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OLSON v. STATE

No. S-13595.

260 P.3d 1056 (2011)

Frank J. OLSON, Petitioner, v. STATE of Alaska, Respondent.

Supreme Court of Alaska.

September 23, 2011.

Attorney(s) appearing for the Case

Julia D. Moudy , Assistant Public Defender, and Quinlan Steiner , Public Defender, Anchorage, for Petitioner.

Kenneth M. Rosenstein , Assistant Attorney General, Anchorage, and Daniel S. Sullivan , Attorney General, Juneau, for Respondent.

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

OPINION

CHRISTEN, Justice.

I. INTRODUCTION

Frank Olson was arrested in Anchorage for driving while intoxicated. At the police station he refused to submit to a breath test. An officer advised him of the consequences for refusing to take the test using an implied consent form, but the form contained information that was out of date; it stated that refusal was a felony if the arrestee had been convicted of DWI or refusal twice within the previous...

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