Bluel v. State

OPINION

BRYNER, Chief Justice.

I. INTRODUCTION

After being arrested for driving while intoxicated, Rodney Bluel failed the mandatory breath test and then declined when asked if he wanted an optional blood test. At trial, after Bluel testified that he had been surprised by his failing score on the breath test, the state was allowed to impeach his claim of surprise by asking about his refusal to ask for the independent blood test. The issue here is whether evidence that Bluel declined the optional test amounted to an impermissible comment on the exercise of his right to refuse. Because Alaska's…