STATE v. EVANS

Court of Appeals No. A-11865.

378 P.3d 413 (2016)

STATE of Alaska, Petitioner, v. David EVANS, Respondent.

Court of Appeals of Alaska.

September 2, 2016.


Attorney(s) appearing for the Case

Kenneth M. Rosenstein , Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Michael C. Geraghty , Attorney General, Juneau, for the Petitioner.

Myron Angstman , Angstman Law Office, Bethel, for the Respondent.

Before: Mannheimer, Chief Judge, Allard, Judge, and Suddock, Superior Court Judge.


OPINION

David Evans was arrested for driving under the influence. When Evans refused to take a breath test, the police obtained a search warrant to draw a sample of his blood. A test of that sample showed that Evans had a blood-alcohol level of .094 percent, which is over the legal limit of .08.1

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