Grossman v. State

OPINION

MANNHEIMER, Judge.

Under the Alaska Supreme Court's decision in Copelin v. State, 659 P.2d 1206, 1212-14 (Alaska 1983), a person arrested for driving under the influence has the right to attempt to contact and consult an attorney before deciding whether to submit to a breath test. This appeal presents the question of whether a DUI arrestee has the right, under Copelin, to interrupt the administration of the breath test-not the 15-minute pre-testing observation period, but rather the actual testing process itself-to try to telephone an attorney. For the reasons explained here, we hold…