Legal Opinion

Valentine v. State

Alaska Supreme Court

Decided August 28, 2009No. S-12692PublishedCited by 13 opinions

1Opinion of the Court

OPINION

FABE, Chief Justice.

I. INTRODUCTION

In 2004 the Alaska Legislature made two significant changes to the driving under the influence (DUI) law. First, the legislature amended subsection (a)(2) of AS 28.35.080 to provide that a person commits a DUI offense if the person takes a chemical test within four hours of driving that detects a blood alcohol level of at least 0.08 percent, regardless of the person's blood aleohol at the time of driving. This is known as the "blood-aleohol-level" theory of DUI. Second, the legislature barred defendants charged with DUI from presenting a…

2Cases cited12 opinions

  1. United States v. SchefferSupreme Court of the United States · 1998
  2. Holmes v. South CarolinaSupreme Court of the United States · 2006
  3. Montana v. EgelhoffSupreme Court of the United States · 1996
  4. Neitzel v. StateCourt of Appeals of Alaska · 1982
  5. Smithart v. StateAlaska Supreme Court · 1999

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3Cited by13 opinions

  1. Titus v. State, Dept. of Administration, Division of Motor VehiclesAlaska Supreme Court · 2013
  2. Jordan v. StateAlaska Supreme Court · 2018
  3. Sanders v. StateAlaska Supreme Court · 2015
  4. Solomon v. StateCourt of Appeals of Alaska · 2010
  5. Resource Development Council for Alaska, Inc.; Alaska Trucking Association, Inc.; Alaska Miners Association, Inc.; Associated General Contractors of Alaska; Alaska Chamber; and Alaska Support Industry Alliance v. Kevin Meyer, in his Official Capacity as Lt. Governor of the State of Alaska; Gail Fenumiai, in her Capacity as Direction of the Alaska Division of Elections; the State of Alaska, Division of Elections; and Vote Yes for Alaska's Fair Share, Vote Yes for Alaska's Fair Share v. Resource Development Council for Alaska, Inc.; Alaska Trucking Association, Inc.; Alaska Miners Association, Inc.; Associated General Contractors of Alaska; Alaska Chamber; and Alaska Support Industry Alliance v. Kevin Meyer, in his Official Capacity as Lt. Governor of the State of Alaska; Gail Fenumiai, in her Capacity as Direction of the Alaska Division of Elections; the State of Alaska, Division of ElectionsAlaska Supreme Court · 2021

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