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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Pasco v. State - 4/12/2002
I. INTRODUCTION
Jeffery Pasco attempted to operate a Plymouth station wagon while he was significantly intoxicated. He claimed at his administrative license revocation proceeding that he was trying to move the vehicle because...
State v. Judson - 4/12/2002
MANNHEIMER, Judge, concurring.
After pleading guilty to driving while intoxicated (DWI), Norman R. Judson asked the district court to order him, as a condition of his release, to enroll in residential alcohol treatment in...
Semaken v. State - 4/10/2002
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)....
Decker v. State - 4/10/2002
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)....
korb v. korb - 4/4/2002
MANNHEIMER, Judge, concurring.
After pleading guilty to driving while intoxicated (DWI), Norman R. Judson asked the district court to order him, as a condition of his release, to enroll in residential alcohol treatment in...
korb v. ruth - 4/4/2002
MANNHEIMER, Judge, concurring.
After pleading guilty to driving while intoxicated (DWI), Norman R. Judson asked the district court to order him, as a condition of his release, to enroll in residential alcohol treatment in...
Freeman v. State - 3/27/2002
MEMORANDUM OPINION AND JUDGMENT
No. 4550
MANNHEIMER, Judge, concurring.
Introduction
A jury convicted Robert V. Freeman of two counts of murder in the first degree and three counts of assault in the third...
Pence v. State - 3/27/2002
MEMORANDUM OPINION AND JUDGMENT
No. 4549
Following a jury trial, Harold Pence was convicted of driving while intoxicated (DWI). Pence appeals, contending that District Court Judge Mark I. Wood should have granted his...
Snyder v. State - 3/15/2002
No. 5551
I. INTRODUCTION
After an administrative hearing, the Division of Motor Vehicles revoked Dennis Snyder's driver's license on the ground that Snyder had driven with a blood alcohol level exceeding the legal limit....
Stotesbury v. State - 3/13/2002
MEMORANDUM OPINION AND JUDGMENT
No. 4545
MANNHEIMER, Judge, concurring.
Stephen Lee Stotesbury pleaded no contest to felony driving while intoxicated (DWI) and driving while license suspended. At sentencing, the...
Fields v. State - 3/13/2002
MEMORANDUM OPINION AND JUDGMENT
No. 4544
Wendolyn Fields pleaded no contest to driving while intoxicated (DWI), reserving her right to appeal the denial of her two motions to suppress. On appeal, she contends that...
State v. Fortuny - 3/8/2002
Brent Fortuny drove while he was intoxicated and injured someone else. He ultimately pleaded no contest to third-degree assault (a class C felony) and misdemeanor driving while intoxicated. While awaiting sentencing, Fortuny spent...
Alvin v. State - 3/8/2002
Michael M. Alvin was convicted of criminally negligent homicide, failure to render assistance at the scene of an injury accident, and driving while intoxicated. When Superior Court Judge Larry D. Card sentenced Alvin for these...
Bronson v. State - 2/20/2002
MEMORANDUM OPINION AND JUDGMENT
No. 4532
Raymond H. Bronson pleaded no contest to driving while intoxicated (DWI), reserving his right to appeal the denial of his motion to suppress. On appeal, he contends that District...
Busby v. State - 2/1/2002
No. 1785
Thomas Busby is a former Alaska resident whose driver's license was revoked while he was living here. Busby later moved to Nicaragua, where he obtained an international driving permit under the provisions of the United...
Palombia v. State - 1/9/2002
MEMORANDUM OPINION AND JUDGMENT
No. 4518
Introduction
Leonard Palombia was convicted of felony driving while intoxicated, a class C felony, and assault in the fourth degree, a class A misdemeanor. Superior Court...
Wright v. State - 1/4/2002
No. 1782
Thomas Wright stands charged with two misdemeanors in the Yakutat district court (driving while intoxicated and refusing to submit to a breath test). At Wright's arraignment on June 14, 2001, his case was assigned to...
