Gundersen v. Municipality of Anchorage

I am unable to agree with the majority’s disposition of Gundersen’s principal argument—that he was affirmatively misled concerning his statutory right to obtain an independent test conducted by a person of his own choosing.

Gundersen was arrested for DWI after being involved in an automobile accident in Anchorage. He was given an Intoximeter test and registered a reading of .264. No separate sample of Gundersen’s breath was taken or preserved. After Gundersen had taken the Intoximeter test, however, an Anchorage police officer read him a “Notice of Right to an Independent Test.” The notice…