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.
Does a Blood Alcohol Breath Test Work?
Reader’s Question:
What is the reliability of the breath test in Alaska?
George
Anchorage, AK
There is much debate on the breathalyzer in Alaska. Believers say that the breathalyzer will only read light absorbed by alcohol, while opponents state the machine often misreads other normally found substances in the breath as alcohol, thus giving an inaccurate high reading.
Neither the Department of Public Safety of Bryan nor the manufacturer of the machine will let anyone else other than the law enforcement to test the machine for its accuracy and reliability. It is normally understood that for a procedure to be accepted as accurate and reliable in science, it must be open and available for the scientists to test and retest the procedure. This is not permitted with this machine.
The maker of the machine does not give any warranty of the breathalyzer. It also does not give any warranty for the accuracy and reliability of breath testing. The breathalyzer is able to preserve breath samples, but the department of public safety does not preserve these samples. The cost of preserving breath samples is cheap and would allow arrested persons the opportunity to have their breath samples checked for accuracy. If found to be inaccurate, this could prevent an innocent person from being unfairly convicted. Additional re-testing of the breath sample could be done by a method known as gas chromatography. This method is more accurate and reliable method of testing breath samples for alcohol than the breathalyzer.