Reader’s Question:

My brother needs to be prepared of what’s going to happen after being arrested for DWI in Anchorage, 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 Anchorage, 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.

Tags: blood alcohol test, driver’s license, DWI, DWI lawyer, DWI penalties

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:

A lot has been said about DWI here in Anchorage, Alaska but all I know is that a driver can be charged for it if he/she is driving drunk. It still does not seem clear to me as to how DWI is being defined, so what is the legal definition of DWI?

Eleanor

Anchorage, AK

The legal definition of driving while intoxicated or DWI is driving without having the normal use of mental and physical faculties because of the introduction of alcohol, a controlled substance, a drug, an illegal drug, a combination of two or more of those substances, or any other substances into the body. DWI can also be legally defined as driving with blood alcohol content at or above the legal limit of 0.08%.

In any DWI case, which includes those in Anchorage, Alaska, the prosecutor only needs to prove one of the three ways to obtain a DWI conviction. The person has therefore the normal use of his/her physical faculties if there is no breath or blood test. However, a jury may believe that the individual lost the normal use of their mental faculties, thus they should find the person guilty. If the evidence in a DWI court trial only shows the person lost one of the normal uses of his/her physical and mental faculties and not together, it means that he/she is not intoxicated. An individual doesn’t necessarily have to be drunk to be intoxicated which means that he/she becomes intoxicated before becoming drunk.

Tags: drunk driving laws, DWI, DWI lawyer

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:

Driving home late last Saturday night, I was stopped for DWI by a police officer here in Anchorage, Alaska. He asked me to step out of the car and was requested to take a breathalyzer test and some field sobriety tests. I was then taken to the police station and charged with DWI. My breathalyzer result was just a little over the legal limit of .08. Is there a way for me to escape conviction?

Courtney

Anchorage, Alaska

We all know the seriousness of a DWI case and how it affects not only your insurance but you as an individual. It’s not surprising that many people feel helpless when facing a DWI charge because a majority of DWI-related arrests do lead to a subsequent conviction in court.

However, with so many laws requiring DWI suspects to submit to test after test, and wide use of breathalyzer devices despite fierce ongoing controversy over its reliability, impossible as it may seem, you’re not that helpless after all.

Every state, with the exception of Massachusetts, considers a DWI offense as a crime. DWI is usually defined as having a blood/alcohol level that is either above or at a predetermined level, normally 0.10. Some states set the legal limit lower; most of these are at 0.08 percent.

If a solid justification to pull you over is not presented by the police officer to the courts, your DWI case in Anchorage, Alaska will most likely be dismissed. If the initial arrest was made without probable cause, prosecutors cannot obtain a conviction. The standard probable cause means that, in order to pull you over, a police officer must have a reasonable belief that you have or are committing a crime (driving while intoxicated). This is a violation of your Constitutional rights and it immediately voids any evidence against you resulting from the arrest. So, it is important that you note the following details during the arrest:
- The place where you’re going
- The level of your own level of intoxication (if any)
- The reason given to you by the police officer why you’re stopped

-The things you’re asked to do by the police officer

Tags: advice, drunk driving laws, DWI lawyer

Reader’s Question:

What is the cost of punishment for an Alaska DWI?

Candice

Anchorage, AK

For a primary Alaska DWI offense, the cash penalty ranges from three hundred dollars to one thousand dollars with additional court costs and other fees. The jail time can be ten days to six months or all may be suspended. You will also be given thirty two community service hours. A substance exploitation assessment and driver enhancement school is necessary. In the occasion that your Blood Alcohol Concentration is over 0.15, you will receive a bare minimum of forty eight hours in jail and a license suspension of ninety days. For a Second Alaska DWI Offense, the cash penalty ranges from seven hundred fifty dollars to one thousand dollars with additional court costs and other fees. The jail time can be thirty days to six months; everything else except for forty eight hours may be suspended. Your community service time will be two hundred forty hours and you will be obligatory to be present at a substance abuse appraisal and driver upgrading school. In the event that your Blood Alcohol Content is over 0.15, the least compulsory jail time is ninety six hours, and your Driver’s License will be suspended for one year.
I hope the listing of punishment given above has helped you in some way.

