Reader’s Question:

My sister was charged with DWI here in Anchorage, Alaska and she told me that the officer never read the Miranda Rights to her. If this is the case, could her DWI case be thrown out?

Jake
Anchorage, AK

In most instances, no, the DWI case of your sister in Anchorage, Alaska could not be thrown out if she was never read her Miranda Rights. The Miranda rights should only be told if she was already under arrest. Any incriminating statements she made while being interrogated prior to being placed under arrest for DWI are admissible in court. But if the police officer asked her questions after she was arrested but before she was advised of her Miranda Rights, any statement she made then would be suppressed at the DWI trial. If the prosecution’s DWI case rests solely on this suppressed statement, then your sister’s DWI case would most likely be dismissed. But in most instances, the prosecution relies on evidence other than the incriminating statement.

Sometimes, it would be difficult to know when a person is under arrest. Under Alaska law, if a reasonable person would believe he/she was under arrest, then an arrest has occurred. But a judge would ultimately make this determination and your sister should tell her DWI lawyer of all the facts surrounding her DWI case so that it could assist the DWI lawyer on advising your sister.

Tags: DWI, DWI arrest, DWI lawyer

Reader’s Question:

My brother needs to be prepared of what’s going to happen after being arrested for DWI in Anchorage, Alaska. What are the penalties that he could have if he gets convicted and how does the hearing with the DMV work?

April
Anchorage, AK

After your brother’s DWI arrest in Anchorage, Alaska, it would potentially spark two separate cases. The first one is the DWI criminal offense which is the case that would determine how much he would pay for the crime, including possible jail time. He would also face an administrative hearing with the Department of Motor Vehicles (DMV) if he refused to take the blood alcohol test or if the test showed that he was intoxicated. This hearing would decide if he can continue to drive in the state of Alaska. He definitely has the right to plead his case at this hearing, but he should request the hearing within seven days of his arrest or he would automatically lose his license. The hearing would also give him a chance to set forth evidence that might lessen his license suspension time.

Since this is your brother’s first DWI offense, if he will be convicted, he can expect to have punishments which include fines of $250 to $5,000, alcohol education and treatment that cost $20 to $150, community service of 24 hours and 72 hours to one year of jail time.

Tags: blood alcohol test, driver’s license, DWI, DWI lawyer, DWI penalties

Reader’s Question:

I heard that here in Anchorage, Alaska, blood alcohol test is the most common method used for measuring blood alcohol content. What problems or risks could someone have from having a blood sample taken for blood alcohol testing?

Mark
Anchorage, AK

In Anchorage, Alaska, blood alcohol testing may be the most commonly used method for measuring the blood alcohol content for someone who is suspected for DWI. In the state of Alaska, the legal definition of intoxication would be reaching the point when the blood alcohol content is at or exceeds 0.08%.

There could be a very little chance of a problem from having blood sample taken from a vein. One is that a person may get a small bruise at the site. It could have a lower chance of bruising by keeping pressure on the site for several minutes. In very rare cases, the vein could become swollen after the blood sample is taken. This kind of problem is called phlebitis wherein symptoms include pain or burning along the length of the vein, redness or swelling. To treat this, a warm compress could be used several times a day. Ongoing bleeding could also be a problem for people with bleeding disorders. Warfarin (Coumadin), aspirin and other blood-thinning medicines could make bleeding more likely. If someone has bleeding or clotting problems or takes blood-thinning medicine, he/she should tell the doctor before blood sample is taken.

Tags: blood alcohol test, DWI, DWI lawyer

Reader’s Question:

I often wonder how police officers in Anchorage, Alaska work, especially in a DUI arrest. Does police officer also make mistakes during a DUI stop?

Frida

Anchorage, AK

The straight answer would be yes, police officers in Anchorage, Alaska also make mistakes during a DUI stop or investigation. They actually have this “Training Manual” of rules that they should follow when they conduct field sobriety tests. Some DUI lawyers study this manual so they would know exactly what questions to ask the police officers to see if he completely followed the manual’s directions. This could be powerful evidence in a DUI case that is frequently overlooked by defense lawyers.

If the manual’s directions were not completely followed by the arresting officer, the validity of the tests can be attacked. A successful challenge often results in the exclusion of the test evidence at trial; and this would significantly weaken the prosecutor’s DUI case. There have already been reports that police officers do things inconsistent with the manual’s material and these have been found in extremely large number of DUI cases. Police officers also don’t always use objective scoring as explained in the manual. More often than not, officers just simply subjectively decide whether or not a person failed the tests.

Tags: DUI, DUI arrest, DUI lawyer, field sobriety tests

Reader’s Question:

A lot has been said about DWI here in Anchorage, Alaska but all I know is that a driver can be charged for it if he/she is driving drunk. It still does not seem clear to me as to how DWI is being defined, so what is the legal definition of DWI?

Eleanor

Anchorage, AK

The legal definition of driving while intoxicated or DWI is driving without having the normal use of mental and physical faculties because of the introduction of alcohol, a controlled substance, a drug, an illegal drug, a combination of two or more of those substances, or any other substances into the body. DWI can also be legally defined as driving with blood alcohol content at or above the legal limit of 0.08%.

In any DWI case, which includes those in Anchorage, Alaska, the prosecutor only needs to prove one of the three ways to obtain a DWI conviction. The person has therefore the normal use of his/her physical faculties if there is no breath or blood test. However, a jury may believe that the individual lost the normal use of their mental faculties, thus they should find the person guilty. If the evidence in a DWI court trial only shows the person lost one of the normal uses of his/her physical and mental faculties and not together, it means that he/she is not intoxicated. An individual doesn’t necessarily have to be drunk to be intoxicated which means that he/she becomes intoxicated before becoming drunk.

