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WIRZ v. STATE

No. 3516.

577 P.2d 227 (1978)

Robert S. WIRZ and David Meade, Appellants, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

April 7, 1978.

Attorney(s) appearing for the Case

R. Michael Jackson, Kay, Christie, Fuld & Saville, Anchorage, for appellants.

Mary Anne Henry, Asst. Dist. Atty., Joseph D. Balfe, Dist. Atty., Anchorage, and Avrum M. Gross, Atty. Gen., Juneau, for appellee.

Before BOOCHEVER, C.J., and RABINOWITZ, CONNOR, BURKE and MATTHEWS, JJ.

OPINION

RABINOWITZ, Justice.

Appellant Wirz was arrested1 for the offense of operating a motor vehicle while under the influence of intoxicating liquor in violation of AS 28.35.030. Subsequent to his arrest, Wirz was taken to the police station where a breathalyzer test was administered. Wirz did not refuse to take the breathalyzer test when requested to do so by the arresting officer. In the district court, Wirz moved to suppress...

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