Brockway v. State - 12/21/2001
No. 1777
David Brockway pleaded no contest to third-degree weapons misconduct (felon in possession of a concealable firearm). Because Brockway had two felony convictions from 1996, he faced a 2-year presumptive term for his...
Glaser v. State - 12/12/2001
MEMORANDUM OPINION AND JUDGMENT
No. 4510
On April 19, 2000, Michael J. Glaser was traveling southbound on the Seward Highway when he lost control of his pickup truck, crossed the center line, and collided head on with a...
Gottschalk v. State - 11/23/2001
No. 1774
This appeal presents two issues, one involving Alaska's speedy trial rule (Criminal Rule 45) and the other involving the propriety of a peremptory challenge exercised by the prosecutor.
Clayton W. Gottschalk was...
Stewart v. State - 11/21/2001
In the early morning of November 8, 1999, a woman robbed the Carrs grocery on Jewel Lake Road in Anchorage. The robber ran from the store and got into a vehicle driven by Morris B. Stewart. Police officers pursued Stewart through the...
Lervick v. State - 10/31/2001
No. 4483
MEMORANDUM OPINION AND JUDGMENT
Following a jury trial before District Court Judge pro tem Teresa R. Chenhall, Clifford G. Lervick was convicted of one count of driving while intoxicated (DWI) and refusal to...
Benton v. State - 10/24/2001
MEMORANDUM OPINION AND JUDGMENT
No. 4475
MANNHEIMER, Judge, concurring.
Mark S. Benton claims the superior court imposed an excessive sentence when it revoked his probation and imposed the balance of his suspended...
Williams v. State - 10/17/2001
MEMORANDUM OPINION AND JUDGMENT
No. 4473
Aaron R. Williams, Jr., was convicted of felony driving while intoxicated. Superior Court Judge Peter G. Ashman sentenced Williams to four years with two years suspended. Judge...
Agli v. State - 10/10/2001
MEMORANDUM OPINION AND JUDGMENT
No. 4467
Joel D. Agli drove while intoxicated and ran head-on into another vehicle. He killed two people and injured two others. For this conduct, the superior court sentenced Agli to a...
Moses v. State - 10/5/2001
Following a jury trial, Jonathan Moses was convicted for driving while intoxicated (DWI) and refusing to submit to a chemical test (refusal). On appeal, Moses contends that District Court Judge Jane F. Kauvar erred when she found...
Baker v. State - 10/3/2001
No. 4464
MEMORANDUM OPINION AND JUDGMENT
Darrell J. Baker was convicted of felony driving while intoxicated and driving while his license was revoked. Superior Court Judge pro tem Gregory J. Motyka sentenced Baker to serve...
Snyder v. State - 9/28/2001
No. 5480
EASTAUGH, Justice, concurring.
BRYNER, Justice, concurring.
I. INTRODUCTION
Dennis Snyder was convicted of driving while intoxicated and refusal to take a breath alcohol test, but in a previous...
Dore v. City of Fairbanks - 9/28/2001
No. 5475
I. INTRODUCTION
On April 29, 1986, Jack Dore killed his wife Carmen Dore and then killed himself. Seven days earlier, the Fairbanks police had obtained a warrant for Jack Dore's arrest for harassing Carmen. More...
Tyler v. State - 9/14/2001
No 1763
On May 18, 2001, this court ordered attorney Eugene B. Cyrus to show cause why sanctions should not be imposed on him under Appellate Rule 510(c) for his conduct in this appeal. Having considered Mr. Cyrus's response,...
Manor v. State - 9/12/2001
MEMORANDUM OPINION AND JUDGMENT
No. 4443
Kenneth L. Manor pled no contest to fourth-degree assault and to driving while intoxicated (DWI), both class A misdemeanors. District Court Judge Samuel D. Adams sentenced Manor to...
Baker v. State - 8/24/2001
Fred A. Baker was convicted of felony refusal to submit to a breath test and felony driving while intoxicated (DWI), both class C felonies. Baker was a third felony offender for purposes of presumptive sentencing, so he faced a...
