Klepzig v. Municipality of Anchorage

OPINION

COATS, Judge.

In Municipality of Anchorage v. Serrano, 649 P.2d 256 (Alaska App.1982), this court held that in cases involving a charge of driving while intoxicated:

the due process clause of the Alaska Constitution requires the prosecution to make reasonable efforts to preserve a breath sample or to take other steps to allow a defendant to verify the results of the breathalyzer test.

Id. at 258 (footnote omitted). In this case we affirm the ruling of the trial judge that the defendant, Rodney Klepzig, forfeited his right to have a breath sample preserved.

Klepzig was involved in a traffic…