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Possible Alaska DUI Defenses

Reader’s Question:

My son has been arrested for DUI in Alaska and we feel like he has a big chance of winning his case. Nonetheless, we still want to know the possible defenses that he can use on his case. What are the attacks that we can use to help my son on his DUI case?

Addison

Anchorage, AK

Although not every possible DUI attack is applicable on every case, there are many DUI defenses that you can use to help your son defend his DUI case. First is that if the police officer lacked probable cause to stop your son. In Alaska, and anywhere in the US, police officers cannot pull you because they feel like it. An officer who initiated a traffic stop must have a lawful reason to pull you over. If the officer lacked a lawful reason to pull your son over, any evidence gathered after the stop may be suppressed. In this case your son would be entitled to an evidentiary hearing to see if the information should be suppressed.

Another thing is if the officer lacked probable cause to arrest your son. An officer can only arrest a person only if probable cause exists to believe a crime was committed. In your son’s DUI case, the evidence gathered by the officer must support the officer’s belief that your son has been operating his vehicle under the influence of an intoxicant. This probable cause will be formed based generally on the observations of the officer. Bloodshot eyes, performance of roadside tests, preliminary breath tests and smell of intoxicants can all be a basis for probable cause to arrest.