Johnson v. State - 8/22/2001
No. 4433
MEMORANDUM OPINION AND JUDGMENT
David A. Johnson was accused of burglary in the first degree and assault in the first degree. The state's theory at trial was that Johnson and an unidentified female unlawfully...
MacLeod v. State - 8/17/2001
No. 1759
In the early morning of January 1, 2000, Alaska State Trooper Sergeant Lee Oly arrested eighteen-year-old Bradley A. MacLeod for driving while intoxicated. MacLeod submitted to a breath test, which showed that his...
Hutchison v. State - 7/25/2001
Grant T. Hutchison appeals his convictions for felony driving while intoxicated and driving with a revoked license. He contends that certain statements he made to the police should be suppressed because he was not advised of his...
Hernandez v. State - 7/20/2001
William A. Hernandez appeals his conviction for driving while intoxicated. He claims that the police deterred him from exercising his right to obtain an independent blood test, by leading him to believe that the result of the blood...
Lanni v. State - 6/27/2001
MEMORANDUM OPINION AND JUDGMENT
No. 4415
Douglas W. Lanni was convicted of manslaughter, a class A felony and driving while intoxicated, a class A misdemeanor. Superior Court Judge Niesje J. Steinkruger sentenced Lanni to...
Anchorage Police Dept. Employees Association v. Municipality of Anchorage - 6/15/2001
No. 5423
MATTHEWS, Chief Justice, dissenting.
I. INTRODUCTION
The superior court found constitutionally valid a policy adopted by the Municipality of Anchorage (Municipality) that subjects police and fire department...
Moussouras v. Municipality of Anchorage - 6/13/2001
MEMORANDUM OPINION AND JUDGMENT
No. 4408
Following a bench trial before District Court Judge Peter G. Ashman, Andreas P. Moussouras was convicted of driving while intoxicated (DWI). Moussouras appeals, essentially claiming...
State v. Sivertsen - 6/13/2001
MEMORANDUM OPINION AND JUDGMENT
No. 4407
This case has returned to us following a remand to the district court for additional findings of fact. We will begin our discussion with a brief summary of facts.
When officers...
Hutchison v. State - 6/8/2001
We are asked to decide whether extreme intoxication can constitute a defense to a charge of failure to appear under the former (pre-September 2000) version of AS 12.30.060. As this statute was worded prior to September 4, 2000, a...
Ornquist v. State - 6/6/2001
MEMORANDUM OPINION AND JUDGMENT
No. 4405
Dwight D. Ornquist appeals his convictions for felony driving while intoxicated and felony refusal to submit to a breath test. Ornquist contends that the officer who arrested him...
Ragsdale v. State - 6/1/2001
No. 1746
Bobby R. Ragsdale was convicted of second-degree sexual assault under AS 11.41.420(a)(3) for engaging in sexual penetration with a woman who was so intoxicated that she was either incapacitated or unaware of the sexual...
Sanden v. State - 5/30/2001
MEMORANDUM OPINION AND JUDGMENT
No. 4403
Charles W. Sanden was convicted of one count of felony driving while intoxicated (DWI) after a bench trial. He appeals, contending that the superior court erroneously found that...
C.W. v. State - 5/25/2001
No. 5415
I. INTRODUCTION
Finding that C.W. had abandoned his young child, J.S., the superior court terminated C.W.'s parental rights. C.W. argues that termination violated the Children in Need of Aid (CINA) statute and...
Tyler v. State - 5/18/2001
No. 1743
David A. Tyler was convicted of felony DWI - i.e., driving while intoxicated after having been twice before convicted of DWI and/or breath-test refusal within the preceding five years. He now appeals his conviction to...
Rock v. State - 5/9/2001
MEMORANDUM OPINION AND JUDGMENT
No. 4395
Alaska State Troopers, investigating a hit-and-run accident, arrived at the residence of Carolyn S. Rock and knocked on the door. Rock answered the door and the troopers informed her...
