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Alaska Drunk Driving Case Law

Please find, below, selected case laws decided by Supreme Court of Alaska or Court of Appeals of Alaska where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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Hugh P. v. State - 11/23/2005
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d). Accordingly, this memorandum decision may not be cited for any proposition of law or as an example of the proper resolution of...

Holden v. State - 11/16/2005
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this...

In re Adoption of Sara J. - 11/10/2005
No. 5957 Before: Bryner, Chief Justice, Matthews, Eastaugh, Fabe, and Carpeneti, Justices. BRYNER, Chief Justice, concurring. I. INTRODUCTION Matilda W., a caucasian living in Bethel, petitioned to adopt three...

David v. State - 11/10/2005
No. 2017 Before: Coats, Chief Judge, and Mannheimer and Stewart, Judges. At a joint trial, a jury convicted Erick A. David and his co-defendant, William R. Grossman, of second-degree murder for assaulting Larry Brown and...

Nevers v. State - 10/28/2005
No. 5952 Before: Bryner, Chief Justice, Eastaugh, Fabe, and Carpeneti, Justices. [Matthews, Justice, not participating.] I. INTRODUCTION After an Alaska state trooper stopped a car for a broken headlight on the...

Whiting v. State - 10/12/2005
No. 5012 Before: Coats, Chief Judge, and Mannheimer and Stewart, Judges. Michael T. Whiting appeals his conviction for felony driving under the influence, AS 28.35.030(a). He contends that his jury should have been...

Greist v. State - 10/7/2005
As revised on rehearing No. 2014 Before: Coats, Chief Judge, and Mannheimer and Stewart, Judges. In 2003, Sugar R. Greist was convicted of third-degree assault, a class C felony. Greist was a first felony offender....

Jensen v. City and Borough of Juneau - 9/28/2005
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this...

Greist v. State - 9/2/2005
No. 2007 Before: Coats, Chief Judge, and Mannheimer and Stewart, Judges. In 2003, Sugar R. Greist was convicted of third-degree assault, a class C felony. Greist was a first felony offender. Under Alaska sentencing law at...

Ned v. State - 8/19/2005
No. 2003 Before: Coats, Chief Judge, and Mannheimer and Stewart, Judges. Frederick L. Ned Jr. was convicted of manslaughter and sentenced to 10 years' imprisonment with 3 years suspended (7 years to serve). In this...

Heacock v. State - 8/17/2005
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3)....

Beattie v. State - 8/17/2005
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3)....

Grohs v. State - 8/12/2005
No. 2001 Before: Coats, Chief Judge, and Mannheimer and Stewart, Judges. Gary L. Grohs was stopped for not having an illuminated rear license plate. Based on the state trooper's observations during this traffic stop,...

Clinton R. v. State - 8/10/2005
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d). Accordingly, this memorandum decision may not be cited for any proposition of law or as an example of the proper...

Olson v. State - 7/20/2005
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this...

Robinson v. State - 7/13/2005
Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this...

Pilant v. State - 6/24/2005
No. 1988 Before: Coats, Chief Judge, and Mannheimer and Stewart, Judges. Mark W. Pilant was arrested for driving while under the influence. Following his arrest, Pilant submitted to a breath test; this test showed that...

Snyder v. State - 6/3/2005
No. 1985 Before: Coats, Chief Judge, and Mannheimer and Stewart, Judges. Samuel H. Snyder was charged with sexual assault in the second degree for engaging in sexual intercourse with M.K., who was either incapacitated or...

Clark v. Municipality of Anchorage - 5/13/2005
No. 1983 Before: Coats, Chief Judge, and Mannheimer and Stewart, Judges. MANNHEIMER, Judge, concurring. Scott R. Clark was convicted of operating a motor vehicle without a current liability insurance policy in...

Jena H. v. State - 5/4/2005
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d). Accordingly, this memorandum decision may not be cited for any proposition of law or as an example of the proper resolution of...

Rodgers v. State - 4/22/2005
No. 1981 A Fairbanks police officer believed that he saw Kemone D. Rodgers run a stop sign, so the officer stopped Rodgers to issue him a citation. This traffic stop ultimately led to Rodgers's convictions for driving under the...

Baker v. State - 4/15/2005
No. 1980 MANNHEIMER, Judge, concurring. A jury convicted Fred A. Baker of felony driving while intoxicated , felony refusal to take a breath test, driving with license revoked, and criminal mischief in the third degree....

Zwingelberg v. State - 4/13/2005
Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this...

Whitesides v. State - 3/30/2005
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d). Accordingly, this memorandum decision may not be cited for any proposition of law or as an example of the proper resolution of...

