Nathan v. Municipality of Anchorage

MANNHEIMER, Judge.

James G. Nathan appeals his conviction for driving while intoxicated, Anchorage Municipal Ordinance 9.28.020. After Nathan was arrested for DWI, he submitted to a breath test (which showed his blood-alcohol level to be .134 percent), and he declined the offer of an independent blood test. However, Nathan contends that the breath test result should be suppressed because, when he gave up his right to an independent blood test, he did not really understand his right to such a test.

Nathan is deaf, and has been since birth. In the trial court, Nathan asserted that, because of his…