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Admitting Evidence of DUI in Alaska

In order to prosecute you for a DUI, the arresting officer must prove certain elements of the traffic stop and arrest, in order for any evidence obtained during your arrest to be admissible evidence. The police officer must have had reasonable suspicion that a crime was or was about to be committed, he must have probable cause to show that your arrest was reasonable and that a cautions person would believe that a crime had been committed, he must also have read you your Miranda rights and allowed for you to have an independent chemical test. If the foregoing situations exist, then the police officer can place his observations of any evidence of intoxication into a police report and this evidence may be used against you.

In Alaska, if probable cause exists, the police may request samples of your breath, urine or blood to determine whether you were driving under the influence of drugs and/or alcohol. The police have the discretion of which test to administer. Further, due to Alaska’s implied consent law, you have no right to refuse a chemical test, and a refusal is a misdemeanor offense. If you do refuse a chemical test, such refusal will be admissible in any criminal court proceeding. Further, blood and urine samples must be drawn by qualified medical personnel and the Department of Public Safety has specific rules that must be complied with in order for the test to be valid and admissible in court. If your test was incorrectly administered, preserved or labeled, this may affect the test results and these are grounds for exclusion of the evidence at trial.


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