Klemz v. State

OPINION

MANNHEIMER, Judge.

Thomas E. Klemz, who was on felony probation for driving under the influence, arrived for a meeting with his Kenai probation officer, Ruben Foster. While Klemz was sitting in the lobby of the probation office, another probation officer (Steven Meyer) walked by and noticed that Klemz smelled of alcoholic beverages. One of Klemz's conditions of probation prohibited him from drinking alcoholic beverages, so Meyer reported his discovery to Foster, and Klemz was brought to Foster's office.

At Foster's request, Klemz submitted to a breath test, and the result of this test…