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BUSHNELL v. STATE

No. A-6944.

5 P.3d 889 (2000)

Albert Steven BUSHNELL, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

July 21, 2000.

Attorney(s) appearing for the Case

Sharon Barr, Assistant Public Defender, and Barbara K. Brink, Public Defender, Anchorage, for Appellant.

Kenneth M. Rosenstein and Ben M. Herren, Assistant Attorneys General, Office of Special Prosecutions and Appeals, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

Before COATS, Chief Judge, and MANNHEIMER and STEWART, Judges.

OPINION

COATS, Chief Judge.

Following a jury trial, Albert Steven Bushnell was convicted of felony driving while intoxicated (DWI).1 During the trial, the state admitted evidence of his breath test which indicated that his breath alcohol content (BAC) was .109 percent. Alaska Statute 28.40.060 provides that:

Except for an offense under AS 28.35.280, if an offense described under this title requires that a chemical...

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