Babb v. Anchorage
In Babb v. Anchorage, 813 P.2d 312 (Alaska App. 1991), the defendant asked to call his attorney before deciding whether to submit to a breath test, and the police allowed him to make that call.
Babb decided to take the breath test, and the police then informed him of his right to an independent test. Babb elected to get an independent test and was transported to the hospital; while he was waiting for a medical technician to prepare the blood test, he asked to speak with his attorney again.
The officer accompanying Babb told him he could not delay his DUI processing by calling his attorney a second time. Babb then refused to have his blood drawn.
Babb later moved to suppress the evidence of his breath test result. He argued that because he was not allowed to call his attorney for advice on whether to get an independent test, he was effectively denied his right to obtain evidence that might have cast doubt on his breath test result.
In an affidavit, Babb asserted that he would have obtained a blood test if he had been allowed to consult his attorney.
The district court denied Babb's motion to suppress and we affirmed that decision, ruling that Babb's first call to his attorney before administration of the breath test "fully satisfied" his right to call his attorney under AS 12.25.150(b).