DUI Police Mistakes

Reader’s Question:

I often wonder how police officers in Alaska work, especially in a DUI arrest. Does police officer also make mistakes during a DUI stop?

Frida

Anchorage, AK

The straight answer would be yes, police officers also make mistakes during a DUI stop or investigation. They actually have this “Training Manual” of rules that they should follow when they conduct field sobriety tests. Some DUI lawyers study this manual so they would know exactly what questions to ask the police officers to see if he completely followed the manual’s directions. This could be powerful evidence in a DUI case that is frequently overlooked by defense lawyers.

If the manual’s directions were not completely followed by the arresting officer, the validity of the tests can be attacked. A successful challenge often results in the exclusion of the test evidence at trial; and this would significantly weaken the prosecutor’s DUI case. There have already been reports that police officers do things inconsistent with the manual’s material and these have been found in extremely large number of DUI cases. Police officers also don’t always use objective scoring as explained in the manual. More often than not, officers just simply subjectively decide whether or not a person failed the tests.

Alaska DUI Drivers License Suspension?

Reader’s Question:

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.

Wrongful Alaska DUI Arrest?

Reader’s Question:

It can be alarming that other illnesses can actually get an individual arrested for DUI in Alaska. This is because a close friend of mine told me a story about his father driving and was arrested for DUI but he wasn’t actually driving under any intoxicated substance. What medical conditions can place a person at high-risk for wrongfully being arrested for DUI?

Stewart

Anchorage, AK

I have also heard several cases in Anchorage, Alaska that a person’s medical conditions can be associated with the symptoms of being intoxicated, and thus can get him/her arrested for DUI. Illnesses can be reasons why a person can have bloodshot or watery eyes or bad balance or poor coordination.

Often times, some drivers fear talking back to police officers. Some of them have been arrested and prosecuted when having ailments which remained undiagnosed, never knowing that a medical condition, and not alcohol or drug impairment, caused their intoxicated appearance and poor performance when taking DUI field sobriety tests (FST).

Even when not detecting the use of alcohol, police officers are actually permitted to arrest drivers when seeing traits or behaviors which they associate with DUI, such as a reddened face, watery eyes or other traits which could result from medical ailments. Medical conditions such as anxiety, anemia, ear infections, diabetes, carpal tunnel syndrome, fibrositis, acne, bell’s palsy, gout or even common cold can often mimic the side effects of alcohol or drug use.

Alaska DUI Arrest and DNA Collection

Reader’s Question:

I was just recently arrested and charged with DUI here in Anchorage, Alaska. The arresting officer collected a DNA sample after I was arrested. Why does he have to do that? I need some clarifications.

Claire
Anchorage, AK

A sweeping crime bill addressing DUI in Alaska, the collection of DNA samples for those arrested for felonies in the state, and other issues has passed the state House and Senate. This would make it harder for someone convicted with DUI and those who were ordered not to consume alcohol as part of the DUI sentencing because they would have their state ID cards or driver’s license stamped. Any person convicted with Alaska DUI would have these forms of identification specially marked so that places distributing or selling alcohol know that they are prohibited from consuming alcohol under the terms of their probation or parole.

A local news report in Anchorage, Alaska detailed how this new bill initially dealt with bail hearing before penetrating into other areas of the law. This new crime bill would actually institute a DNA clause which allows law enforcement officials to collect DNA samples from adults arrested on felony charges or even for a misdemeanor.