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BLUEL v. STATE

No. S-11564.

153 P.3d 982 (2007)

Rodney K. BLUEL, Petitioner, v. STATE of Alaska, Respondent.

Supreme Court of Alaska.

March 9, 2007.

Attorney(s) appearing for the Case

William R. Satterberg, Jr., Fairbanks, for Petitioner.

Kenneth M. Rosenstein, Assistant Attorney General, Anchorage, and David W. Márquez, Attorney General, Juneau, for Respondent.

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

OPINION

BRYNER, Chief Justice.

I. INTRODUCTION

After being arrested for driving while intoxicated, Rodney Bluel failed the mandatory breath test and then declined when asked if he wanted an optional blood test. At trial, after Bluel testified that he had been surprised by his failing score on the breath test, the state was allowed to impeach his claim of surprise by asking about his refusal...

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