James E. Puller v. Municipality Anchorage

BOOCHEVER, Chief Justice. OPINION. Appellant James Puller was arrested in Anchorage and charged with driving while intoxicated. At trial in district court, Puller moved to suppress evidence of his refusal to take a breathalyzer test. The motion was denied; and evidence was admitted, over Pullers objection, indicating that Puller refused a breathalyzer test. The jury was instructed that it could consider Pullers refusal to submit to the test as evidence of guilt of the offense of driving while intoxicated. Puller was convicted, and his conviction was affirmed by the superior court. This appeal followed.