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

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).

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.

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

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

I was recently charged with DUI. 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.

Can you tell me what an AV rated 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.

• There may be fees assessed within the cost of Juneau Alaska DUI attorney for worker costs, such as a secratary who does routine phone calls for your case, or someone who interviews the people who witness for you.
• Office operation and material costs, like the use of a fax machine or simple paper and writing utensils.
• Cost of gas, taxi, whatever for your lawyer to journey to court and back when handling your case, as well as for the witness if there are any.
• Overtime.
• Fees assessed for filing paperwork with the courthouse.
• The cost of having an optional jury trial.
• Fees for sending mail and shipping other things.

• What is seen.

Bucking in and out of one lane and into another is a classic drunk driver behavior. Different behavior also fits in this area. When they pull you to the side of the road, they could shine a light in your eyes–if they are bloodshot that’s another sign. If they request that you get out, the inability to walk in a straight line can also prove to your detriment.

• Your speech pattern and your words.

You may convict yourself right then in there if you give the wrong answer to the question of how many beers/glass of wine/shots/whatever you have drunk. Along with that, corrupting your speech by doing things such as interchanging words and muffling and slurring them makes you seem drunk.

• How it reads.

usually, police will administer some kind of test for your BAC level. These will usually be the hardest evidence against you.

• Hourly fee.

Pay attention with hourly fees. Even though your Sitka Alaska DWI lawyer give you a low price, the charges won’t be just for the day or so in court, but for research, consulting with you, and additional functions of a lawyer that they will perform. If something makes your case more difficult halfway through, this price could jump through the roof. Always ask what number of hours your lawyer thinks will be put into your case.

• Flat Fixed fee.

Always request to know details of the service you are guaranteed with a fixed fee, and be inquisitive about costs which may be between the lines.

• Contingency fee.

A court orders a contingency fee, so it’s not something you can ask for.