Reader’s Question:

I need to attend DUI class after I was charged with DUI here in Anchorage, Alaska, how do I sign up for that?

Miranda

Anchorage, AK

Just as with any other traffic violations, a DUI charge often end with the accused having to attend DUI class. A DUI School is more likely to be a relatively small part of the sentence for a DUI conviction since you could also face stiff fines, and even serving time in jail. But attending DUI class is a deterrent to future convictions. Before you sign up for DUI class because of your DUI charge in Anchorage, Alaska, you have to find out from the court first and verify with your DUI lawyer exactly what type of DUI class you should attend. The length of time could vary and you should not choose a class that doesn’t satisfy the court.

You can go online to help you find DUI schools near you, and I’m sure you’ll have several options. You can also use other resources online for finding the right DUI School. You might want to use nonprofit or government-run websites for unbiased information. For instance, the local Department of Motor Vehicles office is a public entity and will give you a more complete list of options. While finding the right DUI School, you might also want to find the right car insurance for you so go on and get a free quote from this website.

Tags: car insurance, DUI, DUI lawyer, DUI school

Reader’s Question:

What does it mean when you say “binding period” in an auto insurance policy? My sister seems to worry too much because she said that her auto insurance can be cancelled because of her DWI charge here in Anchorage, Alaska especially that she’s still within the binding period.

Vince

Anchorage, AK

Your sister has all the reasons why she has to worry about her auto insurance. Every one of us does not want to hear that our policy has already been cancelled. Finding that our auto insurance company has decided to cancel out our auto insurance policy is no picnic. Having a cancellation of auto insurance policy can have an inconvenient insurance future.

Any auto insurance company has the right to cancel your sister’s auto insurance policy at any time and for any reason during the “binding period.” The “binding period” would be the time frame after her application in which the auto insurance company determines her risk and this is typically 60 days. If an auto insurance company cancels your sister’s policy, that could mean that it has found a blemish on either her driving record or credit record that makes you an unacceptable risk. In her case now, that would be because of her DWI charge in Anchorage, Alaska. But she can still be able to get a better deal for her auto insurance. You can advise her to check out her options and tell her she can get an online rate quote from this website.

Tags: auto insurance, auto insurance quotes, DWI, DWI insurance

Reader’s Question:

I know that I can be charged with DWI here in Anchorage, Alaska 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).

Tags: blood alcohol content, DUI, DUI lawyer

Reader’s Question:

I would to know if my auto insurance rate will rise if I add my father which has a DUI conviction? We live in the same house in Anchorage, Alaska.

Dan

Anchorage, AK

It is possible that your car insurance rates in Anchorage, Alaska may go up after you add your father to your car insurance policy. Even considering the fact that each of you have your own auto insurance policy, the insurance carrier will take into account all of the drivers/motorist , so in this case, you and your father, and their individual driving record on these car insurance policies separately. Most insurance carriers base the auto insurance rates on the driver who develops the highest car insurance rate premium. Usually this is the younger drivers. Since your father has a serious offense and that might cause your car insurance premiums to go up as a result.

You may speak with your insurance carrier to know for certain how much the increase will be if you add your father with a DUI in your car insurance policy.

Tags: auto insurance, car insurance cost, car insurance rate, drunk driving insurance, DUI

Reader’s Question:

I haven’t been arrested for DWI in Anchorage, Alaska because even though I drive after having some alcohol, I take a lot of care in driving. But in case I get stopped, do I have to take a breath test or any other chemical test or doing so will be a mistake?

Lane

Anchorage, AK

The answer to both your questions would be “yes” and “no,” depending on the circumstances. Unless there is an accident, the police officer could not force you to submit to a breath, blood or urine test. But the State of Alaska has an “implied consent law” which states that as a condition of being given the privilege to drive in the State or upon obtaining your driver’s license, you are required to take a chemical test if there is a reasonable belief that you are violating the alcohols laws.

Thus, if you refuse to take any chemical test if you get arrested for DWI in Anchorage, Alaska, you will generally lose your driving privileges for one year. The prosecutor would have to prove the DWI case without the use of any chemical evidence. This obviously would be an advantage for you as a defendant. But you would be faced with the probable loss of your driving privileges for one year.

Tags: breath test, drunk driving laws, DWI, DWI lawyer

Reader’s Question:

My friend has been found guilty and was sentenced for DWI here in Anchorage, Alaska. How many days does he have to appeal his conviction and who will hear it?

