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PILANT v. STATE

No. A-8708.

115 P.3d 579 (2005)

Mark W. PILANT, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

June 24, 2005.

Attorney(s) appearing for the Case

Brooke Browning, Assistant Public Defender, Kenai, and Barbara K. Brink, Public Defender, Anchorage, for the Appellant.

Marilyn J. Kamm, Assistant Attorney General, and Gregg D. Renkes, Attorney General, Juneau, for the Appellee.

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

OPINION

MANNHEIMER, Judge.

Mark W. Pilant was arrested for driving while under the influence. Following his arrest, Pilant submitted to a breath test; this test showed that his blood alcohol level was .078 percent. At Pilant's trial, the jurors were instructed that if they concluded that the breath test was properly administered, then they were allowed to infer that Pilant's blood alcohol level was at least...

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