Fighting A DUI Charge in Alaska
Reader’s Question:
I have a DUI charge here in Anchorage, Alaska and I am finding reasons to fight my case because I think that it’s gonna be over if I just plead guilty. Will I have any legal and emotional reasons to fight my case?
Elise
Anchorage, AK
Of course you do, you definitely have legal and emotional reasons to fight your DUI case in Alaska. One aspect of your DUI case that you and your DUI lawyer would have to look into is the DUI traffic stop. The prosecution has to prove that the DUI stop was legal in the first place. The DUI lawyer could also have an independent testing of the blood sample that was drawn when you were arrested. The blood sample could also probably be clotted or fermented that produced a false high blood alcohol content (BAC) reading.
The emotional reasons to fight your DUI case could also be significant. Just like any boxer would tell you, it would be better to go down swinging that to back down from the fight. Shrinking from the battle, be it may in the courtroom or elsewhere in life, could bring emotional wounds that are far more hurtful than anything the judge could for you. Sometimes, it would be important to fight, just so you know you have done everything in your power to help the situation. Not to fight your DUI case would carry emotional baggage for a lifetime.
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.
How Reliable Are Alaska DUI Breath Tests
Reader’s Question:
I have heard a lot of stories questioning the reliability of a breath test in a DUI case. If I will be arrested for DUI in Alaska, how can the result of the breath test be excluded as evidence in a DUI case?
Brooke
Anchorage, AK
The use of the breath testing machines to obtain the blood alcohol content of a driver arrested for DUI has been widely criticized since law enforcement has employed the device in an effort to seek convictions for those suspected of DUI. Rationally, many safety standards have been put into place in order to attempt to minimize the number of innocent persons being convicted for DUI. So if you would be arrested for DUI in Alaska, there would be countless reasons that the court could rule to exclude ‘breath test evidence.’
It could be a ground for suppression of evidence if the breath test machine has not been calibrated because it needs to be regularly maintained and serviced to ensure accurate results. The breath test result could also be excluded if the police officer failed to observe the driver for a period of 20 minutes prior to administering the breath test. It would also constitute as a failure of legal procedure if the technician who performed the test is not properly certified and is not current with his/her educational requirements, thus breath test results should be excluded from the state’s evidence.
Need an Anchorage Alaska DUI Attorney?
Reader’s Question:
After being arrested for DUI in Anchorage, Alaska, the ultimate things that I am afraid of are going to jail and losing my license. How can a DUI attorney help me in saving my license and freedom?
Aydin
Anchorage, AK
It’s totally understandable that you are afraid of going to jail and losing your driver’s license after being arrested for DUI in Anchorage, Alaska. There is a good chance that a DUI attorney could help you with that. There are at least 20 possible defenses that can be made to the DUI charges you face. Your DUI attorney would raise applicable defenses for you so that your DUI case is as strong as possible.
The ultimate choice is to fight your DUI case because the ultimate goal of a DUI attorney is getting you off, keeping your record clean and preventing you from losing your freedom and your license to drive. At the very least, a DUI attorney would make sure that you will be treated fairly. Remember that the District Attorney prosecutes criminal cases, including DUI cases, all day. He knows all the fine legal points that can be used against you. But the DA also has to show that the police officer made the arrest properly, that you were properly advised of your rights, that the equipment he used to test you was working accurately and that the person operating that equipment was certified to operate it. A DUI attorney can get information which may prove you innocent.
DUI Charge – Alaska DUI Pre-Trial Conference
Reader’s Question:
I already had the arraignment for my DUI charge and I am waiting for my pretrial conference. I wanna know what usually happens at a DUI pretrial conference?
Zain
Anchorage, AK
During a DUI pretrial conference for your DUI case in Anchorage, Alaska, you and your DUI lawyer would meet with the prosecutor and discuss your charges. The District Attorney or the prosecutor would offer a deal to plead to the DUI charges.
If your DUI lawyer could negotiate a deal that is fair and agreeable to you, then you might agree to the deal and plead guilty of your DUI charge. If you want to fight the DUI case, which is what I highly recommend you to do, your DUI lawyer would file motions for discovery, possibly set a date for a motion to suppress hearing, or determine other court dates as required. Moreover, if you are fighting the DUI case, you might want to talk to your DUI lawyer to give him/her the detailed facts on your DUI case. Your DUI lawyer could also visit the site of the spot where the officer pulled you over. In this way, he/she can investigate any irregularities about the police procedures, and analyze exactly how you should argue that you are not guilty.
Tags: drunk driving laws, DUI, DUI lawyer
Anchorage Alaska DUI Lawyer
Reader’s Question:
My cousin here in Anchorage, Alaska has just been charged with DUI. The family decided that we will get a lawyer to defend him on his DUI case? Will we be able to speak to a lawyer outright if we contact a law firm?
Lia
Anchorage, AK
Generally, lawyers will not be able to be the person that you can reach if you contact a law firm to defend your cousin his DUI case in Anchorage, Alaska. Except of course, if there is an emergency situation, like if the person is in jail. The highly trained staff members of the law firm answer almost all questions. They usually make effort to let you talk to a lawyer you call in if an immediate need exists. The reason behind that is because lawyers are in court almost every day with previously scheduled client interviews.
Most law firms offer free initial consultation to every person charged with a crime, including DUI charges, who sets an appointment to talk to a lawyer. If your cousin gets to talk to lawyer about his DUI case, make sure that he appears on time and bring all of the paperwork with him. When he comes in for his free consultation, he will be told the favorable and unfavorable aspects of his DUI case and how the lawyer would approach handling his case, based on the knowledge they have in front of them at the time of the consultation. Your cousin is also not obligated to hire the lawyer merely because he has a free initial appointment.
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.
Which Anchorage Alaska DUI Lawyer Should You Hire?
Reader’s Question:
My daughter was arrested for DUI in Anchorage, Alaska and we were told that it is very important for us to hire the services of a DUI lawyer. Why can’t we just get any lawyer?
Van
Anchorage, AK
If your daughter has been arrested for DUI in Anchorage, Alaska, it is imperative that you hire a DUI lawyer to represent your daughter on her DUI case. You should hire an Alaska DUI & Criminal Defense lawyer that focuses his practice on defending those accused of a DUI. This kind of lawyer spends hundreds of hours perfecting the defense of those accused of DUI. Most of them have read all relevant publications, including hundreds of DUI and Criminal Defense Blogs from all over the country. They also regularly attend legal education seminars devoted to DUI defense.
A lawyer who focuses his attention on DUI cases only knows expert witnesses and understands the in’s and out’s of DUI cases to best help your daughter on her defense. The law is way too complicated these days for a lawyer to be a jack-of-all-trades. When your daughter’s reputation, money, job, or freedom is on the line, she needs a lawyer that makes Alaska DUI & Criminal Defense his priority.