378 P.3d 413
Alaska Ct. App.2016Background
- David Evans was arrested for DUI and refused a requested breath test; police obtained a warrant and drew blood, which tested .094% BAC.
- Evans was charged with DUI and with refusal to submit to a breath test; he moved to dismiss the refusal charge (denied) and to suppress the blood-test results.
- The district court suppressed the blood evidence, concluding Alaska law barred warrants for nonconsensual blood draws when the defendant had refused a breath test.
- The State petitioned for review; the Court of Appeals considered whether AS 28.35.031(h) permits courts to issue warrants for blood tests despite a defendant’s breath-test refusal.
- The 2001 amendment, AS 28.35.031(h), states nothing in the section restricts searches or seizures under a warrant, which the court interpreted against the Geber–Pena–Sosa line of cases.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Evans) | Held |
|---|---|---|---|
| Whether courts may issue search warrants to compel blood tests after a lawful DUI arrest when the driver refused a breath test | Subsection (h) authorizes courts to issue warrants for blood tests; Geber/Pena/Sosa were overruled by the 2001 amendment | Subsection (h) was intended only to address rare situations (e.g., broken breath machines or suspected drugs), not routine DUI refusals; refusal statute still bars chemical tests except AS 28.35.035 exceptions | The 2001 amendment permits courts to issue warrants for chemical tests upon probable cause; the district court erred in suppressing the blood-test result |
Key Cases Cited
- Anchorage v. Geber, 592 P.2d 1187 (Alaska 1979) (interpreted implied-consent statute to bar nonconsensual chemical tests absent consent)
- Pena v. Anchorage, 684 P.2d 864 (Alaska 1984) (extended Geber’s prohibition to warrant-based blood draws)
- Sosa v. State, 4 P.3d 951 (Alaska 2000) (refused to allow warrant or other exception when breath machine malfunctioned)
- Birchfield v. North Dakota, 136 S. Ct. 2160 (2016) (Fourth Amendment bars warrantless blood tests incident to arrest for DUI)
- Missouri v. McNeely, 133 S. Ct. 1552 (2013) (no per se exigency for warrantless blood draws; exigency is case-specific)