Tags: drunk driving laws, DWI, DWI lawyer

Reader’s Question:

I heard that police officers in Anchorage, Alaska administer some kind of standardized and non-standardized field sobriety tests in a DWI arrest. Could you give me the kinds of standardized field sobriety tests and could you also please describe how they are being done?

Dana

Anchorage, AK

There are three standardized field sobriety tests (SFST’s) that police officers in Anchorage, Alaska often administer to a person suspected of DWI. Officers take note of how well the person performs these tests and responds to direction.

The horizontal gaze nystagmus is one type of SFST which is the involuntary jerking of a person’s eyeball. If the DWI suspect is under the influence of alcohol, it is often believed that he/she will have a difficult time following an object with his/her eyes. In this test, the officer would ask the person to follow the tip of a pen or a finger while he/she moves the object back and forth. Another SFST is the walk and turn test in which the person will be instructed to take 9 heel-to-toe steps, stop, turn, and then take 9 more heel-to-toe steps in the opposite direction. The other SFST is the one-leg stand in which the person will be instructed stand on one foot while raising the other foot approximately 6 inches off of the ground and he will also be asked to count out aloud until instructed to stop.

Tags: DWI, DWI arrest, DWI lawyer, field sobriety tests

Reader’s Question:

I have heard a lot of stories questioning the reliability of a breath test in a DUI case. If I will be arrested for DUI in Anchorage, Alaska, how can the result of the breath test be excluded as evidence in a DUI case?

Brooke

Anchorage, AK

The use of the breath testing machines to obtain the blood alcohol content of a driver arrested for DUI has been widely criticized since law enforcement has employed the device in an effort to seek convictions for those suspected of DUI. Rationally, many safety standards have been put into place in order to attempt to minimize the number of innocent persons being convicted for DUI. So if you would be arrested for DUI in Anchorage, Alaska, there would be countless reasons that the court could rule to exclude ‘breath test evidence.’

It could be a ground for suppression of evidence if the breath test machine has not been calibrated because it needs to be regularly maintained and serviced to ensure accurate results. The breath test result could also be excluded if the police officer failed to observe the driver for a period of 20 minutes prior to administering the breath test. It would also constitute as a failure of legal procedure if the technician who performed the test is not properly certified and is not current with his/her educational requirements, thus breath test results should be excluded from the state’s evidence.

Tags: breath test, DUI, DUI lawyer

Reader’s Question:

After being arrested for DUI in Anchorage, Alaska, the ultimate things that I am afraid of are going to jail and losing my license. How can a DUI attorney help me in saving my license and freedom?

Aydin

Anchorage, AK

It’s totally understandable that you are afraid of going to jail and losing your driver’s license after being arrested for DUI in Anchorage, Alaska. There is a good chance that a DUI attorney could help you with that. There are at least 20 possible defenses that can be made to the DUI charges you face. Your DUI attorney would raise applicable defenses for you so that your DUI case is as strong as possible.

The ultimate choice is to fight your DUI case because the ultimate goal of a DUI attorney is getting you off, keeping your record clean and preventing you from losing your freedom and your license to drive. At the very least, a DUI attorney would make sure that you will be treated fairly. Remember that the District Attorney prosecutes criminal cases, including DUI cases, all day. He knows all the fine legal points that can be used against you. But the DA also has to show that the police officer made the arrest properly, that you were properly advised of your rights, that the equipment he used to test you was working accurately and that the person operating that equipment was certified to operate it. A DUI attorney can get information which may prove you innocent.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

It’s alarming that so many people I know are being caught drunk driving here in Anchorage, Alaska. Of course, I wouldn’t want the same thing to happen to me. If I was asked to stop for a DUI suspicion, what do you think is the best I can do if I’m already placed under arrest?

Ciara

Anchorage, AK

The sad truth is that if you read police reports, it can be frustrating sometimes to know the statements of people who are caught drunk driving. The common problem here is that most people arrested for DUI in Anchorage, Alaska don’t know that they have the right to refuse to answer questions that might incriminate them before they are arrested.

It is very important to always remember that everything you say from the point you are approached by the police officer until you are released from custody can, and most likely will, be in a subsequent police report, and it may be used against you at trial. You don’t need to say anything to the police officer other than your name and insurance information. Also, don’t offer information such as “I only had two beers” or “I’m upset because my boyfriend just broke up with me.” Don’t even make jokes to the police officer. Don’t argue with them, or swear at the officer because you will later regret it.

It is possible for a DUI lawyer to get the statements thrown out, but it is also possible that a judge may leave them intact and they will then be intact for a jury to hear. So always remember to be quiet, give out only essential information, and hope for the best.

Tags: DUI, DUI advice, DUI arrest

Reader’s Question:

I already had the arraignment for my DUI case here in Anchorage, Alaska and I am waiting for my pretrial conference. I wanna know what usually happens at a DUI pretrial conference?

Zain

Anchorage, AK

During a DUI pretrial conference for your DUI case in Anchorage, Alaska, you and your DUI lawyer would meet with the prosecutor and discuss your charges. The District Attorney or the prosecutor would offer a deal to plead to the DUI charges.

If your DUI lawyer could negotiate a deal that is fair and agreeable to you, then you might agree to the deal and plead guilty of your DUI charge. If you want to fight the DUI case, which is what I highly recommend you to do, your DUI lawyer would file motions for discovery, possibly set a date for a motion to suppress hearing, or determine other court dates as required. Moreover, if you are fighting the DUI case, you might want to talk to your DUI lawyer to give him/her the detailed facts on your DUI case. Your DUI lawyer could also visit the site of the spot where the officer pulled you over. In this way, he/she can investigate any irregularities about the police procedures, and analyze exactly how you should argue that you are not guilty.

Tags: drunk driving laws, DUI, DUI lawyer