DUI Law Highlights In Anchorage Alaska AK
Reader’s Question:
I am doing a research for drunk driving laws here in Anchorage, Alaska as part of my DUI school program, what are the law highlights of DUI laws in this city?
Sarah
Anchorage, AK
Local state laws in Anchorage, Alaska have been stricter than ever. But to give due credits, these harsh policies keeps our roads a safe place for every Alaskans. Major highlights on Alaska DUI laws include a “per se “ Blood Alcohol Concentration (BAC) level of .08 as of August 25 of 2005. This means that any person found to have at least .08 or more blood-alcohol concentration is already an intoxication in the eyes of the law. This automatically means that there would be no additional proof on driving impairment is required to determine DUI violation. Now if the driver is under the legal drinking age of 21, Alaska implements a Zero Tolerance BAC level and should be at 0.00. That means, the driver should not have any trace of alcohol in the body.
Many states like Alaska impose stricter penalties for DUI offenders with a high BAC at the time of the offense, about 0 .15 to 0.20 percent. DUI offenders with a BAC at or above their state’s penalty standards will likely look up for a longer jail time, higher fines, and more driver’s license sanctions.
Whereas in most cases, people who are found guilty of DUI suffer severe consequences involving their driving privileges. It really helps a lot that we know what constitutes these laws so that every driver in Alaska can have second thoughts on driving under the influence. Having said so, I suggest that a good and reliable auto insurance can be of no additional cost should you keep a DUI free record. Affordable insurance quotations are available on this website.
Tags: auto insurance, auto insurance quotes, drunk driving laws, DUI, DUI lawyer
Help I Have Been Charged With Drunk Driving in Alaska
Reader’s Question:
I know that I can be charged with DWI if I am drunk driving with a blood alcohol level of .08%. But is it true that I can also be charged with DWI if my blood alcohol is lower than that? If so, how can a DWI case be prosecuted and in case I am charged with DWI, what’s the first thing that I would have to do?
Jair
Anchorage, AK
Yes, it is true, Jair, you can be charged with DWI if you are caught drunk driving in Anchorage, Alaska with a blood alcohol content (BAC) even below 0.08%. There are two theories of DWI cases in the state of Alaska that a person can be prosecuted with. The first one would be the violation of the “per se” law by driving with a BAC of .08% or higher and the other one is by driving while impaired. For the purposes of Alaska’s DWI laws, impairment could be proved by field sobriety test performance, chemical test results and driving patterns.
If in case you are charged with DWI, the very first thing that you would have to do is to hire a skilled DWI defense lawyer. This kind of lawyer would know how to deal with each type of evidence in a drunk driving case in the state of Alaska. An experienced DWI defense lawyer could walk you through and help you in every stage of your DWI case. Moreover, he/she could go with you and defend you not just on your DWI trial in court, but he/she could also represent you in your administrative case with the Department of Motor Vehicles (DMV).
DWI Arrest in Alaska?
Reader’s Question:
My sister was charged with DWI here in Alaska and she told me that the officer never read the Miranda Rights to her. If this is the case, could her DWI case be thrown out?
Jake
Anchorage, AK
In most instances, no, the DWI case of your sister in Anchorage, Alaska could not be thrown out if she was never read her Miranda Rights. The Miranda rights should only be told if she was already under arrest. Any incriminating statements she made while being interrogated prior to being placed under arrest for DWI are admissible in court. But if the police officer asked her questions after she was arrested but before she was advised of her Miranda Rights, any statement she made then would be suppressed at the DWI trial. If the prosecution’s DWI case rests solely on this suppressed statement, then your sister’s DWI case would most likely be dismissed. But in most instances, the prosecution relies on evidence other than the incriminating statement.
Sometimes, it would be difficult to know when a person is under arrest. Under Alaska law, if a reasonable person would believe he/she was under arrest, then an arrest has occurred. But a judge would ultimately make this determination and your sister should tell her DWI lawyer of all the facts surrounding her DWI case so that it could assist the DWI lawyer on advising your sister.
DWI Field Sobriety Tests Anchorage Alaska AK
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