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KLEPZIG v. MUNICIPALITY OF ANCHORAGE

No. 6936.

661 P.2d 1096 (1983)

Rodney C. KLEPZIG, Appellant, v. MUNICIPALITY OF ANCHORAGE, Appellee.

Court of Appeals of Alaska.

April 29, 1983.

Attorney(s) appearing for the Case

Ben J. Esch, Dickson, Evans & Esch, Anchorage, for appellant.

James F. Wolf, Municipal Prosecutor, and Jerry Wertzbaugher, Municipal Atty., Anchorage, for appellee.

Before BRYNER, C.J., and COATS and SINGLETON, JJ.

OPINION

COATS, Judge.

In Municipality of Anchorage v. Serrano, 649 P.2d 256 (Alaska App. 1982), this court held that in cases involving a charge of driving while intoxicated:

the due process clause of the Alaska Constitution requires the prosecution to make reasonable efforts to preserve a breath sample or to take other steps to allow a defendant to verify the results of the breathalyzer test.

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