Alaska Drunk Driving Defense Attorneys

1. Spaulding Law: DUI/DWI Being accused of drunk driving is an often scary and frustrating proposition. If you are accused of driving under the influence, there are many factors to take into consideration that will impact the strength of your case. Among these are whether or not there was an accident, injuries, the weather, if there is a breath test or other field sobriety tests. In a prosecution of driving under the influence, the State will have to establish beyond a reasonable doubt all the elements of the offense. This may be a blood alcohol level in excess of .08, or impairment of your abilities to drive, and of course, that you were operating a vehicle. These elements are not always obvious, or easy to determine, particularly if police procedures are not followed, arresting officers were taking shortcuts, or there are problems with the instruments used to measure alcohol. Think about it for a prosecutorÕs position for a moment. If you had to prove someone was intoxicated, how would you do it? Perhaps you would administer balance tests or counting tests? Or maybe you would observe physical characteristics of impairment such as watery eyes or slurred speech. Is it any coincidence that this is precisely what prosecutors do? The fact is that many of the balance tests are hard to pass when stone sober, and more importantly, a subjective person evaluates these tests, usually the same person making the arrest. Physical observations may have innocent explanations. A good defense attorney will evaluate all the evidence against you; determine the strengths and weaknesses of that evidence and whether the authorities followed the law. If they didnÕt, that attorney will do something about it. Allegations of Drunk Driving are much more complicated than they may seem. Any one of a thousand different things could go wrong with an investigation that could impact the StateÕs case against you. That is why it is essential to hire an attorney that can find the strengths and weaknesses of the case and help you come to an optimal resolution.
2. Bauer, Leigh: Getting Pulled Over: You look in your rearview mirror and see what all of us dread, a police officer is motioning to pull you over. You do what any responsible citizen would do and pull over. ÊThe officer runs your plates, and approaches the driver's side window to make contact with you. Because it is late in the evening, the officer wants to rule out that you may have been drinking at a bar, so asks you, "have you been drinking?" ÊÊIf you answer the usual, "a beer or two" you have just opened the door for the officer to perform field sobriety tests on you. At this point, the officer suspects that you may be driving while intoxicated. The officer will probably ask you questions about where you have been, when you last consumed alcohol, and if you feel that the alcohol impaired your driving. Are you going to answer these questions? No. You have the absolute right to invoke your fifth amendment right against self-incrimination. Any admissions made by you about your drinking activity will be used against you in court as an admission. The Breath Testing Procedure: If you have been arrested for suspicion of driving while intoxicated, you will be taken down to a substation for breath test processing. ÊThe officer will ask if you are willing to submit to a breath test. What should you do in this situation? ÊWhen you obtain your driver's license, you sign a statement that is called "an Implied Consent Form" that allows the State to obtain a sample of your breath if you are arrested for driving while intoxicated in the State of Alaska. You should provide the operator/officer with a breath sample.ÊThe failure to do so could result in a separate charge of Refusal, which carries the same penalties of Driving While Intoxicated.ÊIn other words, you could get hammered twice. The officer will ask you if you want to take an independent chemical test, and in our state, that would be a blood test. ÊShould you take the test?ÊThe answer is no.ÊYou should submit to the breath test, but decline to take the blood test.ÊAt the end of the breath testing process, the officer will read to you your Miranda warnings.ÊAfter he does, he will ask you a bunch of questions that are set up to incriminate you in a court of law. You should always invoke your Miranda rights and decline to answer any of the questions the officer asks you. Will it hurt your case by not answering the questions the officer asks you? No. You will not be prejudiced by invoking your 5th Amendment right against self incrimination. Will it hurt your case if you answer the questions any way? Almost always, the answer is yes. Equipment Failure: Have you ever driven a car that you knew had a broken headlight or taillight?ÊWhat about a badly cracked windshield? What if your turn signals don't work?ÊCan a police officer pull you over for an equipment violation? ÊYou bet they can. The officer pulls you over for a broken tail light, makes contact with the driver and asks if they have been drinking. In myÊ17 year career as a DUI defender, I estimate that approximately half of my cases are based not on bad driving, but from a basic equipment violation.ÊIf you choose to drive with an equipment violation, you are asking to be stopped by a police officer. ÊBefore you drive your car, check it out. Make sure that everything works, and if it doesn't, take the time to get your car fixed. It is much less expensive to make vehicle repairs than pay the penalties associated with a DUI conviction.
3. Wade, Kelly, Sullivan: handles all types of criminal cases,from minor infractions and misdemeanors to the most serious felony indictments, such as: drunk driving (DUI and DWI), drug possession, narcotics sales, theft and grand larceny, white collar crimes, embezzlement, sex offenses, arson, and conspiracy.
4. Dan Allan:

   If you are going to drink alcohol and /or consume prescription and/or non-prescription drugs, please do not drive, both for your safety and safety of your fellow citizens.

   If you drive, or are in actual physical possession, of a motor vehicle, please don't drink alcoholic beverages and/or consume prescription and/or non-prescription drugs.

