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VALENTINE v. STATE

No. S-12692.

215 P.3d 319 (2009)

Douglas Leroy VALENTINE, Petitioner, v. STATE of Alaska, Respondent.

Supreme Court of Alaska.

August 28, 2009.

Attorney(s) appearing for the Case

Robert John, Law Office of Robert John, and Lawrence F. Reger, McConahy, Zimmerman & Wallace, Fairbanks, for Petitioner.

Eric A. Ringsmuth, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Talis J. Colberg, Attorney General, Juneau, for Respondent.

Before: FABE, Chief Justice, EASTAUGH, CARPENETI, WINFREE, and CHRISTEN, Justices.

OPINION

FABE, Chief Justice.

I. INTRODUCTION

In 2004 the Alaska Legislature made two significant changes to the driving under the influence (DUI) law. First, the legislature amended subsection (a)(2) of AS 28.35.030 to provide that a person commits a DUI offense if the person takes a chemical test within four hours of driving that detects a blood alcohol level of at least 0.08 percent, regardless of the person's blood alcohol at the time...

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