Matthew B. v. State - 3/16/2005
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d). Accordingly, this memorandum decision may not be cited for any proposition of law or as an example of the proper resolution of...

Yang v. State - 2/11/2005
No. 1969 Il Seung Yang appeals his conviction for refusing to submit to a breath test following his arrest for driving while intoxicated. Yang argues that his proficiency in English was so poor that he did not understand the...

Morgan v. Fortis Benefits Insurance Co. - 2/11/2005
No. 5868 I. INTRODUCTION We are presented with the issue of whether summary judgment was properly granted to Fortis Benefits Insurance Company (Fortis) on the application of certain exclusions found in an accidental death...

Nease v. State - 1/28/2005
No. 1967 A Juneau police officer stopped Peter Nease after he observed that the passenger-side brake light on Nease's pickup truck did not light up when he stopped at a traffic light. When the officer contacted Nease, he...

Brewer v. State - 1/26/2005
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3)....

Gamble v. State - 1/26/2005
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3)....

Feldman v. State - 1/19/2005
Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this...

Strickland v. State - 1/5/2005
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this...

Nason v. State - 12/3/2004
Mark D. Nason was convicted of first-degree assault, AS 11.41.200(a), and he is currently serving a prison sentence at the Spring Creek Correctional Center. Because Nason's offense is a felony "crime against a person" under AS 11.41,...

Knutsen v. State - 11/26/2004
The State charged John C. Knutsen with six counts of producing indecent photographs of minors under the age of 13 without their parents' consent (a felony), and two counts of producing indecent photographs of adults without their consent...

Rexford v. State - 11/24/2004
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this...

Runcorn v. State - 11/24/2004
The Anchorage police arrested Dennis Ray Runcorn for driving under the influence. Immediately following this arrest, the arresting officer patted Runcorn's pockets and felt a hard cylindrical object. The officer pulled the cylindrical...

Reichel v. State - 11/12/2004
In this appeal, we are asked to decide whether the police can conduct an investigative stop if they have a reasonable suspicion that a person is violating the conditions of their parole. The defendant asserts that Alaska law does not...

Dunn v. Municipality Of Anchorage - 11/5/2004
Kim W. Dunn pleaded no contest to driving under the influence and was sentenced to 140 days to serve. (His mandatory minimum sentence was 120 days.) Dunn argues that his rights to due process and equal protection were violated because AS...

Crawford v. State - 10/22/2004
In this appeal, we must assess the potential curative effect of Miranda warnings that were administered to a suspect in police custody after the police had already unlawfully obtained incriminating statements from the suspect in violation...

Butler v. State - 10/13/2004
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this...

Larson v. State - 9/15/2004
Wayne K. Larson appeals his conviction for driving while under the influence. [FN1] He contends that the district court erred when it refused to exclude evidence that he had declined an independent chemical test, and when it refused to...

Carpentino v. State - 8/25/2004
James F. Carpentino appeals his conviction for driving while under the influence. [FN1] He contends that most of the evidence against him was obtained during an illegal investigatory stop. Before trial, Carpentino moved to suppress...

Powell v. City and Borough of Sitka - 8/25/2004
Russell R. Powell pleaded no contest to driving while intoxicated, in violation of Sitka Ordinance 11.48.010(a). When he entered this plea, Powell reserved the right to argue that the case against him should be dismissed because the police...

Merculief v. State - 8/18/2004
Laura M. Merculief was convicted of first-degree vehicle theft (i.e., joyriding), as well as driving while intoxicated, driving while her license was suspended, and refusing to submit to a breath test. In this appeal, she challenges the...

Raymond v. State - 8/18/2004
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this...

Schug v. State - 8/18/2004
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this...

Samskar v. State - 8/11/2004
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this...

Goins v. State - 8/4/2004
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this...

Rod v. State - 7/30/2004
Daniel Rod was convicted of misdemeanor driving while intoxicated in 2003. Because Rod had six prior convictions for this offense, he faced a mandatory minimum sentence of 360 days' imprisonment under AS 28.35.030(b)(1)(F). But Rod argued...

State v. Simpson - 7/23/2004
In State v. Simpson, 53 P.3d 165 (Alaska App. 2002), we reversed the superior court's ruling that two 1999 Montana convictions for "driving under the influence"did not qualify as prior convictions for purposes of AS 28.35.030(n), felony...

David v. State - 7/14/2004
A Bethel jury convicted Michael David Sr. of felony bootlegging (selling alcoholic beverages without a license in a "local option" community - i.e., a community that has adopted restrictions on the sale or possession of alcoholic...