   When driving a motor vehicle always observe the speed limit, stop signs and the other rules of the road.

   Prior to driving please verify that your motor vehicle is free of mechanical defects, such as obscure license plate(s), broken or cracked head or ta il lights, over tinted windows, etc.

   If you carefully observe and follow the three rules listed above it is extremely unlikely that you will atttract police attention and/or be legally stopped for a DUI investigation.

   As you may know it is not unlawful to drink alcoholic beveratges and drive, ut it is unlawful to drive if you're impaired by alcohol or drug consuption, or if the datamaster or other chemical test taken within four (4) hours after the alleged offense results in 0.08 grams or more of alcohol per 210 liters of the person's breath.

   Everyone is aware there are numerous bars, clubs, saloons and restuarants in Alask that serve alcoholic beverages, which establishments host large parking lots where citizens may park their vehicles while inside enjoying the food and/or beverages sold by the proprietor.  The large parking lots are open invitations to cutomers to drive in/out.

   In the unlikely event that you or one of your loved ones are stopped by police after leavig such an establishment (or other place where alcoholic beverages are served) it is suggested that you remain courteous and observe the following steps in dealing with the police.

   1. Provide your driver's license, proof of insurance and vehicle registration.
   2. Always invoke your RIGHT TO REMAIN SILENT, and do not make any statements and do not answer any questions relating to consuption of alcohol and/or drugs.  It will not help you to answer questions or talk to the police.
   3. DO NOT TAKE ANY SO-CALLED FIELD SOBRIETY TEST, (such as Horizontal Gaze Nystamus test, Walk-And-Turn, One-Leg Stand, Nose Touch, ABCs, Backwards Count, etc.) DO NOT TAKE APRELIMINARY BREATH TEST in the field.  The police often don't ask you, but order you to take these test.  There is no penalty for not taking so called Field Sobriety Tests, and it is a mere violation to refuse the preliminary breath tests.  These so-called test are unfair (and generally will not help you).
   4. If you are arrested and taken to a police sub-station, and are requested to blow into the DATAMASTER device, DO give a sample of your breath by blowing into the device.  It is a crime with penalties equal to and as devastating as a DUI CONVICTION.
   5. After submitting a sample of your breath DO NOT request an independent blood test and continue to remain silent.
   6. DO NOT CONSENT to a search of your person, vehicle or other property.

