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 Arrest in Alaska?
Reader’s Question:
My sister was charged with DWI here in Alaska and she told me that the officer never read the Miranda Rights to her. If this is the case, could her DWI case be thrown out?
Jake
Anchorage, AK
In most instances, no, the DWI case of your sister in Anchorage, Alaska could not be thrown out if she was never read her Miranda Rights. The Miranda rights should only be told if she was already under arrest. Any incriminating statements she made while being interrogated prior to being placed under arrest for DWI are admissible in court. But if the police officer asked her questions after she was arrested but before she was advised of her Miranda Rights, any statement she made then would be suppressed at the DWI trial. If the prosecution’s DWI case rests solely on this suppressed statement, then your sister’s DWI case would most likely be dismissed. But in most instances, the prosecution relies on evidence other than the incriminating statement.
Sometimes, it would be difficult to know when a person is under arrest. Under Alaska law, if a reasonable person would believe he/she was under arrest, then an arrest has occurred. But a judge would ultimately make this determination and your sister should tell her DWI lawyer of all the facts surrounding her DWI case so that it could assist the DWI lawyer on advising your sister.
DWI Penalties in Alaska
Reader’s Question:
My brother needs to be prepared of what’s going to happen after being arrested for DWI in Alaska. What are the penalties that he could have if he gets convicted and how does the hearing with the DMV work?
April
Anchorage, AK
After your brother’s DWI arrest in Alaska, it would potentially spark two separate cases. The first one is the DWI criminal offense which is the case that would determine how much he would pay for the crime, including possible jail time. He would also face an administrative hearing with the Department of Motor Vehicles (DMV) if he refused to take the blood alcohol test or if the test showed that he was intoxicated. This hearing would decide if he can continue to drive in the state of Alaska. He definitely has the right to plead his case at this hearing, but he should request the hearing within seven days of his arrest or he would automatically lose his license. The hearing would also give him a chance to set forth evidence that might lessen his license suspension time.
Since this is your brother’s first DWI offense, if he will be convicted, he can expect to have punishments which include fines of $250 to $5,000, alcohol education and treatment that cost $20 to $150, community service of 24 hours and 72 hours to one year of jail time.
Alaska DWI Arrest
Reader’s Question:
Driving home late last Saturday night, I was stopped for DWI by a police officer here in Anchorage, Alaska. He asked me to step out of the car and was requested to take a breathalyzer test and some field sobriety tests. I was then taken to the police station and charged with DWI. My breathalyzer result was just a little over the legal limit of .08. Is there a way for me to escape conviction?
Courtney
Anchorage, Alaska
We all know the seriousness of a DWI case and how it affects not only your insurance but you as an individual. It’s not surprising that many people feel helpless when facing a DWI charge because a majority of DWI-related arrests do lead to a subsequent conviction in court.
However, with so many laws requiring DWI suspects to submit to test after test, and wide use of breathalyzer devices despite fierce ongoing controversy over its reliability, impossible as it may seem, you’re not that helpless after all.
Every state, with the exception of Massachusetts, considers a DWI offense as a crime. DWI is usually defined as having a blood/alcohol level that is either above or at a predetermined level, normally 0.10. Some states set the legal limit lower; most of these are at 0.08 percent.
If a solid justification to pull you over is not presented by the police officer to the courts, your DWI case in Anchorage, Alaska will most likely be dismissed. If the initial arrest was made without probable cause, prosecutors cannot obtain a conviction. The standard probable cause means that, in order to pull you over, a police officer must have a reasonable belief that you have or are committing a crime (driving while intoxicated). This is a violation of your Constitutional rights and it immediately voids any evidence against you resulting from the arrest. So, it is important that you note the following details during the arrest:
- The place where you’re going
- The level of your own level of intoxication (if any)
- The reason given to you by the police officer why you’re stopped
-The things you’re asked to do by the police officer