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WHISENHUNT v. DEPT. OF PUBLIC SAFETY

S-1467.

746 P.2d 1298 (1987)

Robert D. WHISENHUNT, Appellant, v. STATE of Alaska, DEPARTMENT OF PUBLIC SAFETY, DIVISION OF MOTOR VEHICLES, Appellee.

Supreme Court of Alaska.

December 4, 1987.

Attorney(s) appearing for the Case

William K. Walker, Anchorage, for appellant.

Teresa Williams, Asst. Atty. Gen., Grace Berg Schaible, Atty. Gen., Juneau, for appellee.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

MATTHEWS, Justice.

In Copelin v. State, 659 P.2d 1206 (Alaska 1983), we held that a person arrested for operating a motor vehicle while intoxicated has a right to consult a lawyer before being required to decide whether to submit to a breathalyzer test. We also held that if this right is violated then the test results should be suppressed in an ensuing criminal prosecution.1 The...

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