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.
Getting Your Drivers License Back After Alaska DUI Conviction
Reader’s Question:
A friend of mine has a DUI conviction here in Alaska and he is getting ready to get his license back. How can he be able to restore his driving privileges?
Blair
Anchorage, AK
Since your friend has a DUI conviction in Alaska, the state has revoked his license or privilege to drive. His driving record shows that Alaska has taken some actions against his license. Because of that, he has to take some steps in reinstating his driver’s license.
To get his driver’s license back, he needs to apply for a new license at a Division of Motor Vehicles office. He has to pass the vision and written tests and he may need a road test as well. He also has to pay the necessary reinstatement and license fees. SR22 form is also needed as a proof of insurance. If he doesn’t have SR22 insurance yet, he can get an online quote for SR22 insurance in Alaska from this website. He would also have to present proof of birth and identity. In most DUI convictions, he might have to contact a local Alcohol Safety Action Program (ASAP). He may need a proof of completion of an approved treatment program from ASAP.