State v. Simpson

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 aleohol level. The State charged Gregory Simpson with felony driving while intoxicated (DW1) 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 those convictions were constitutionally suspect under Alaska law because his right to an independent test was not constitutionally protected in…