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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Keller v. State - 2/6/2004
MANNHEIMER, Judge, concurring.
Alexander Joseph Keller was charged in the Bethel district court with the offense of driving while intoxicated. Keller's father was a bailiff for the Bethel court. Bethel Magistrate Craig R....
State v. Andrews - 1/30/2004
Based on Loran C readings, Clinton T. Andrews and nine other commercial fishers were charged with fishing in closed waters. The commercial fishers moved to suppress the Loran C evidence. The district court agreed with the defendants...
Pariseau v. State - 1/28/2004
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...
Tyler v. State - 1/28/2004
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...
Anderson v. State - 1/28/2004
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...
Smith v. State - 1/9/2004
Byron S. Smith appeals his conviction and sentence for felony driving while intoxicated (DWI). Smith contends that he was subjected to an illegal investigative stop, and that all evidence flowing from that stop should have been...
Colette v. State - 1/7/2004
Jason S. Colette was arrested for driving while intoxicated [FN1] and refusal to submit to a chemical test. [FN2] Before trial, he moved to suppress the evidence of his intoxication and refusal, arguing that the police had interfered with...
Ruby A. v. State - 12/29/2003
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...
Allmond v. State - 12/24/2003
On the evening of August 26, 2000, Donald Allmond, Jr., was arrested in Barrow for driving while intoxicated. Following his arrest, Allmond refused to submit to a breath test. Because Allmond had four prior convictions for DWI, he...
Matumeak v. State - 12/24/2003
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...
Morrow v. State - 11/21/2003
Eric Morrow appeals his conviction for failing to appear at his felony sentencing. Morrow contends on appeal that Superior Court Judge Larry C. Zervos abused his discretion in (1) denying his motion to dismiss the indictment, (2)...
Noy v. State - 11/14/2003
No. 1906
OPINION ON REHEARING
In Ravin v. State, 537 P.2d 494 (Alaska 1975), the Alaska Supreme Court held that the privacy clause of the Alaska Constitution (Article I, Section 22) protects the possession of marijuana in...
Shetters v. State - 11/5/2003
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...
Ackerman v. State - 10/29/2003
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...
Underwood v. State - 10/22/2003
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...
Winfrey v. State - 10/16/2003
Cameron Winfrey was convicted of driving while intoxicated. He appeals, claiming that the district court erred when it denied his motion to suppress the results of the breath test after finding that state troopers had interfered with...
MacPherson v. State - 10/15/2003
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...
Tina S. v. State - 10/15/2003
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...
Peters v. State - 10/1/2003
NOTICE Memorandum decisions of this court do not create legal precedent. Chief 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)....
Hammock v. State - 9/17/2003
Anthony P. Hammock was charged with first-degree vehicle theft (i.e., joyriding) and driving while intoxicated. Following a jury trial in the superior court, Hammock was acquitted of vehicle theft but convicted of driving while...
Johnson v. State - 9/10/2003
The Fairbanks police arrested Philip G. Johnson for driving while intoxicated. When Johnson was asked to submit to a breath test, he refused. Later, after Johnson was taken to jail, correctional officers found a folded dollar bill in...
Woods v. State - 9/10/2003
The issue presented in this appeal is whether a state trooper was justified in searching the defendant's pockets - thus discovering an incriminating set of keys.
The trooper found the defendant standing beside his disabled...
Seymour v. State - 6/4/2003
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...
Phillips v. State - 5/30/2003
John Kevin Phillips was paroled from prison on January 9, 1997. On the afternoon of the next day, he committed armed robbery at a store in downtown Anchorage. During this robbery, Phillips wounded one of the victims with a knife....
Fowler v. State - 5/23/2003
No. 1878
On May 8, 2001, the Alaska Legislature passed a bill that amended the definition of felony driving while intoxicated, AS 28.35.030(n). Previously, driving while intoxicated had been a felony if a defendant had two...
Craig F. v. State - 5/14/2003
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...
Baker v. State - 5/7/2003
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...
Dayton v. State - 5/7/2003
David C. Dayton pleaded no contest to the charge of driving while intoxicated , reserving his right to challenge the legality of the manner in which the police obtained the evidence against him. Much of this evidence was obtained...
