Gundersen v. Municipality of Anchorage

OPINION

MOORE, Justice.

This case involves the scope of a person’s due process right to challenge the result of a breath test that the police administer after the person is arrested for driving while intoxicated. We have held that in order to introduce the result of the police-administered breath test in evidence, due process requires that the state preserve a sample of the defendant’s breath for independent testing. The issue in this case is whether the state may satisfy a defendant’s due process rights without preserving his breath sample if it provides notice *674of his right to an independent…