(Download) "Johnny K. Ahtuangaruak v. State Alaska" by Court Of Appeals Of Alaska ~ eBook PDF Kindle ePub Free
eBook details
- Title: Johnny K. Ahtuangaruak v. State Alaska
- Author : Court Of Appeals Of Alaska
- Release Date : January 08, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Johnny K. Ahtuangaruak was charged with driving while intoxicated, AS 28.35.030(a)(1) and (2). He asked the district court
to suppress the results of the breath test that had been administered to him following his arrest. District Court Judge Martha
Beckwith denied Ahtuangaruak's motion. Following this ruling, Ahtuangaruak consented to a bench trial on stipulated facts;
he was convicted. Ahtuangaruak now appeals, renewing his argument that the district court should have suppressed the breath
test results. We reverse Ahtuangaruak's conviction. Under AS 28.35.031(a), Ahtuangaruak's arrest for driving while intoxicated obliged him to submit to a chemical test or tests
of his breath. Under Gundersen v. Anchorage, 792 P.2d 673 (Alaska 1990), and Anchorage v. Serrano, 649 P.2d 256 (Alaska App.
1982), Ahtuangaruak's decision to submit to chemical testing of his breath gave him a due process right to independent testing
of the breath test result. Gundersen and Serrano allow the government at least two different methods of honoring this right:
(1) preserving a breath sample for later testing, or (2) offering the arrestee assistance in obtaining an independent breath
or blood test. Gundersen, 792 P.2d at 676-77; Serrano, 649 P.2d at 258 n.5. 1
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