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