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SOSA v. STATE

Nos. S-8840.

4 P.3d 951 (2000)

Juan SOSA, Petitioner, v. STATE of Alaska, Respondent.

Supreme Court of Alaska.

June 16, 2000.

Attorney(s) appearing for the Case

Quinlan Steiner, Assistant Public Defender, and Barbara K. Brink, Public Defender, Anchorage, for Petitioner.

Kenneth M. Rosenstein, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Respondent.

Before MATTHEWS, Chief Justice, EASTAUGH, FABE, BRYNER, and CARPENETI, Justices.

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

In two specific circumstances Alaska's implied consent statutes permit a driver's blood to be drawn for chemical testing for evidence of driving while intoxicated (DWI). Those circumstances do not include unavailability of a breath testing device.1 Because no functioning breath testing device was then available, a magistrate issued a search warrant permitting...

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