Reader’s Question:

I was surprised that the police officer immediately confiscated my driver’s license after I was arrested for DUI here in Anchorage, Alaska. Isn’t that they have to prove that I was guilty first before they punish me, so how can they do that if I was presumed to be innocent?

Maiya

Anchorage, AK

Unfortunately, that should always be the case in a DUI arrest in Anchorage, Alaska. The Department of Motor Vehicles is actually required by law to immediately suspend the driver’s license of anyone arrested for DUI who has a .08% blood alcohol content, takes a blood or urine test that will be analyzed later or refuses to take any test. The driver’s license is taken on the spot and the DUI suspension is legally effective the moment the police officer signs the notice and hands it to you.

If we view it in another way, the police officer in a drunk driving case is constable, prosecutor, judge, jury and executioner and anyone has absolutely no rights. As a matter of fact, if you took a blood or urine test, they don’t even wait for the results (which will come back from the lab days later). Not only they presume you guilty, they also presume that the evidence will eventually show it.

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