Alaska DUI Process and Procedure

The following information is an overview of the Alaska criminal DUI process. The process may differ on a case-by-case basis depending on the nature of the charges. For more information on the administrative process that occurs as a result of an administrative license suspension through the Department of Motor Vehicles, click on the Alaska Driving tab.

The Alaska Criminal Process Stages for AK DUI Cases

ARRAIGNMENT

The first court appearance following a DUI arrest in Alaska is called the arraignment. At this hearing, you will go before a judge who will read you the charges that have been filed against you and ask you to enter a plea. If you enter a plea of guilty, the judge will impose a sentence. If you plead not guilty, your case will be set for trial. In some cases, the judge may impose certain conditions the DUI defendant must comply with while their case is pending, such as a prohibition on the consumption of alcohol.

**NOTE - The process for felony DUI offenses is different than what occurs in misdemeanor DUI cases. If charged with a felony, you will be charged by a grand jury indictment and your case trial will be held in Superior Court.

PRETRIAL HEARINGS

Once your case has been set for trial, the next court appearance is called a pretrial hearing. The purpose of pretrial hearings is to update the judge on the progression of your case. Issues of discovery and scheduling conflicts may also be dealt with at this time. A pretrial conference with the prosecutor may result in the negotiation of a plea. If a plea agreement is reached, it will be formally entered on the record before the court. If plea negotiations are unsuccessful, the case will proceed to trial.

PRETRIAL MOTION HEARINGS

Alaska DUI defense attorneys who wish to have certain issues resolved prior to trial, such as the suppression of evidence, must file a motion with the court. A motion hearing will take place wherein the defense attorney will make his/her arguments. Pretrial motion hearings are like mini trials that deal exclusively with the issue that is presented in the motion. Witnesses may be called to testify and evidence may be reviewed. A motion to suppress evidence of the chemical test result is the most common defense motion in non-refusal DUI cases. If after the judge grants the motion to suppress, any evidence of the chemical test and the result will not be admissible at trial.

TRIAL

Most Alaska DUI cases are resolved prior to trial, but Alaska's Constitution provides a right to a trial by jury in any case in which the defendant faces imprisonment upon conviction. There are two types of trials in Alaska DUI cases - bench trials and jury trials.

Bench trials occur in cases where jury trails are not available (when there is no possibility for a jail sentence). In a bench trial, the judge will act as both judge and jury, determining the issues of fact as well as the issues of law. A defendant may also elect to waive his right to a jury trial and request that a bench trial be held instead. Bench trials may be more desirable in cases involving complex legal issues and scientific evidence that would be difficult for a jury to understand. Waiving the right to a jury trial is a strategic decision that should be discussed with an experienced attorney.

In a jury trial, the judge will preside over the case and resolve issues of law while a jury will determine the issues of fact. Once both the prosecutor and the defense have presented all of their arguments, evidence, and witness testimony, the jury will return to a deliberation room until they reach a verdict. Once a decision has been made, the verdict will be read on the record. If the verdict is not guilty, the case will be dismissed. If the jury returns a guilty verdict, the judge will impose a sentence or, if necessary, a sentencing hearing will be held to determine the conditions of the punishment.

APPEAL

If the trial court issues a guilty verdict, then the Alaska DUI defendant has an opportunity to appeal to the higher courts for review. Requests for appeals must be made timely in accordance with the rules of appellate procedure, or the defendant's right to appeal will be considered "waived."