Bain v. State - 5/7/2003
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. Simpson - 4/25/2003
No. 1869
Under the due process clause of the Alaska Constitution, a person arrested for driving while intoxicated is entitled to an independent test of his blood alcohol level. The State charged Gregory Simpson with felony...
Jacobs v. State - 4/16/2003
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...
Bruns v. State - 4/16/2003
Edward Bruns appeals his conviction for driving while intoxicated. He argues that the evidence against him was obtained illegally, after the police stopped him without reasonable suspicion of wrongdoing.
According to the...
Peterson v. State - 4/9/2003
MEMORANDUM OPINION AND JUDGMENT
No. 4688
Jon G. Peterson was convicted of driving while intoxicated after the police found him asleep and intoxicated in the driver's seat of his truck. Peterson stipulated at trial that his...
Holtslag v. State - 4/9/2003
MEMORANDUM OPINION AND JUDGMENT
No. 4685
Pursuant to his plea of no contest, Joseph F. Holtslag was convicted of one count of misdemeanor driving while intoxicated. He preserved his claim that state troopers had no...
Nicoli v. State - 4/2/2003
In the summer of 2001, Paul Nicoli, Jr., was on probation from a conviction for assaulting his ex-wife, Cynthia Olson. Nicoli had already violated his conditions of probation once, by improperly contacting Olson. This improper...
Aiken v. State - 2/19/2003
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...
Coles v. State - 2/14/2003
Shane Daniel Coles appeals the 5-year sentence he received for felony driving while intoxicated. A 5-year term is the maximum term for this offense. Under Alaska law, before a sentencing judge can impose a maximum sentence, the judge...
Bertilson v. State - 2/14/2003
MANNHEIMER, Judge, concurring.
Dan Allan was the attorney for the appellant.
Following a jury trial, John L. Bertilson was convicted of felony driving while intoxicated. In this appeal, he raises approximately eighteen...
Alto v. State - 2/14/2003
This case raises the question of whether a person who is found not guilty by reason of insanity and committed to the custody of the Commissioner of Health and Social Services can be convicted of escape for removing himself from that...
Sunnyboy v. State - 2/12/2003
No. 4662
Michael D. Sunnyboy appeals his conviction for driving while intoxicated.
The evidence against Sunnyboy stemmed from a traffic stop. Sunnyboy asked the district court to suppress this evidence, asserting that...
Richardson v. State - 2/12/2003
No. 4661
Following a jury trial in the Anchorage superior court, Mark Richardson was convicted of felony driving while intoxicated and felony refusal to submit to a breath test. (Before trial, Richardson pleaded no contest to...
Nicholas v. State - 2/12/2003
In Nicholas v. State, Alaska App. Memorandum Opinion No. 4564 (April 24, 2002), we reversed Nicholas's conviction for breath-test refusal but affirmed his convictions for vehicle theft and driving while intoxicated. The Alaska...
Lee v. State - 2/12/2003
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...
Moore v. State - 2/12/2003
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...
Ivy v. State - 2/12/2003
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...
A.J. v. State - 1/17/2003
As amended February 6, 2003.
A.J., APPELLANT, v. STATE OF ALASKA, DEPARTMENT OF HEALTH AND SOCIAL SERVICES, DIVISION OF FAMILY & YOUTH SERVICES, APPELLEE.
Appeal from the Superior Court of the State of Alaska, Fourth...
Becker v. State - 1/2/2003
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...
Espinoza v. State - 12/4/2002
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...
Fleegel v. Estate of Boyles - 11/15/2002
No. 5641
BRYNER, Justice, with whom CARPENETI, Justice, joins, dissenting.
I. INTRODUCTION
Monica Fleegel sought compensatory and punitive damages from a drunk driver, Michael Boyles, who injured her in a car...
Irish v. State - 11/6/2002
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...
Ahvakana v. State - 11/1/2002
Ronald Ahvakana was convicted, based upon his plea, of criminally negligent homicide, a class B felony. Superior Court Judge Michael Jeffery imposed the maximum term of 10 years of imprisonment. Ahvakana appeals to this court,...
Bowman v. State - 10/23/2002
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...
Kignak v. State - 10/23/2002
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...
Conrad v. State - 9/27/2002
[No. 1831 - September 27, 2002]
This case requires us to construe the offense of driving while intoxicated under AS 28.35.030(a)(2). This subsection of the statute makes it a crime to operate or control a motor vehicle "when,...