5. Karen Weimer: Delay getting legal help may damage your chance of a successful outcome in your case. It's especially important to deal with license issues promptly.
6. Claman Law Firm: ... you should know that moving violations can affect your right to drive and your insurance rates and coverage.
7. Josephson & Associates: The U.S. Supreme Court has generally interpreted the Fourth Amendment prohibition against "unreasonable searches and seizures" to impose a warrant requirement upon police officers who wish to perform a valid search or arrest. However, the Court has carved out some exceptions to the warrant requirement, which make certain "seizures" constitutionally permissible in the absence of a warrant. One exception that the Court has recognized is for investigative detentions based on less than probable cause. In 1968, the Court established a notable exception to the warrant requirement in Terry v. Ohio for investigative detentions based on less than probable cause (i.e., sufficient reason based on known facts to believe a crime has been committed).
8. Sidney Billingslea: Insurance companies will most likely raise the premiums of a driver convicted of DUI, depending on the driver's history with the company and the driver's claims record. In addition, an insurance company might cancel the policy of a driver convicted of DUI altogether (especially if the driver is in a preferred class). If the insurance company raises insurance premiums, it will label the convicted driver "high-risk" and the driver will be required to file proof of insurance for three to five years with the state DMV. If the insurance company cancels the policy, the driver will have a cancellation on their claims history, which can make it more difficult for the driver to find another insurer. In some states, insurance companies are even allowed to cancel insurance in the middle of the policy term for customers convicted of DUI.
9. Robert Herz: Many states have "enhanced penalty BAC level" laws that impose harsher penalties for drivers with BAC levels at or above the state's enhanced penalty standards. These laws typically apply to drivers with a particularly high BAC, ranging from .15% to .20%. In addition, all states have "zero tolerance" laws that penalize drivers under age 21 for driving with any trace of alcohol in their systems.
10. Pradell & Associates: Alaskans charged with the crime of driving under the influence of alcohol (DWI) may not be aware that they have important legal rights which will be lost if they do not act within seven days of their arrest. Those accused of DWI often overlook the tiny print contained on the temporary license stating that within seven days, you must request an administrative hearing from the Department of Motor Vehicles (DMV). If you do not do so, your driver's license will automatically be suspended and you will lose your right to have a DMV hearing. Even if you win a jury trial on your DWI, your license will still be suspended if you do not request a DMV hearing within 7 days and win at that hearing. What should you do? One option is to contact an attorney immediately after you have been charged to learn your rights and to properly prepare your request for administrative DMV hearing and submit it in a timely manner. Calling an attorney on the eighth day after you are charged may be a costly error! WHAT TO DO IF YOU ARE ACCUSED OF COMMITTING A CRIME You've just been pulled over by a police officer late one night after leaving a party. Soon you are being interrogated, answering questions about drinking and your whereabouts that evening, and other issues. Sound familiar? Be careful! The information you provide to a police officer, a state trooper, in-store security officer or other investigating official could be used against you later at a trial, and may result in a conviction even if you are innocent of the crime! Police officers have one primary motivation: eliciting statements to obtain a conviction. Each of us is presumed to be innocent of any crime until convicted by a jury. Remember those words, "You have the right to remain silent. Anything you say can be used against you." Don't assume that you must answer all of an officer's questions just because they are being asked, or out of fear that the officer will be angry with you if you choose to exercise your constitutional right against self incrimination. It is important that you contact an attorney as soon as possible to obtain advice regarding your rights, responsibilities, and potential defenses to any charges, even if charges have not yet been brought against you. It is wise to contact an attorney before you make any statement to any law enforcement official.
11. Jody Brion: Anyone who has ever been accused or charged with a crime knows the importance of having an experienced criminal defense attorney by his or her side. The quality of legal representation can often account for the difference between going to jail and going home to one's family. In addition to loss of freedom, a criminal conviction or even a simple arrest can have life long effects in the areas of employment, family relations, and on the quality of life in general. Regardless of the severity of the crime, you deserve the best legal representation available.
12. Anchorage
    1. Kasmar & Slone: There are a variety of special problems that arise following a drunk driving, DUI, or DWI arrest. It may be necessary to use a bail bondsman to help a friend or loved one gain release from custody. Renting a car may be difficult (although we know of several companies that will do so), as is getting car insurance. There may be a requirement to attend special alcohol programs, or AA meetings.
    2. Gayle Brown: Alaska takes DUI and DWI charges very seriously. If you have been charged with drunk driving, you want to keep your license and stay out of jail. One mistake should not affect the rest of your future.
13. Fairbanks
    1. Downes, MacDonald & Levengood: DWI cases are unique in the criminal justice system and require experienced and knowledgeable counsel. A charge of DWI can have serious ramifications on a defendant's driver's license, criminal record and ability to work and function in society.
    2. Cook, Schuhman & Groseclose: Because of increasing fines, longer license suspensions, and a law making a third offense a felony, it is very important to have a thorough understanding of your legal rights, the evidence against you, and your possible defenses. Before automatically pleading guilty or entering into a rushed plea agreement because the breath test machine recorded a score above the legal limit, you should seek legal assistance. Often, these cases can be successfully defended before a jury.
14. Juneau
    1. Thomas Nave: In general, the Sixth Amendment guarantees all criminal defendants the right "to have the assistance of counsel." The U.S. Supreme Court has interpreted the Sixth Amendment right to assistance of counsel to be an absolute right, meaning that it applies to any criminal defendant during all critical stages of a criminal proceeding. Specifically, the right to counsel attaches the moment a criminal case has been initiated, extending to criminal defendants charged with felonies or misdemeanors punishable by imprisonment. In addition, the Court has held that fairness requires courts to provide counsel for criminal defendants who cannot afford to hire a lawyer, unless the criminal defendant has knowingly and intelligently waived the right to assistance of counsel. In fact, convictions obtained in the absence of counsel without a valid waiver are voidable, and may not be used later to establish the guilt of the criminal defendant in a new trial or to enhance punishment in the event of a valid conviction.
15. Palmer
    1. Chadwick McGrady: In Alaska, if you test above 0.08, or your refuse to test for DUI, you have seven days from the date of the arrest before the Department of Motor Vehicles (DMV) takes your driver's license for 90 days. We can request a DMV hearing or administrative hearing to save your driver's license. A first-time DUI in Alaska carries a mandatory three days in jail. A Class-A misdemeanor DUI can carry up to one year in jail. If you don't understand what is happening with your case, you may fail to attend alcohol class, have to go back to court and even get more jail time. If you don't understand DMV or how to get your driver's license back, you might eventually be charged with driving with a suspended license. What if I'm Convicted of Drunk Driving? A DUI conviction carries the following mandatory minimums: * First conviction: 3 days in jail, 90 day OL suspension, $1,500 fine * Second conviction: 20 days in jail, 1 year OL suspension, $3,000 fine * Third conviction (not a felony): 60 days in jail, 3 year OL suspension, $4,000 fine * Third conviction (felony): 120 days in jail, permanent loss of OL, $10,000 fine What is This "Notice and Order of Revocation" From the Alaska DMV That the Police Officer Gave Me When I was Pulled Over for the DUI? Essentially, there are two cases filed against you. One is with the Criminal Justice Department; the other is with the Division of Motor Vehicles (DMV). In Alaska, if you test above 0.08 on the Breathalyzer, or you refuse to test for DUI, you have seven days from the date you are arrested for DUI to ask in writing (by mail or by fax) for an administrative review of your case with the Division of Motor Vehicles. If you fail to do so, your license will be suspended. An attorney can help you through this process and may even be able to help you keep your license until your review date. Please feel free to call for further explanation.