Snyder v. State

I disagree with Part III.A of the court’s decision. The court there holds that “the Due Process Clause of the Alaska Constitution entitles a DWI arrestee to an independent chemical test even if that person refuses to take the statutorily prescribed breath test.” Op. at 1277. In my view, the Due Process Clause confers no such right.

This is a DWI case, but it appears to me that the result the court reaches here has much broader implications. Absent legitimate public safety concerns, police may not prevent an accused from gathering exculpatory evidence, and consequently may not prevent a DWI…