Vanreenan v. State - 7/7/2004
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this...

Parker v. State - 6/30/2004
Gordon A. Parker appeals his conviction for felony driving while intoxicated. He contends that most of the evidence against him was the fruit of an unlawful investigative stop. Parker further contends that, during this investigative stop,...

Bluel v. State - 6/23/2004
Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum...

Coleman v. State - 6/23/2004
A jury found David P. Coleman guilty of driving while under the influence. [FN1] He appeals, claiming that District Court Judge Raymond M. Funk erred when he allowed the State to introduce evidence that he had been offered an independent...

Ridlington v. State - 6/18/2004
In the early morning hours of July 23, 2002, Nenana Police Chief Milton J. Haken arrested Jeremy A. Ridlington for driving while intoxicated. Haken initially filed a misdemeanor DWI complaint against Ridlington in the Nenana district...

Mack v. State - 5/19/2004
Marlon Ray Mack was convicted of first-degree murder for killing his girlfriend, Allison Ward. He was sentenced to 99 years' imprisonment, with no eligibility for discretionary parole until he serves 66 years of this sentence. Mack now...

Jeffries v. State - 5/14/2004
This appeal requires us to examine the distinction between two degrees of criminal homicide: manslaughter as defined in AS 11.41.120(a)(1), which requires proof of the defendant's recklessness; and second-degree murder as defined in AS...

Kitchok v. State - 5/12/2004
Nick Kitchok appeals his convictions for attempted first-degree sexual assault and fourth-degree assault. [FN1] Kitchock contends that the trial judge should have allowed him to impeach the victim of these assaults with evidence that she...

State v. Blank - 4/30/2004
A state trooper conducted a warrantless search of a driver's breath following a fatal accident. Was this potentially a valid exigent circumstances search even though the driver was not arrested substantially contemporaneously with the...

Wallace v. State - 4/14/2004
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this...

Custer v. State - 4/9/2004
Gilbert Ralph Custer appeals the sentence he received when the superior court revoked his felony probation for the fourth time in case number 2KB-99-276 Cr and sentenced Custer to serve all of his remaining suspended jail time: 38...

Powell v. State - 4/9/2004
On the evening of January 30, 1999, Steven Bradley Powell was driving the streets of Anchorage with a blood alcohol level of .195 percent. He was heading east on Tudor Road, nearing the curve where Tudor Road becomes Muldoon Road. Powell...

Guerre-Chaley v. State - 4/9/2004
Ute Guerre-Chaley was arrested for driving while intoxicated. During her encounter with the police, Guerre-Chaley submitted to a "preliminary breath test" - i.e., a breath test on a portable testing device carried by the police...

Spear v. State - 4/7/2004
Shannon G. Spear appeals his conviction for driving under the influence. [FN1] He contends that most of the evidence against him was obtained during an illegal investigatory stop. The State presented the following evidence at the...

Whitesides v. State - 4/2/2004
In this sentence appeal, we are asked to construe AS 12.55.155(c)(1), one of the statutory aggravating factors that authorize a sentencing judge to exceed the presumptive term of imprisonment in cases governed by presumptive...

Edenshaw v. State - 3/31/2004
James Edenshaw appeals the superior court's revocation of his felony probation and the court's decision to impose the remaining 3 years of his sentence. In 1979, Edenshaw raped a ten-year-old girl after breaking into her hotel...

Smith v. State - 3/31/2004
In August 2000, two officers from the Southeast Alaska Narcotics Enforcement Team applied for a Glass warrant to monitor the conversations of four individuals who were suspected of drug trafficking. Based in part on the evidence...

Castro v. State - 3/24/2004
This is a sentence appeal. On September 10, 1999, Stella G. Castro was arrested for driving while intoxicated after she drove her car 30 miles per hour in reverse on a city street, struck another car, and then slammed into a light...

Landt v. State - 3/19/2004
At the beginning of Alya S. Landt's trial, Superior Court Judge Fred Torrisi informed the jury that each member could propose questions for the witnesses. During the trial, Judge Torrisi put several of the jurors' proposed questions...

Hall v. State - 3/17/2004
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this...

Charles v. State - 3/17/2004
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this...

Kwon v. State - 3/3/2004
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this...

State v. Blank - 2/27/2004
MATTHEWS, Justice, with whom CARPENETI, Justice, joins, dissenting in part. I. INTRODUCTION A state trooper conducted a warrantless search of a driver's breath following a fatal accident. Was this potentially a valid...

Christopher D. v. State - 2/11/2004
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d). Accordingly, this memorandum decision may not be cited for any proposition of law or as an example of the proper resolution of...

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