Are You Charged With DUI? What Happens Next?
Reader’s Question:
If I get charged for a DUI, what are the things that I should expect to happen? Am I going to jail? I hope you can give me some information regarding this. Thanks!
Miley
Juneau, Alaska
DUI or Driving Under the Influence is a very serious, and very costly, offense in the state of Alaska. DUI is still one of the top reasons for most of the auto accidents on America’s roads up until this day. If convicted of a DUI, one can expect heavy fines and penalties as consequences. Auto insurance for DUI will then be necessary if one wishes to get back on the road again, after completing his/her DUI sentence.
Some important information regarding DUI in Alaska: First DUI offense is fined $1,500, sentenced to three days in jail, and suspension of driver’s license for 90 days. Second DUI offense: $3,000 fine, 20 days in jail, and one-year license suspension. Third DUI offense: $4,000 fine, 60 days incarceration, and a suspended license for the next three years, Fourth offense: $5,000 fine, five year license suspension and 120 days in prison. Fifth offense: $6,000 fine, 240 days in jail, and a suspended license for a period of five years. Further offenses fined $7,000, five-year license revocation and 360 days incarceration.
After completing your DUI sentence, it is very important to get the necessary auto insurance for DUI to cover you. You risk putting yourself in a huge financial burden if you drive, and consequently gets involve or causes a car accident, while uninsured. Your premiums can also increase, not to mention further penalties from the state.
But you don’t have to look far and wide since the best auto insurance for DUI today can easily be found on the Net, thanks to the many dedicated auto insurance portals and websites catering to the DUI market. With these, getting the latest rates and comparing different auto insurance providers is now easier than ever.
By spending just a few minutes, and with a little bit of effort, you an get the right auto insurance for DUI best fitting your needs while saving you hundreds, even thousands, of dollars on your DUI auto insurance coverage every year. So save yourself the trouble and shop on the Web today.
How Can I Avoid a Drunk Driver?
Reader’s Question:
I was told that there are a lot of people who are driving drunk here in Anchorage, Alaska especially at night. How would I spot a drunk driver and respond appropriately?
Dana
Anchorage, AK
According to the findings of the National Highway Traffic Safety Administration (NHTSA), traffic accidents are the largest single cause of death for people aged five to 27, and almost 50% of these accidents are alcohol-related so it’s good to be vigilant while driving in Anchorage, Alaska especially at night. You have to watch out for cars that make wide turns or zigzag across lanes. be careful of other erratic driving such as delayed responses to traffic signals and rapid braking and accelerating. You also have to be alert to motorists who move in a straight line at an angle to the direction of the road or those who swerve dangerously close to the curb or to objects along the road.
You can look for vehicles that drive in two lanes at once or along the dividing line, or those that drive on the wrong side of or even off the road. You have to watch out for vehicles driving with headlights off at night, those that drive 10 mph or more below the speed limit or that follow you or others too closely. Also, beware of motorists whose signals are inconsistent with their actions. If you spot a drunk driver, stay clear out of that vehicle. You can take note of the plate number and vehicle description then call the police at 911 and report your location, the vehicle’s direction of travel and the driver’s behavior and let the authorities handle the situation.
Tags: DUI, DUI arrest, DUI lawyer
DWI Arrest – Do I Have To Take The Breath Test in Alaska?
Reader’s Question:
I haven’t been arrested for DWI in Alaska because even though I drive after having some alcohol, I take a lot of care in driving. But in case I get stopped, do I have to take a breath test or any other chemical test or doing so will be a mistake?
Lane
Anchorage, AK
The answer to both your questions would be “yes” and “no,” depending on the circumstances. Unless there is an accident, the police officer could not force you to submit to a breath, blood or urine test. But the State of Alaska has an “implied consent law” which states that as a condition of being given the privilege to drive in the State or upon obtaining your driver’s license, you are required to take a chemical test if there is a reasonable belief that you are violating the alcohols laws.
Thus, if you refuse to take any chemical test if you get arrested for DWI in Alaska, you will generally lose your driving privileges for one year. The prosecutor would have to prove the DWI case without the use of any chemical evidence. This obviously would be an advantage for you as a defendant. But you would be faced with the probable loss of your driving privileges for one year.
Appeal For A DWI Charge In Alaska?
Reader’s Question:
My friend has been found guilty and was sentenced for DWI in Alaska. How many days does he have to appeal his conviction and who will hear it?
Reggie
Anchorage, AK
Your friend has twenty days to appeal his DWI conviction in Alaska to a higher court. His appeal will be heard by one Superior Court Judge who will rule in the DWI charge by reviewing the Trial Transcripts and written evidence presented to the lower court and at this point, no new evidence is presented. The court could not impose a more severe sentence than that imposed by the Municipal Court Judge. If your friend will be convicted again, he has forty five days to appeal to the Appellate Division which is a multi-Judge panel.
Once your friend has already filed an appeal, the process will begin for a formal change to the judge’s official decision. At this point, the Superior Court Judge will examine the record of evidence presented in the trial court and the law that the lower court applied and decides whether that decision was legally sound or not. The higher court would normally be deferential to the lower court’s findings of fact, unless clearly erroneous, and so would focus on the court’s application of the law to those facts.