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STATE v. SIMPSON

No. A-8367.

73 P.3d 596 (2003)

STATE of Alaska, Petitioner, v. Gregory SIMPSON, Respondent.

Court of Appeals of Alaska.

Rehearing Denied July 31, 2003.

Attorney(s) appearing for the Case

W.H. Hawley, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Petitioner.

Frederick T. Slone, Kasmar and Slone, P.C., Anchorage, for Respondent.

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

OPINION

COATS, Chief Judge.

Under the due process clause of the Alaska Constitution, a person arrested for driving while intoxicated is entitled to an independent test of his blood alcohol level. The State charged Gregory Simpson with felony driving while intoxicated (DWI) based in part upon two prior California convictions for diving while intoxicated. Simpson moved to suppress the State's use of his prior California convictions on the ground that...

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