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COLEMAN v. STATE

No. 7215.

658 P.2d 1364 (1983)

Walter W. COLEMAN, Jr., Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

March 4, 1983.

Attorney(s) appearing for the Case

Larry Cohn, Birch, Horton, Bittner, Pestinger & Anderson, Anchorage, for appellant.

Russell S. Babcock, Asst. Dist. Atty., Victor C. Krumm, Dist. Atty., Anchorage, and Norman C. Gorsuch, Atty. Gen., Juneau, for appellee.

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

OPINION

BRYNER, Chief Judge.

Walter W. Coleman, Jr., appeals his conviction of driving while intoxicated (DWI), in violation of AS 28.35.030. Coleman asserts that evidence of his refusal to take a breathalyzer test was improperly admitted at trial, in violation of his constitutional right against self-incrimination.

Under the express terms of AS 28.35.032(e), evidence of refusal to submit to a breathalyzer test is admissible at trial if the defendant...

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