Jordan v. State - 5/9/2001
MEMORANDUM OPINION AND JUDGMENT
No. 4388
A jury convicted Melanie J. Jordan of felony driving while intoxicated and fourth-degree theft, but hung on the charge of felony refusal to submit to a chemical test. Jordan...
Schroeder v. State - 5/9/2001
MEMORANDUM OPINION AND JUDGMENT
No. 4393
Following a bench trial before District Court Judge Mark I. Wood, Don Kelly Schroeder was convicted of driving while intoxicated (DWI). Schroeder appeals, arguing that Judge Wood...
Haskins v. Municipality of Anchorage - 5/4/2001
No. 1738
On the evening of January 22, 1999, two Anchorage police officers were on their way home at the end of their shift when they heard their dispatcher report a hit-and-run. The two officers were close to the location of...
Baum v. State - 3/30/2001
This appeal presents two major issues of law dealing with the range of permissible punishments for big-game guiding offenses. First, when a person is convicted of a big-game guiding offense, does forfeiture of an airplane worth...
Collard v. State - 3/21/2001
MEMORANDUM OPINION AND JUDGMENT
No. 4364
MANNHEIMER, Judge, dissenting.
Following a jury trial, Robert Collard was convicted of driving while intoxicated (DWI). He had been indicted on one count of felony DWI, but...
Rose v. State - 3/21/2001
MEMORANDUM OPINION AND JUDGMENT
No. 4363
Roger B. Rose, Jr., was convicted of burglary in the first degree, attempted murder in the first degree, and arson in the first degree. Rose was fifteen years old at the time he...
Nicklie v. State - 3/21/2001
MEMORANDUM OPINION AND JUDGMENT
No. 4360
Robert D. Nicklie contends that Superior Court Judge pro tem Jane F. Kauvar erred in refusing to dismiss a charge of felony driving while intoxicated on the ground that the state...
Pitka v. State - 3/16/2001
No. 1728
This case raises an issue concerning the proper application of Criminal Rule 45(c)(1). This rule governs calculation of the time for bringing a defendant to trial on additional charges that are filed after the initial...
Dawson v. State - 2/14/2001
MEMORANDUM OPINION AND JUDGMENT
[No. 4354 - February 14, 2001]
Appeal from the Superior Court, Third Judicial District, Anchorage, Elaine M. Andrews, Judge.
On April 19, 1997, Carlos Dawson twice sold cocaine to Grace...
Lyon v. State - 2/14/2001
MEMORANDUM OPINION AND JUDGMENT
[No. 4353 - February 14, 2001]
Appeal from the Superior Court, Third Judicial District, Valdez, Joel H. Bolger, Judge.
Jody B. Lyon was convicted of first-degree vehicle theft and...
Miller v. State - 2/9/2001
[No. 1719 - February 9, 2001]
Appeal from the Superior Court, Fourth Judicial District, Fairbanks, Niesje J. Steinkruger and Jane F. Kauvar, Judges.
While investigating a fire of suspicious origins, the police questioned...
State v. Ward - 2/9/2001
[No. 1721 - February 9, 2001]
Appeal from the District Court, Third Judicial District, Anchorage, Gregory J. Motyka, Judge.
Walter Lee Ward was charged with felony driving while intoxicated (DWI). The district court...
Ritter v. State - 1/19/2001
[No. 1715 - January 19, 2001]
This appeal presents us with two important questions of law.
The first question concerns the proper scope of a Cooksey plea - a plea of no contest, with the defendant preserving the right to...
Negron v. State - 1/17/2001
MEMORANDUM OPINION AND JUDGMENT
[No. 4342- January 17, 2001]
Appeal from the Superior Court, Fourth Judicial District, Fairbanks, Mary E. Greene, Judge.
MANNHEIMER, Judge, concurring.
After the police arrested...
