I was surprised that the police officer immediately confiscated my driver’s license after I was arrested for DUI in Alaska. Isn’t that they have to prove that I was guilty first before they punish me, so how can they do that if I was presumed to be innocent?

Maiya

Anchorage, AK

Unfortunately, that should always be the case in a DUI arrest in Anchorage, Alaska. The Department of Motor Vehicles is actually required by law to immediately suspend the driver’s license of anyone arrested for DUI who has a .08% blood alcohol content, takes a blood or urine test that will be analyzed later or refuses to take any test. The driver’s license is taken on the spot and the DUI suspension is legally effective the moment the police officer signs the notice and hands it to you.

If we view it in another way, the police officer in a drunk driving case is constable, prosecutor, judge, jury and executioner and anyone has absolutely no rights. As a matter of fact, if you took a blood or urine test, they don’t even wait for the results (which will come back from the lab days later). Not only they presume you guilty, they also presume that the evidence will eventually show it.

A friend of mine has a DUI conviction here in Alaska and he is getting ready to get his license back. How can he be able to restore his driving privileges?

Blair

Anchorage, AK

Since your friend has a DUI conviction in Alaska, the state has revoked his license or privilege to drive. His driving record shows that Alaska has taken some actions against his license. Because of that, he has to take some steps in reinstating his driver’s license.

To get his driver’s license back, he needs to apply for a new license at a Division of Motor Vehicles office. He has to pass the vision and written tests and he may need a road test as well. He also has to pay the necessary reinstatement and license fees. SR22 form is also needed as a proof of insurance. If he doesn’t have SR22 insurance yet, he can get an online quote for SR22 insurance in Alaska from this website. He would also have to present proof of birth and identity. In most DUI convictions, he might have to contact a local Alcohol Safety Action Program (ASAP). He may need a proof of completion of an approved treatment program from ASAP.