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GUERRE-CHALEY v. STATE

No. A-8473.

88 P.3d 539 (2004)

Ute GUERRE-CHALEY, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

April 9, 2004.

Attorney(s) appearing for the Case

Michael A. Stepovich, Fairbanks, for the Appellant.

Jason Gazewood, Assistant District Attorney, Jeffrey O'Bryant, District Attorney, Fairbanks, and Gregg D. Renkes, Attorney General, Juneau, for the Appellee.

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

OPINION

MANNHEIMER, Judge.

Ute Guerre-Chaley1 was arrested for driving while intoxicated.2 During her encounter with the police, Guerre-Chaley submitted to a "preliminary breath test"—i.e., a breath test on a portable testing device carried by the police officer. According to this preliminary breath test, Guerre-Chaley's blood alcohol content was 0.079 percent. (The legal limit...

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