Botson v. Municipality of Anchorages

OPINION

BOLGER, Justice.

I. INTRODUCTION

John Botson was arrested for driving under the influence. According to a breath test, his blood alcohol level was .141. The police officer informed Botson of his constitutional right to an independent chemical test, which Botson declined. But unbeknownst to Botson and the police officer administering the test, the breath test device had produced an error code related to one of its quality assurance mechanisms.

Botson argues that his breath test result was inadmissible under the Anchorage Municipal Code, which requires breath tests to be conducted in…