Reader’s Question:

A friend of mine has a DUI conviction here in Alaska and he is getting ready to get his license back. How can he be able to restore his driving privileges?

Blair

Anchorage, AK

Since your friend has a DUI conviction in Alaska, the state has revoked his license or privilege to drive. His driving record shows that Alaska has taken some actions against his license. Because of that, he has to take some steps in reinstating his driver’s license.

To get his driver’s license back, he needs to apply for a new license at a Division of Motor Vehicles office. He has to pass the vision and written tests and he may need a road test as well. He also has to pay the necessary reinstatement and license fees. SR22 form is also needed as a proof of insurance. If he doesn’t have SR22 insurance yet, he can get an online quote for SR22 insurance in Alaska from this website. He would also have to present proof of birth and identity. In most DUI convictions, he might have to contact a local Alcohol Safety Action Program (ASAP). He may need a proof of completion of an approved treatment program from ASAP.

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

Reader’s Question:

My cousin here in Anchorage, Alaska has just been charged with DUI. The family decided that we will get a lawyer to defend him on his DUI case? Will we be able to speak to a lawyer outright if we contact a law firm?

Lia

Anchorage, AK

Generally, lawyers will not be able to be the person that you can reach if you contact a law firm to defend your cousin his DUI case in Anchorage, Alaska. Except of course, if there is an emergency situation, like if the person is in jail. The highly trained staff members of the law firm answer almost all questions. They usually make effort to let you talk to a lawyer you call in if an immediate need exists. The reason behind that is because lawyers are in court almost every day with previously scheduled client interviews.

Most law firms offer free initial consultation to every person charged with a crime, including DUI charges, who sets an appointment to talk to a lawyer. If your cousin gets to talk to lawyer about his DUI case, make sure that he appears on time and bring all of the paperwork with him. When he comes in for his free consultation, he will be told the favorable and unfavorable aspects of his DUI case and how the lawyer would approach handling his case, based on the knowledge they have in front of them at the time of the consultation. Your cousin is also not obligated to hire the lawyer merely because he has a free initial appointment.

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

Reader’s Question:

My son has been arrested for DUI in Anchorage, Alaska and we feel like he has a big chance of winning his case. Nonetheless, we still want to know the possible defenses that he can use on his case. What are the attacks that we can use to help my son on his DUI case?

Addison

Anchorage, AK

Although not every possible DUI attack is applicable on every case, there are many DUI defenses that you can use to help your son defend his DUI case in Anchorage, Alaska. First is that if the police officer lacked probable cause to stop your son. In Alaska, and anywhere in the US, police officers cannot pull you because they feel like it. An officer who initiated a traffic stop must have a lawful reason to pull you over. If the officer lacked a lawful reason to pull your son over, any evidence gathered after the stop may be suppressed. In this case your son would be entitled to an evidentiary hearing to see if the information should be suppressed.

Another thing is if the officer lacked probable cause to arrest your son. An officer can only arrest a person only if probable cause exists to believe a crime was committed. In your son’s DUI case, the evidence gathered by the officer must support the officer’s belief that your son has been operating his vehicle under the influence of an intoxicant. This probable cause will be formed based generally on the observations of the officer. Bloodshot eyes, performance of roadside tests, preliminary breath tests and smell of intoxicants can all be a basis for probable cause to arrest.

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

Reader’s Question:

Driving home late last Saturday night, I was stopped for DWI by a police officer here in Anchorage, Alaska. He asked me to step out of the car and was requested to take a breathalyzer test and some field sobriety tests. I was then taken to the police station and charged with DWI. My breathalyzer result was just a little over the legal limit of .08. Is there a way for me to escape conviction?

Courtney

Anchorage, Alaska

We all know the seriousness of a DWI case and how it affects not only your insurance but you as an individual. It’s not surprising that many people feel helpless when facing a DWI charge because a majority of DWI-related arrests do lead to a subsequent conviction in court.

However, with so many laws requiring DWI suspects to submit to test after test, and wide use of breathalyzer devices despite fierce ongoing controversy over its reliability, impossible as it may seem, you’re not that helpless after all.

Every state, with the exception of Massachusetts, considers a DWI offense as a crime. DWI is usually defined as having a blood/alcohol level that is either above or at a predetermined level, normally 0.10. Some states set the legal limit lower; most of these are at 0.08 percent.

If a solid justification to pull you over is not presented by the police officer to the courts, your DWI case in Anchorage, Alaska will most likely be dismissed. If the initial arrest was made without probable cause, prosecutors cannot obtain a conviction. The standard probable cause means that, in order to pull you over, a police officer must have a reasonable belief that you have or are committing a crime (driving while intoxicated). This is a violation of your Constitutional rights and it immediately voids any evidence against you resulting from the arrest. So, it is important that you note the following details during the arrest:
- The place where you’re going
- The level of your own level of intoxication (if any)
- The reason given to you by the police officer why you’re stopped

-The things you’re asked to do by the police officer

Tags: advice, drunk driving laws, DWI lawyer

Reader’s Question:

My daughter was arrested for DUI in Anchorage, Alaska and we were told that it is very important for us to hire the services of a DUI lawyer. Why can’t we just get any lawyer?

Van

Anchorage, AK

If your daughter has been arrested for DUI in Anchorage, Alaska, it is imperative that you hire a DUI lawyer to represent your daughter on her DUI case. You should hire an Alaska DUI & Criminal Defense lawyer that focuses his practice on defending those accused of a DUI. This kind of lawyer spends hundreds of hours perfecting the defense of those accused of DUI. Most of them have read all relevant publications, including hundreds of DUI and Criminal Defense Blogs from all over the country. They also regularly attend legal education seminars devoted to DUI defense.

A lawyer who focuses his attention on DUI cases only knows expert witnesses and understands the in’s and out’s of DUI cases to best help your daughter on her defense. The law is way too complicated these days for a lawyer to be a jack-of-all-trades. When your daughter’s reputation, money, job, or freedom is on the line, she needs a lawyer that makes Alaska DUI & Criminal Defense his priority.

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

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?

Stewart

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