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Alaska DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI, Civil Rights and Constitutional Law for Alaska on
Q: Cop got search warrant to search blood after passing breathalyzer no accident nor was he unconscious is this valid

There was no signs of drug use to get warrant to search blood blew .05 failed field sobriety tests admitted to drinking a couple beers cops got a search warrant to search blood no accident nor was he unconscious tried to refuse the blood draw asked to speak with attorney before they took blood was... View More

James L. Arrasmith
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answered on Sep 11, 2023

In a situation like the one you've described, the validity of the search warrant for a blood test largely hinges on the totality of the circumstances leading to the warrant being issued. The fact that the individual failed the field sobriety tests and admitted to consuming alcohol might have... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Constitutional Law for Alaska on
Q: Is this a illegal extension of a traffic stop based on false accusations.

If I was accused of being under the influence of Opioid due to having a raspy voice and my pupils were constricted, a DUI charge stemmed from this and multiple other charges followed but when my blood lab results returned the lab stated i had no Opioids in my system would this be a fightable charge.

James L. Arrasmith
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answered on Apr 13, 2024

Based on the information you've provided, it seems that the initial justification for the DUI charge and subsequent charges may have been flawed, as the arresting officer's suspicion of opioid use was not supported by the blood test results. This could potentially form the basis for... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Alaska on
Q: I was placed on felony probation after serving time for a felony dwi it will be 10 years ago this may I would like to ca

Case dismissed

Daniel P Leavitt
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answered on Oct 16, 2018

You will want to talk to an Alaska attorney who does criminal defense to see if they will consider dismissing your case in your circumstances.

1 Answer | Asked in DUI / DWI for Alaska on
Q: I recently was charged with a DUI no roadside test was asked of me intel brought to station. I blew a 0.49 then blood

Was demanded and warrant of blood obtained against my free will and not justified as I submitted to Chem breath test on data master for BAC I insured several times to several officers I was only going to submit to the search warrant of my blood as they said they would physically restrain me against... View More

Daniel P Leavitt
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answered on Oct 16, 2018

That is an interesting fact pattern. I am not licensed to practice law in AK so I cannot give legal advice there. I recommend you contact a skilled AK dui lawyer. Obviously this did not happen in VA so what we do doesn't help you there but in VA I think they would have issues with the blood... View More

1 Answer | Asked in Car Accidents and DUI / DWI for Alaska on
Q: Girlfriend had a DUI accident back in Sept and the court just filed last week. Was looking to see what the outcomes are

Offense happened on Sept 28 and being charged with assault 3 cause injury w/weapon class c

DUI BAC .08+

Reckless endangerment

But the court just filed it on 21MAR18 and I was wondering if she’s 19 and already completed AA classes what the possible outcomes are

Peter N. Munsing
Peter N. Munsing
answered on Mar 30, 2018

She has bigger issues with the other charges, so she needs to consult a criminal defense attorney.

1 Answer | Asked in DUI / DWI for Alaska on
Q: Does bail money for failure to appear to court, forst DUI, get put towards fines?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 25, 2017

If you put the money up, and if you abided by the terms of the bail, you will get the bail returned to you. So yes, it can be applied toward your fine. If a bail bondsman posted bail, the amount he or her charged you doesn't get returned to you.

1 Answer | Asked in Criminal Law and DUI / DWI for Alaska on
Q: Can a Felon with DUI CLASS C FELONY legal buy and Posess a firearm in Alaska?

I have found different answers on alaska.gov

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 17, 2017

It's a federal crime for a convicted felon to possess a firearm. So unless the state site references the federal law it's incomplete.

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