State v. Kerr

OPINION

SINGLETON, Judge.

The state has petitioned for review of an order suppressing Intoximeter results in forty-four cases of driving while intoxicated, AS 28.35.033. We find that we must remand these cases to the district court.

In Anchorage v. Serrano, 649 P.2d 256, 258 (Alaska App.1982), we concluded that due process “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” in those cases in which it wishes to admit the results of a breath test.

The state subsequently began…