CONRAD v. STATE

No. A-8065.

54 P.3d 313 (2002)

Charles J. CONRAD, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

September 27, 2002.


Attorney(s) appearing for the Case

Eugene B. Cyrus, Law Office of Eugene Cyrus, P.C., Eagle River, for Appellant.

Robert J. Collins, Assistant District Attorney, Palmer, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

Before: COATS, Chief Judge, and MANNHEIMER and STEWART, Judges.


OPINION

STEWART, Judge.

This case requires us to construe the offense of driving while intoxicated under AS 28.35.030(a)(2). This subsection of the statute makes it a crime to operate or control a motor vehicle "when, as determined by a chemical test taken within four hours after the alleged offense," a person's blood contains 0.08 percent or more alcohol (by weight) or a person's breath contains 0.08 grams or more alcohol per 210 liters.

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