Reader’s Question:

I was recently charged with DUI here in Alaska. I am unsure whether or not I will get a lawyer because I was told that I can just represent my own case. But I am just curious, how will retaining a lawyer assist me?

Kim

Anchorage, AK

The issue of drunk driving in Alaska is a very extensive matter and can be difficult to follow. The sentences are becoming increasingly severe and dealing with a case include an array of administrative license, evidentiary, sentencing, constitutional, and procedural affairs.

A general practitioner will do nothing or possibly even hurt your case because they are, more often than not, unqualified for such a particular field. The best Alaska DUI lawyer, on the other hand, can do many things to help improve your situation. A DUI lawyer could acquire measurements and maintenance records of the breath machine and have blood samples reanalyzed. They can also review the case for possible flaws, control evidence, debate reduced penalties and sentences, obtain expert witnesses for the case, contest the administrative license suspension, etc. In the end, getting an experienced Alaska DUI lawyer can be very beneficial to your case.

READER QUESTION:

Can you tell me what an AV rated Kenai AK DUI lawyer is?

Jean

THANKS FOR YOUR QUESTION, JEAN.

I’m very glad you asked this, because this is definitely a point of confusion for many people, as ratings can go either way, good or bad. Many companies and lawyers have a rating or an endorsement or accomplishment that they will tout in order to get customers or clients, and at times it is difficult to tell whether or not they are being given the thumbs up by the weirdo at the corner or by someone who should actually be listened to.

As for an AV rated Kenai AK lawyer, they are definitely being given the thumbs up by someone who should be listened to. AV ratings are determined by their fellows on the Alaska bar, not just by anybody, but by people who practice law and went to law school, so it’s coming from the right place.

Since these lawyers are often very good, it’s typical for them to charge more, which may put them out of your reach. If your case is pretty bad, though, you may want to take on that debt and work out a payment plan, though.

–Fashun.

When you head to your consultation with a DUI lawyer in Ketchikan Alaska, prepare yourself for asking the right questions so that you can discover the most important information. Don’t be afraid to ask for thorough answers and explanations, and make sure you don’t run off topic; meanwhile, take some notes of what is being said. You may consult with multiple lawyers, and so these will be handy later on when you have to make a comparison. Here are a questions which should come into your conversation:

• Who?. The consultation is for discussing your case and pricing with the person who is intended to be representing you when you take your case to court. Make sure that this is the same DUI lawyer in Ketchikan Alaska as the lawyer in the consultation.
• How long? The experience your lawyer has had in their practice is going to be very relevant to this conversation. A lawyer with more experience will be familiar with the process of defending a case and know which ways are the best to argue it. They should not only know enough about law in general, but also specifically about alaska DUI law. Ask what the numbers are for the DUI cases they do: how many, what percentage, how many succeed, and the like.

Ask for details on pricing and make sure you delve in there!

With possible convictions for driving under the influence of alcohol in front of you, you have to consider whether or not you will choose to hire a Kodiak Alaska DUI lawyer. Although there may be a few in this position who are under the notion that a lawyer is not necessary, they are rarely right, and the complexity and seriousness of a DUI offense is practically a requirement for you to hire a lawyer. Here are a few reasons why you may need a lawyer.

• You just won’t get it. Sure, there are websites where you can look up the DUI laws for your state, but without a Kodiak Alaska DUI lawyer you won’t have anyone to explain them to you, nor to know how they apply to your individual case.
• A lawyer can micromanage your case so that you don’t get mixed up and lose over some beauraucratic misstep.
• And the most important thing of all–a DUI lawyer is able to represent you and defend your case, which is pretty much the whole point of all of this.