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Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer...

Alaska Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

Q: What is the implied consent law in Alaska?

Alaska&#039;s implied consent law specifies that any person who holds an Alaska driver&#039;s license or operates a vehicle within the state is deemed to have consented to a blood or breath test to determine the presence of alcohol.

Category:

Criminal - Driving under the Influence

State:

Multi-State

Control #:

US-02160BG

Format:

Instant download

Description

The purpose of the breathalyzer test is to measure a person's blood alcohol content (BAC). The Breathalyzer, which is the most commonly used BAC tester today, was invented in 1954. It detects and measures the level of alcohol on a person's breath with the use of a chemical reaction. A Breathalyzer test kit contains several vials of chemicals of differing colors that change color when they come into contact with alcohol. The color changes indicate the amount of alcohol.

Breathalyzer test results can be challenged in court; it is possible for a law enforcement officer to administer the test incorrectly. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Motion To Dismiss Criminal Charges For Failure To Follow Breathalyzer Protocols - DUI?

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FAQ

Alaska's implied consent law specifies that any person who holds an Alaska driver's license or operates a vehicle within the state is deemed to have consented to a blood or breath test to determine the presence of alcohol.

For a defendant with two or more prior convictions for DUI, Refusal, or DUI-CMV (in any combination, within ten years and since January 1, 1996) a third DUI or Refusal is a felony, charged by grand jury indictment and tried in superior court by a jury of twelve.

If you are lawfully arrested for DUI and you refuse to give a breath test, you can be charged with breath test refusal. Breath test refusal carries the same penalties as a DUI. In fact, you can be convicted of both DUI and refusal from the same incident.

DUI: Driving Under The Influence (of alcohol or other chemical substances). A DUI is a drunk driving charge under the State of Alaska Criminal Code. There is a separate drunk driving crime called a Felony DUI. OUI: Operating While Under The Influence (of alcohol or other chemical substances).

Penalties for driving under the influence in Alaska OffenseJailIgnition interlock deviceFirst offense72 hours6 monthsSecond offense20 days12 monthsThird offense60 days (120 days if charged as felony)18 months (60 months if charged as felony)Fourth offense120 days (240 days if charged as felony)60 months2 more rows

(f) Except as provided under (p) of this section, refusal to submit to a chemical test authorized by AS 28.33. 031(a) or AS 28.35. 031(a) or (g) is a class A misdemeanor. (5) the sentence imposed by the court under this subsection shall run consecutively with any other sentence of imprisonment imposed on the person.

Alaska law states that the legal alcohol limit within four hours of operating a motor vehicle is . 08% BAC. For all offenses, there is a possible penalty of mandatory attendance of a court-ordered alcohol program and a prohibition on using alcohol for a specific amount of time.

Alaska Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

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Alaska Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

Description

Related forms

Viewed forms

How to fill out Motion To Dismiss Criminal Charges For Failure To Follow Breathalyzer Protocols - DUI?

Form popularity

FAQ

What is the implied consent law in Alaska?

What makes a DUI a felony in Alaska?

Can you refuse a breathalyzer test in Alaska?

What is the difference between a DUI and an OUI in Alaska?

How likely is jail time for first DUI Alaska?

What is the statute of refusal to submit to a chemical test in Alaska?

What is the DUI law in Alaska?

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