Zsupnik v. State

OPINION

COMPTON, Justice.

This is a review of the decision of the court of appeals in Zsupnik v. State, 772 P.2d 1098 (Alaska App.1989). It presents the issue of whether breath test evidence taken from a person arrested for DWI should be excluded when that person has been denied a request to contact a relative with the intent to obtain legal representation before administration of the breath test.

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I. FACTUAL AND PROCEDURAL BACKGROUND

The facts are simple and not in dispute. The court of appeals summarized them as follows:

(Nani) Zsupnik was arrested for DWI in Valdez. Upon arrest, she repeatedly…