DWI Blood Alcohol Tests in Alaska
Reader’s Question:
I heard that here in 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 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.
How Reliable Are Alaska DUI Breath 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 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 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.
Alaska DUI Breathalyzer Test – BAC Testing
Reader’s Question:
I actually have never been charged with DUI here in Alaska but I have been drinking and driving once in a while. I have heard a lot about the tests that are being administered to suspected DUI drivers. What is this breath test and how does the body really reacts to alcohol?
Gerald
Anchorage, AK
You are most likely be asked to submit to a breath analysis test when you are pulled over on suspicion of driving under the influence of alcohol or drugs (DUI). Understanding the test is very important if you are going to decide whether or not to take it. Refusing to take the test can be used against you in court in the state of Alaska, so make sure you understand how it is used.
First, here’s how the body reacts to alcohol. Alcohol enters the blood stream quickly through the walls of the stomach, rather travelling through the entire digestive system. Bodily fluids dilute the level of the alcohol in the blood, and some alcohol is eliminated through the liver. Whatever alcohol is left in the blood is excreted through urine, sweat and the breath of the drunken individual. The breath analysis test is done in an attempt to measure the blood alcohol content (BAC) of the individual through the breath test.
The breath analysis is done using a machine known as a Breathalyzer which is simple to use. An individual just have to simply breathe into the Breathalyzer, and it will show the police officer the BAC. These results are not perfect, but they are actually an indication of whether or not you are driving with a BAC that is above the legal limit in Alaska. You will be brought in for further testing, including a possible blood or urine BAC test, if you fail the breath test.
Does a Blood Alcohol Breath Test Work?
Reader’s Question:
What is the reliability of the breath test in Alaska?
George
Anchorage, AK
There is much debate on the breathalyzer in Alaska. Believers say that the breathalyzer will only read light absorbed by alcohol, while opponents state the machine often misreads other normally found substances in the breath as alcohol, thus giving an inaccurate high reading.
Neither the Department of Public Safety of Bryan nor the manufacturer of the machine will let anyone else other than the law enforcement to test the machine for its accuracy and reliability. It is normally understood that for a procedure to be accepted as accurate and reliable in science, it must be open and available for the scientists to test and retest the procedure. This is not permitted with this machine.
The maker of the machine does not give any warranty of the breathalyzer. It also does not give any warranty for the accuracy and reliability of breath testing. The breathalyzer is able to preserve breath samples, but the department of public safety does not preserve these samples. The cost of preserving breath samples is cheap and would allow arrested persons the opportunity to have their breath samples checked for accuracy. If found to be inaccurate, this could prevent an innocent person from being unfairly convicted. Additional re-testing of the breath sample could be done by a method known as gas chromatography. This method is more accurate and reliable method of testing breath samples for alcohol than the breathalyzer.