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 – 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.
DWI Penalties in Alaska
Reader’s Question:
My brother needs to be prepared of what’s going to happen after being arrested for DWI in Alaska. What are the penalties that he could have if he gets convicted and how does the hearing with the DMV work?
April
Anchorage, AK
After your brother’s DWI arrest in Alaska, it would potentially spark two separate cases. The first one is the DWI criminal offense which is the case that would determine how much he would pay for the crime, including possible jail time. He would also face an administrative hearing with the Department of Motor Vehicles (DMV) if he refused to take the blood alcohol test or if the test showed that he was intoxicated. This hearing would decide if he can continue to drive in the state of Alaska. He definitely has the right to plead his case at this hearing, but he should request the hearing within seven days of his arrest or he would automatically lose his license. The hearing would also give him a chance to set forth evidence that might lessen his license suspension time.
Since this is your brother’s first DWI offense, if he will be convicted, he can expect to have punishments which include fines of $250 to $5,000, alcohol education and treatment that cost $20 to $150, community service of 24 hours and 72 hours to one year of jail time.
DWI Blood Alcohol Tests in Alaska
Reader’s Question:
I heard that here in Alaska, blood alcohol test is the most common method used for measuring blood alcohol content. What problems or risks could someone have from having a blood sample taken for blood alcohol testing?
Mark
Anchorage, AK
In Alaska, blood alcohol testing may be the most commonly used method for measuring the blood alcohol content for someone who is suspected for DWI. In the state of Alaska, the legal definition of intoxication would be reaching the point when the blood alcohol content is at or exceeds 0.08%.
There could be a very little chance of a problem from having blood sample taken from a vein. One is that a person may get a small bruise at the site. It could have a lower chance of bruising by keeping pressure on the site for several minutes. In very rare cases, the vein could become swollen after the blood sample is taken. This kind of problem is called phlebitis wherein symptoms include pain or burning along the length of the vein, redness or swelling. To treat this, a warm compress could be used several times a day. Ongoing bleeding could also be a problem for people with bleeding disorders. Warfarin (Coumadin), aspirin and other blood-thinning medicines could make bleeding more likely. If someone has bleeding or clotting problems or takes blood-thinning medicine, he/she should tell the doctor before blood sample is taken.