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:

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

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

Reader’s Question:

I wanna help my father get out of his DUI charge in Anchorage, Alaska. He has a good driving record over the years and it’s hard to believe that he was caught drunk driving. How will a DUI lawyer help him in his situation?

Francine

Anchorage, AK

There are a lot of things that a DUI lawyer can do for your father to help him on his DUI case in Anchorage, Alaska. The DUI lawyer can help him out on his Department of Motor Vehicles (DMV) hearing to fight for his driver’s license. He must request this hearing within seven days of arrest and the DUI lawyer could be able to guide him on this.

Chemical tests or blood alcohol tests are not always right and the DUI lawyer knows several ways to find out the inaccuracy of the blood alcohol tests. And in doing so, the DUI lawyer could be able to successfully challenge the blood alcohol test results. Experienced DUI lawyers can actually get the maintenance records for the equipment used in the testing. They can also find out the results for the other persons who were tested around the time your father was tested. He has to be prepared, too because no defense is ready unless he is taught how to present himself on the witness stand.

Tags: DUI, DUI advice, DUI lawyer

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