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.
Getting Auto Insurance After a DUI Conviction
Reader’s Question:
I was convicted with DUI and it would still seem fortunate enough that I was able to avoid being in jail. What concerns me now is my car insurance. What will happen to my car insurance after my DUI conviction?
William
Anchorage, AK
In general, there are actually two ways insurance companies deal with customers convicted of DUI. First is that your insurance company will likely raise your car insurance premiums and label you a high-risk driver if it finds out you have been convicted of DUI in Alaska. Second is that your insurance company may cancel your insurance mid-term or terminate the policy at the end of the term because of your DUI conviction, especially if you are currently in a preferred class. Your insurance company would send you a notice stating why you have been cancelled, and then you would have to find another insurance company while having a cancellation on your claims history and a DUI on your driving record.
In Alaska, you will be required to file an SR22 so that you can have your driver’s license back. Your insurance company would have to provide SR22 form to Department of Motor Vehicles (DMV). This would serve as a proof of your insurance. You should carry the SR22 for three years after the last day of your driver’s license revocation.