Coty v. State - 1/10/2001
MEMORANDUM OPINION AND JUDGMENT
[No. 4332 - January 10, 2001]
Following a jury trial, William L. Coty was convicted of felony Driving While Intoxicated (DWI). In this appeal, he contends that Criminal Rule 45, the speedy...
State v. Sivertsen - 1/10/2001
MEMORANDUM OPINION AND JUDGMENT
[No. 4337 - January 10, 2001]
James D. Sivertsen was charged with Driving While Intoxicated (DWI) in violation of Ketchikan Municipal Code 10.40.030(a). Sivertsen moved to suppress evidence...
Samskar v. State - 1/10/2001
MEMORANDUM OPINION AND JUDGMENT
[No. 4339 - January 10, 2001]
John A. Samskar was convicted of various charges arising from an incident in which he repeatedly fired a gun in a trailer court. He appeals, contending that the...
Alexander v. Municipality of Anchorage - 12/15/2000
[No. 1710 - December 15, 2000]
MANNHEIMER, Judge, dissenting.
Following a bench trial on stipulated facts, District Court Judge James N. Wanamaker convicted Gregory L. Alexander of driving while intoxicated (DWI), a...
State of Alaska - 12/15/2000
[No. 5346 - December 15, 2000]
I. INTRODUCTION
The Department of Motor Vehicles (DMV) revoked Patrick Niedermeyer's driver's license after Niedermeyer was arrested for underage consumption of alcohol. Because DMV's...
Hutchison v. State - 12/13/2000
MEMORANDUM OPINION AND JUDGMENT
[No. 4323 - December 13, 2000]
Appeal from the Superior Court, Second Judicial District, Barrow, Michael I. Jeffery, Judge.
Grant T. Hutchison appeals the composite sentence he received...
Rust v. State - 12/6/2000
MEMORANDUM OPINION AND JUDGMENT
[No. 4312 - December 6, 2000]
Appeal from the Superior Court, Third Judicial District, Anchorage, Milton M. Souter, Judge.
On January 9, 1995, William A. Rust was driving from Eagle...
Green v. State - 11/22/2000
MEMORANDUM OPINION AND JUDGMENT
[No. 4310 - November 22, 2000]
Appeal from the Superior Court, First Judicial District, Juneau, Jay A. Rabinowitz, Judge.
Kenneth L. Green was tried in the Juneau superior court on...
Kingsley v. State - 11/9/2000
[No. 1704 - November 9, 2000]
The crime defined in AS 28.35.030(a) is usually referred to as "driving while intoxicated". The text of this statute speaks of a person who "operates or drives a motor vehicle". Nevertheless, an...
McKinley v. State - 11/8/2000
MEMORANDUM OPINION AND JUDGMENT
[No. 4305 - November 8, 2000]
Appeal from the District Court, Third Judicial District, Anchorage, Sigurd E. Murphy, Judge.
Michael R. McKinley was convicted of driving while...
Johnson v. State - 11/8/2000
MEMORANDUM OPINION AND JUDGMENT
[No. 4303 - November 8, 2000]
Appeal from the Superior Court, Third Judicial District, Anchorage, Milton M. Souter, Judge.
Shawn P. Johnson was convicted of third-degree assault, ...
Bovee v. Municipality of Anchorage - 11/8/2000
MEMORANDUM OPINION AND JUDGMENT
[No. 4306 - November 8, 2000]
Appeal from the District Court, Third Judicial District, Anchorage, Natalie K. Finn, Judge.
Phyllis Bovee appeals her conviction for driving while...
Griffin v. State - 10/6/2000
[No. 1693 - October 6, 2000]
Appeal from the Superior Court, Third Judicial District, Palmer, Eric Smith, Judge.
Michael S. Griffin, a defendant with a long history of burglaries and thefts, was convicted of a number of...
Foley v. State - 10/6/2000
[No. 1692 - October 6, 2000]
Appeal from the Superior Court, Third Judicial District, Anchorage, Gregory J. Motyka, Judge.
Jake W. Foley received a sentence of 5 years' imprisonment -the maximum permissible sentence - for...
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