Reggie

Anchorage, AK

Your friend has twenty days to appeal his DWI conviction in Anchorage, Alaska to a higher court. His appeal will be heard by one Superior Court Judge who will rule in the DWI charge by reviewing the Trial Transcripts and written evidence presented to the lower court and at this point, no new evidence is presented. The court could not impose a more severe sentence than that imposed by the Municipal Court Judge. If your friend will be convicted again, he has forty five days to appeal to the Appellate Division which is a multi-Judge panel.

Once your friend has already filed an appeal, the process will begin for a formal change to the judge’s official decision. At this point, the Superior Court Judge will examine the record of evidence presented in the trial court and the law that the lower court applied and decides whether that decision was legally sound or not. The higher court would normally be deferential to the lower court’s findings of fact, unless clearly erroneous, and so would focus on the court’s application of the law to those facts.

Tags: drunk driving laws, DWI, DWI conviction, DWI lawyer, DWI trial

Reader’s Question:

I have a DUI charge here in Anchorage, Alaska and I am finding reasons to fight my case because I think that it’s gonna be over if I just plead guilty. Will I have any legal and emotional reasons to fight my case?

Elise

Anchorage, AK

Of course you do, you definitely have legal and emotional reasons to fight your DUI case in Anchorage, Alaska. One aspect of your DUI case that you and your DUI lawyer would have to look into is the DUI traffic stop. The prosecution has to prove that the DUI stop was legal in the first place. The DUI lawyer could also have an independent testing of the blood sample that was drawn when you were arrested. The blood sample could also probably be clotted or fermented that produced a false high blood alcohol content (BAC) reading.

The emotional reasons to fight your DUI case could also be significant. Just like any boxer would tell you, it would be better to go down swinging that to back down from the fight. Shrinking from the battle, be it may in the courtroom or elsewhere in life, could bring emotional wounds that are far more hurtful than anything the judge could for you. Sometimes, it would be important to fight, just so you know you have done everything in your power to help the situation. Not to fight your DUI case would carry emotional baggage for a lifetime.

Tags: blood alcohol content, DUI, DUI arrest, DUI lawyer

Reader’s Question:

I got a DWI charge here in Anchorage, Alaska after I failed several physical and chemicals tests done on me. What can a lawyer do for me to challenge the tests I did when I was arrested?

Henry

Anchorage, AK

Just because you failed the different tests administered on you when you got arrested for DWI in Anchorage, Alaska, it does not mean that a DWI conviction is 100% sure to follow. Field sobriety tests, for example are not sure science and more importantly, if you failed these tests, they are not a clear indication that you were under the influence or intoxicated at the time of driving. An experienced DWI lawyer could surely challenge if the tests are administered properly and could even go back to the location of the arrest to make sure that the tests are done in a suitable location.

Another challenge that could be brought up is with regard to the breath test machine. A good DWI lawyer could definitely challenge if the breath test machine that was used to administer your breath test was working properly. The results of these different tests could mean the difference between a reckless driving charge and a DWI charge. A good DWI lawyer would investigate every aspect of the tests that are administered on you to make sure that you get fair results that you deserve and help you find a way to keep your driver’s license.

Tags: breath test, DWI, DWI lawyer, field sobriety tests

Reader’s Question:

How can a person be stopped for DWI in Anchorage, Alaska. I mean, what are the usual signs or reasons for a police officer to ask a person to pull over?

Jack

Anchorage, AK

In Anchorage, Alaska, before a police officer ask a person to pull over for DWI or driving while intoxicated, the officer should have a probable cause or a reasonable suspicion for the DWI stop. In other words, the DWI stop should be legal and there should be sufficient evidence for an officer to initiate the DWI stop. A police officer could have suspicion that a driver is intoxicated if he sees some signs such as: the driver is swerving, weaving, disobeying traffic signs, speeding, going into the wrong lanes or driving too slow. If the police officer notices that the driver is exhibiting any of these behaviors, the officer would most likely make a DWI traffic stop.

Once the driver is stopped for suspected DWI, the officer would examine the driver for signs of intoxication such as: slurred speech, inability to follow directions, blood shot eyes, incoherent speech and flushed cheeks. If any of these physical signs of intoxication is present, the officer would observe the driver for a few minutes and most likely ask the driver to do some field sobriety tests or take breath or blood test to measure the blood alcohol content of the driver.

Tags: blood alcohol content, DWI, DWI arrest, DWI lawyer, field sobriety tests

Reader’s Question:

My sister was charged with DWI here in Anchorage, 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.

Tags: DWI, DWI arrest, DWI lawyer