Fighting A DUI Charge in Alaska
Reader’s Question:
I have a DUI charge here in Anchorage, Alaska and I am finding reasons to fight my case because I think that it’s gonna be over if I just plead guilty. Will I have any legal and emotional reasons to fight my case?
Elise
Anchorage, AK
Of course you do, you definitely have legal and emotional reasons to fight your DUI case in Alaska. One aspect of your DUI case that you and your DUI lawyer would have to look into is the DUI traffic stop. The prosecution has to prove that the DUI stop was legal in the first place. The DUI lawyer could also have an independent testing of the blood sample that was drawn when you were arrested. The blood sample could also probably be clotted or fermented that produced a false high blood alcohol content (BAC) reading.
The emotional reasons to fight your DUI case could also be significant. Just like any boxer would tell you, it would be better to go down swinging that to back down from the fight. Shrinking from the battle, be it may in the courtroom or elsewhere in life, could bring emotional wounds that are far more hurtful than anything the judge could for you. Sometimes, it would be important to fight, just so you know you have done everything in your power to help the situation. Not to fight your DUI case would carry emotional baggage for a lifetime.
Failed DUI Test? Challenging DWI Tests in Alaska
Reader’s Question:
I got a DWI charge in Alaska after I failed several physical and chemicals tests done on me. What can a lawyer do for me to challenge the tests I did when I was arrested?
Henry
Anchorage, AK
Just because you failed the different tests administered on you when you got arrested for DWI in Alaska, it does not mean that a DWI conviction is 100% sure to follow. Field sobriety tests, for example are not sure science and more importantly, if you failed these tests, they are not a clear indication that you were under the influence or intoxicated at the time of driving. An experienced DWI lawyer could surely challenge if the tests are administered properly and could even go back to the location of the arrest to make sure that the tests are done in a suitable location.
Another challenge that could be brought up is with regard to the breath test machine. A good DWI lawyer could definitely challenge if the breath test machine that was used to administer your breath test was working properly. The results of these different tests could mean the difference between a reckless driving charge and a DWI charge. A good DWI lawyer would investigate every aspect of the tests that are administered on you to make sure that you get fair results that you deserve and help you find a way to keep your driver’s license.
DWI Traffic Stop in Alaska
Reader’s Question:
How can a person be stopped for DWI in Alaska. I mean, what are the usual signs or reasons for a police officer to ask a person to pull over?
Jack
Anchorage, AK
In Alaska, before a police officer ask a person to pull over for DWI or driving while intoxicated, the officer should have a probable cause or a reasonable suspicion for the DWI stop. In other words, the DWI stop should be legal and there should be sufficient evidence for an officer to initiate the DWI stop. A police officer could have suspicion that a driver is intoxicated if he sees some signs such as: the driver is swerving, weaving, disobeying traffic signs, speeding, going into the wrong lanes or driving too slow. If the police officer notices that the driver is exhibiting any of these behaviors, the officer would most likely make a DWI traffic stop.
Once the driver is stopped for suspected DWI, the officer would examine the driver for signs of intoxication such as: slurred speech, inability to follow directions, blood shot eyes, incoherent speech and flushed cheeks. If any of these physical signs of intoxication is present, the officer would observe the driver for a few minutes and most likely ask the driver to do some field sobriety tests or take breath or blood test to measure the blood alcohol content of the driver.
DWI Penalties in Alaska
Reader’s Question:
My brother needs to be prepared of what’s going to happen after being arrested for DWI in 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 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.