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LUNDQUIST v. DEPARTMENT OF PUBLIC SAFETY

No. 7075.

674 P.2d 780 (1983)

James LUNDQUIST and Alice Lundquist, individually and as personal representatives of the Estate of Dana J. Lundquist, Appellants, v. DEPARTMENT OF PUBLIC SAFETY, State of Alaska, Appellee.

Supreme Court of Alaska.

December 9, 1983.

Attorney(s) appearing for the Case

Charles E. Cole and Stephan H. Williams, Law Offices of Charles E. Cole, Fairbanks, for appellants.

William G. Mellow, Asst. Atty. Gen., Norman C. Gorsuch, Atty. Gen., Juneau, for appellee.

Before BURKE, C.J., MATTHEWS and COMPTON, JJ., and BUCKALEW, Judge.

OPINION

COMPTON, Justice.

Under AS 28.35.032, the Department of Public Safety (the "Department") must suspend or revoke the driver's license of a person who is believed to be operating a motor vehicle while intoxicated and who refuses to submit to a chemical analysis of his breath.1 The issue in this appeal is whether AS 28.35.032 creates a duty by the Department toward the public which, if breached, can form the basis of a cause...

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