Brewer v. State - 9/27/2002
[No. 1829 - September 27, 2002]
Carl M. Brewer appeals the superior court's decision to revoke his probation. Brewer's main contention is that the superior court improperly denied his request to represent himself at the...
State v. Hecks - 9/4/2002
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...
Evans v. State - 8/30/2002
As amended September 13, 2002.
BETTY EVANS, ON HER OWN BEHALF AND ON BEHALF OF HER MINOR SON, DAVID "BUDDY" KUTCH, JR.; SHARON CROSS, ON HER OWN BEHALF AND ON BEHALF OF HER MINOR DAUGHTER, LARONSIA CROSS; RAYMOND NEALY, SR.; AND...
Agli v. State - 8/28/2002
No. 4612
MEMORANDUM OPINION AND JUDGMENT
MANNHEIMER, Judge, concurring.
Joel D. Agli killed two people and seriously injured two others when he drove head-on into another vehicle while he was intoxicated. The State...
Scott v. State - 8/28/2002
No. 4611
MEMORANDUM OPINION AND JUDGMENT
Robert Allen Scott pleaded no contest to one count of felony driving while intoxicated, a class C felony. Scott had no prior felony convictions, so he faced a minimum 120-day...
Prentzel v. State - 8/23/2002
No. 5615
I. INTRODUCTION
State troopers arrested a man without a warrant because they thought he was violating his court-imposed conditions of release from a prior charge. He was never charged with violating the release...
State v. Simpson - 8/16/2002
Brian Simpson is charged with driving while intoxicated in Anchorage in September 2000. Because Simpson has two prior convictions for "driving under the influence" in Montana, the State indicted him for felony DWI under AS...
Ostlund v. State - 7/26/2002
MANNHEIMER, Judge, concurring
A jury convicted William B. Ostlund of felony driving while intoxicated (DWI) and driving with a revoked operator's license. He raises two issues on appeal: (1) whether the trial judge erred when...
Smith v. State - 7/17/2002
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...
Firey v. State - 7/14/2002
No. 4589
MEMORANDUM OPINION AND JUDGMENT
MANNHEIMER, Judge, concurring.
A jury convicted Charles R. Firey of assault in the first degree and driving while intoxicated (DWI). Superior Court Judge Larry D. Card...
State v. Felix - 7/12/2002
No. 1808
COATS, Chief Judge, dissenting.
In two of these three consolidated appeals, the district court granted prisoners' requests for a short-term release from prison so that they could attend to personal business. In...
Smith v. State - 6/19/2002
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...
Fraiman v. State - 6/14/2002
No. 5580
I. INTRODUCTION
The Division of Motor Vehicles (DMV) administratively suspended Daniel Fraiman's driver's license for refusal to take a chemical breath test following Fraiman's arrest for eluding an officer....
Nielsen v. State - 6/12/2002
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)....
Timmons v. State - 6/5/2002
No. 4578
David W. Timmons appeals his conviction for felony driving while intoxicated. He argues that the prosecutor engaged in improper argument to the jury and, further, engaged in unfair cross-examination of a defense...
Garrison v. State - 5/29/2002
No. 4576
Lina I. Garrison appeals her convictions for felony driving while intoxicated and felony refusal to take a breath test. She asserts that her trial was unfair for two reasons. First, Garrison contends that Superior...
Richardson v. State - 5/17/2002
No. 1803
Robert E. Richardson was convicted of murder in the second degree and assault in the first degree for an incident where, after being warned not to drive, he drove while intoxicated. Richardson crossed the center line...
Hernandez v. State - 5/1/2002
William A. Hernandez appeals his conviction for driving while intoxicated. This case is before us a second time, following a remand to the superior court.
Hernandez claims that the police deterred him from exercising his right...
Potter v. State - 5/1/2002
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...
Lambert v. Alaska - 4/26/2002
In June 2001, the superior court revoked Rodney Gene Lambert's probation and sentenced him to serve an additional 2½ years in prison. Lambert did not appeal this sentence. But seven months later, in January 2002, Lambert filed the...
Nicholas v. State - 4/24/2002
No. 4564
On the evening of June 18, 1998, Eric L. Nicholas stole a car that had been left running outside a Mapco store in Kenai. Shortly after the owner reported the theft, a police officer spotted the car and pulled Nicholas...
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