DUI Rights Alaska: Alaska

DUI Rights. - Alaska

Have I been Drinking?

The answer to this question can be incriminating, thus, you have the right not to answer it when asked by law enforcement.

License/Registration/Proof of Insurance

You must provide these items upon request by law enforcement. Have them in a place that is easy to access and easy to retrieve them. Above your sun-visor is a great place to store this information

Exit the Vehicle

If a police officer asks you to exit your vehicle you must comply. Be polite and respectful.

Field Sobriety Tests

You cannot be forced to submit to field sobriety tests in the State of Alaska. You have to right to decline these tests and are well advised not to take them. The eye test is subjective and has no objective verification regarding your performance. The Walk and Turn and One Leg stand are almost impossible to perform to law enforcement standards in a stressful situation whether alcohol has been consumed or not. Most importantly, studies have shown that the police will fail perfectly sober people on these tests an astounding 46% of the time.

Preliminary Breath Test

In Alaska a person who operates or drives a motor vehicle in the state is considered to have given consent to a preliminary breath test. Before administering the test the police officer must inform the person that a refusal to take the test may be used against them in civil or criminal action arising out of the incident. If the person does refuse the test it is considered a separate infraction. If you are willing to take the test, DO NOT agree until the officer agrees to show you the test results.

Right to Attorney and/or Family Member

Immediately after an arrest, you have the statutory right to communicate with and have the right to immediately visit with an attorney or any relative or friend before making a decision regarding the test at the station. However, you must ask to see an attorney or any relative or friend the police do not have to inform you of this right and the right must be exercised reasonably.

Breath, Blood, or Urine

Breath testing is the most common procedure in Alaska for determining alcohol consumption and this is done, after the arrest, at the police station. You are allowed to refuse the chemical testing of your breath. If you choose to refuse the test it can result in far longer suspensions and it will result in a separate misdemeanor charge for refusal. A refusal can also be used against you in civil or criminal actions and is admissible as evidence.

In the State of Alaska, the police cannot require you to submit a blood sample without two explicit exceptions happening. First, if you were involved in an accident that resulted in a death or serious injury of another person. Second, if you are incapable of refusing or unconscious the police can do a blood test without your consent.

Independent Testing

The police in Alaska will normally ask if you would like to have an independent test done after they conclude their testing at the station but they don’t have to. You have the constitutional right to preserve evidence in your defense and you must inform the police that you would like an independent test done to exercise your right. The independent test will be a blood test, which is completely optional, and a refusal to use your optional blood test cannot be used against you in the DUI proceedings.