Puller v. Municipality of Anchorage

OPINION

Before BOOCHEVER, C. J., and RABI-NOWITZ, CONNOR, BURKE and MATTHEWS, JJ. BOOCHEVER, Chief Justice.

Appellant James Puller was arrested in Anchorage and charged with driving while intoxicated. 1 At trial in district court, Puller moved to suppress evidence of his refusal to take a breathalyzer test. The motion was denied; and evidence was admitted, over Puller’s objection, indicating that Puller refused a breathalyzer test. The jury was instructed that it could consider Puller’s ■ refusal to submit to the test as evidence of guilt of the offense of driving while intoxicated. 2 Puller…