Alaska OUI and Drunk Driving Lawyer
A DUI arrest does not automatically result in a DUI conviction. The Law Offices of Dan Allan & Associates in Anchorage focuses on the details of your arrest to mount a formidable defense and shield you from the worst consequences.
Our experienced criminal defense lawyers have successfully challenged first-time and repeat criminal charges of DUI/OUI across Alaska, including defense of military personnel of Fort Richardson and Elmendorf AFB, commercial drivers and under-21 drivers. Contact us immediately to preserve your remaining rights and find out where you stand.
We Fight Your License Suspension
Your Alaska driver's license is a privilege. The State can suspend it for driving drunk, permanently so for a felony DUI. On suspicion of driving under the influence — a blood-alcohol content reading of .08 or refusal of the BAC test — you will receive a Notice of Suspension. Your temporary license will lapse in 7 days unless you request an administrative hearing! This is a separate process from the criminal proceedings for your DUI/OUI. (You can beat the DUI case and still have your license suspended.) Dan Allan & Associates has successfully contested administrative license suspensions. At a minimum, we will fight to obtain a restricted license so that you can continue to drive to and from work. (See Drivers' Rights in Alaska.)
First-Time DUI Offenders
Many of our DUI clients are first offenders who have never faced criminal charges of any kind. A police officer can exploit the fact that you are not a seasoned criminal and are unaware of your Constitutional rights during an arrest. We advise you not to say anything to the police officer before you know your rights. The "right to remain silent" is especially critical when you are pulled over for suspicion of a DUI. Never waive this valuable right no matter how trivial the charge or how anxious you are to set matters right. Politely but firmly insist on talking to a lawyer first.
Field Sobriety Testing Is Not Mandatory
In spite of what the officer might tell you, you are under no obligation to perform field sobriety tests. In fact, given the climate and terrain of Alaska, we advise our clients not to submit to roadside testing. Many crashes are caused by the weather or encounters with wildlife, not alcohol. Clients already injured or shaken prior to a roadside stop would likely not pass a field sobriety test in any condition. These tests are principally designed to give officers with little evidence of drunk driving a reason to place you under arrest.
Mandatory Breath Testing and the Consequences of Refusal
Once you are arrested, a breath test using the Datamaster is mandatory. Refusing to give a sample can result in similar penalties as if you blew over the limit and were convicted of a DUI. Your license will be suspended. Part of your DUI defense may include challenges to the accuracy of the test based on poor maintenance or a lack of calibration needed for the machine to work properly, as well as other technical defense.
Our goal is to avoid a conviction if at all possible, because of the immediate and long-term impact on your life.
A first DUI (also known as OUI or DWI) carries a mandatory 3 days in jail, 90-day license suspension, fines, and court and jail costs. The misdemeanor criminal record can affect employment and educational opportunities and will raise your car insurance rates.
A second DUI within a 15-year span is punishable by a minimum of 20 days in jail, $3,000 in fines and one-year license revocation.
A third DUI (or refusal) is a felony crime if within 10 years of the first conviction. In addition to a mandatory minimum of 120 days in jail and $10,000 in fines, a felony DUI calls for lifetime revocation of your license.
You can also be charged with felony vehicular assault for any drunk driving accident (including first offense) resulting in serious injury.
Dan Allan and his team of experienced criminal defense attorneys have had notable results challenging both the probable cause for the traffic stop and unsupportable conclusions drawn from sobriety tests. We have obtained jury acquittals, suppressed unlawfully obtained evidence and negotiated for lesser charges or mitigated penalties. See our Representative Case Results.
Contact a Seasoned DUI Attorney for a Free Consultation
Alaska is a no-tolerance state, and the consequences of a DUI conviction are severe. If you have been arrested, ask to talk to a lawyer and call our Anchorage office at 907-344-8851 to speak to an experienced DUI/OUI defense lawyer.