Ahsogaek v. State

OPINION

COATS, Judge.

Evans Ahsogaek was charged with driving while intoxicated for driving with a blood alcohol level of .10 percent or more, in violation of AS 28.35.030(a)(2). According to the complaint a breathalyzer examination showed that Ahsogaek had a blood alcohol level of .27 percent. Prior to trial the defendant asked the court for a protective order preventing the state from admitting into evidence the results of the breathalyzer examination. The defendant argued that the results of the breathalyzer test should be inadmissible because the records for the breathalyzer instrument…