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.
How Reliable Are Alaska DUI Breath Tests
Reader’s Question:
I have heard a lot of stories questioning the reliability of a breath test in a DUI case. If I will be arrested for DUI in Alaska, how can the result of the breath test be excluded as evidence in a DUI case?
Brooke
Anchorage, AK
The use of the breath testing machines to obtain the blood alcohol content of a driver arrested for DUI has been widely criticized since law enforcement has employed the device in an effort to seek convictions for those suspected of DUI. Rationally, many safety standards have been put into place in order to attempt to minimize the number of innocent persons being convicted for DUI. So if you would be arrested for DUI in Alaska, there would be countless reasons that the court could rule to exclude ‘breath test evidence.’
It could be a ground for suppression of evidence if the breath test machine has not been calibrated because it needs to be regularly maintained and serviced to ensure accurate results. The breath test result could also be excluded if the police officer failed to observe the driver for a period of 20 minutes prior to administering the breath test. It would also constitute as a failure of legal procedure if the technician who performed the test is not properly certified and is not current with his/her educational requirements, thus breath test results should be excluded from the state’s evidence.