars with additional court costs and other fees. The jail time can be thirty days to six months; everything else except for forty eight hours may be suspended. Your community service time will be two hundred forty hours and you will be obligatory to be present at a substance abuse appraisal and driver upgrading school. In the event that your Blood Alcohol Content is over 0.15, the least compulsory jail time is ninety six hours, and your Driver’s License will be suspended for one year.
I hope the listing of punishment given above has helped you in some way.

Reader’s Question:

I was recently charged with DUI here in Alaska. I am unsure whether or not I will get a lawyer because I was told that I can just represent my own case. But I am just curious, how will retaining a lawyer assist me?

Kim

Anchorage, AK

The issue of drunk driving in Alaska is a very extensive matter and can be difficult to follow. The sentences are becoming increasingly severe and dealing with a case include an array of administrative license, evidentiary, sentencing, constitutional, and procedural affairs.

A general practitioner will do nothing or possibly even hurt your case because they are, more often than not, unqualified for such a particular field. The best Alaska DUI lawyer, on the other hand, can do many things to help improve your situation. A DUI lawyer could acquire measurements and maintenance records of the breath machine and have blood samples reanalyzed. They can also review the case for possible flaws, control evidence, debate reduced penalties and sentences, obtain expert witnesses for the case, contest the administrative license suspension, etc. In the end, getting an experienced Alaska DUI lawyer can be very beneficial to your case.

Reader’s Question:

What is the reliability of the breath test in Alaska?

George

Anchorage, AK

There is much debate on the breathalyzer in Alaska. Believers say that the breathalyzer will only read light absorbed by alcohol, while opponents state the machine often misreads other normally found substances in the breath as alcohol, thus giving an inaccurate high reading.

Neither the Department of Public Safety of Bryan nor the manufacturer of the machine will let anyone else other than the law enforcement to test the machine for its accuracy and reliability. It is normally understood that for a procedure to be accepted as accurate and reliable in science, it must be open and available for the scientists to test and retest the procedure. This is not permitted with this machine.

The maker of the machine does not give any warranty of the breathalyzer. It also does not give any warranty for the accuracy and reliability of breath testing. The breathalyzer is able to preserve breath samples, but the department of public safety does not preserve these samples. The cost of preserving breath samples is cheap and would allow arrested persons the opportunity to have their breath samples checked for accuracy. If found to be inaccurate, this could prevent an innocent person from being unfairly convicted. Additional re-testing of the breath sample could be done by a method known as gas chromatography. This method is more accurate and reliable method of testing breath samples for alcohol than the breathalyzer.