DWI Arrest – Do I Have To Take The Breath Test in Alaska?
Reader’s Question:
I haven’t been arrested for DWI in 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 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.
DWI Traffic Stop in Alaska
Reader’s Question:
How can a person be stopped for DWI in 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 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.
DWI Legal Definition Alaska
Reader’s Question:
A lot has been said about DWI 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 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.
Who is the Best DUI Lawyer In Alaska?
Reader’s Question:
My sister was charged with DUI here in Alaska. She is thinking twice as to getting a lawyer or not. A friend said that she can go without a lawyer. How important is having a lawyer to represent her in cases such as this?
Lindsay
Anchorage, AK
For the obvious fact that your sister could either actually be innocent of the DUI charges, or even if she was in fact guilty, she may want to have a very good lawyer representing her no matter what DUI-related charge she is facing right now. A good Alaska DUI lawyer could have the DUI charges against her dismissed by finding flaws in police procedure and handling of the evidence, or also by finding contamination in the breath or blood tests taken. There are many factors that could affect the results of breath or blood test.
A good Alaska DUI lawyer on your sister’s side would give her the best chance at showing reasonable doubt. A good DUI lawyer would also be aware of the many potential strategies, tactics and defenses that can be used. You have to remember that your sister must be found guilty of the DUI-related offense beyond a reasonable doubt for her to be convicted.
You have to keep in mind as well that if your sister will be convicted of her DUI charge in Alaska, there are a lot of aspects in her life that will be affected. So, going in a battle in court for a DUI charge alone is not a good idea at all.