Failed DUI Test? Challenging DWI Tests in Alaska
Reader’s Question:
I got a DWI charge in Alaska after I failed several physical and chemicals tests done on me. What can a lawyer do for me to challenge the tests I did when I was arrested?
Henry
Anchorage, AK
Just because you failed the different tests administered on you when you got arrested for DWI in Alaska, it does not mean that a DWI conviction is 100% sure to follow. Field sobriety tests, for example are not sure science and more importantly, if you failed these tests, they are not a clear indication that you were under the influence or intoxicated at the time of driving. An experienced DWI lawyer could surely challenge if the tests are administered properly and could even go back to the location of the arrest to make sure that the tests are done in a suitable location.
Another challenge that could be brought up is with regard to the breath test machine. A good DWI lawyer could definitely challenge if the breath test machine that was used to administer your breath test was working properly. The results of these different tests could mean the difference between a reckless driving charge and a DWI charge. A good DWI lawyer would investigate every aspect of the tests that are administered on you to make sure that you get fair results that you deserve and help you find a way to keep your driver’s license.
DWI Traffic Stop in Alaska
Reader’s Question:
How can a person be stopped for DWI in Alaska. I mean, what are the usual signs or reasons for a police officer to ask a person to pull over?
Jack
Anchorage, AK
In Alaska, before a police officer ask a person to pull over for DWI or driving while intoxicated, the officer should have a probable cause or a reasonable suspicion for the DWI stop. In other words, the DWI stop should be legal and there should be sufficient evidence for an officer to initiate the DWI stop. A police officer could have suspicion that a driver is intoxicated if he sees some signs such as: the driver is swerving, weaving, disobeying traffic signs, speeding, going into the wrong lanes or driving too slow. If the police officer notices that the driver is exhibiting any of these behaviors, the officer would most likely make a DWI traffic stop.
Once the driver is stopped for suspected DWI, the officer would examine the driver for signs of intoxication such as: slurred speech, inability to follow directions, blood shot eyes, incoherent speech and flushed cheeks. If any of these physical signs of intoxication is present, the officer would observe the driver for a few minutes and most likely ask the driver to do some field sobriety tests or take breath or blood test to measure the blood alcohol content of the driver.
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 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