Help I Have Been Charged With Drunk Driving in Alaska
Reader’s Question:
I know that I can be charged with DWI if I am drunk driving with a blood alcohol level of .08%. But is it true that I can also be charged with DWI if my blood alcohol is lower than that? If so, how can a DWI case be prosecuted and in case I am charged with DWI, what’s the first thing that I would have to do?
Jair
Anchorage, AK
Yes, it is true, Jair, you can be charged with DWI if you are caught drunk driving in Anchorage, Alaska with a blood alcohol content (BAC) even below 0.08%. There are two theories of DWI cases in the state of Alaska that a person can be prosecuted with. The first one would be the violation of the “per se” law by driving with a BAC of .08% or higher and the other one is by driving while impaired. For the purposes of Alaska’s DWI laws, impairment could be proved by field sobriety test performance, chemical test results and driving patterns.
If in case you are charged with DWI, the very first thing that you would have to do is to hire a skilled DWI defense lawyer. This kind of lawyer would know how to deal with each type of evidence in a drunk driving case in the state of Alaska. An experienced DWI defense lawyer could walk you through and help you in every stage of your DWI case. Moreover, he/she could go with you and defend you not just on your DWI trial in court, but he/she could also represent you in your administrative case with the Department of Motor Vehicles (DMV).
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.