If a police officer in Alaska makes a traffic stop, it might have been prompted by a suspicion that a driver is intoxicated, such as having witnessed the tires of the vehicle veering over the yellow line. When a patrol officer asks a driver to step out of his or her vehicle, he or she may want to determine if there are grounds to make a drunk driving arrest. It is important for every driver to understand DUI laws and to know where to seek support if a legal problem arises.
What constitutes a DUI in this state?
There are several issues that may warrant a DUI arrest in Alaska. If a person is operating a commercial vehicle when a traffic stop is made and registers .04 or higher on a breath test, he or she may be charged with drunk driving. If an adult is driving a noncommercial vehicle, a .08 or higher blood alcohol level is considered legal intoxication. A zero tolerance law is in effect for drivers under the age of 21.
Implied consent laws apply in Alaska
When a person obtains a license to drive in Alaska, he or she gives implied consent to submit to a blood or breath test if suspected of drunk driving. Refusing to do so may result in administrative or legal penalties, including license revocation, jail time and fines. Even if it is a first offense, the court may revoke a person’s license for 90 days if he or she has refused to comply with implied consent laws.
Determining a criminal defense strategy when facing DUI charges
There are often ways to mitigate one’s circumstances when facing DUI charges in court. For instance, if a person believes a preliminary alcohol screening produced a false positive result, the result can be challenged in court. Every accused individual is guaranteed an opportunity to present a defense. A criminal defense attorney can be helpful as a case is adjudicated, making recommendations for which type of defense strategy is best or requesting a dismissal of charges in appropriate circumstances.