Municipality of Anchorage v. Ray

In Municipality of Anchorage v. Ray, 854 P.2d 740, 750 (Alaska App. 1993), the court rejected the argument that a blood test could not be requested unless a breath test had been offered and refused, noting that "when the blood sample is drawn 'by a physician in a simple, medically acceptable manner in a hospital environment,' blood extraction from an arrestee is not so great an intrusion as to violate due process." Id. The court also rejected the motorist's argument that police must show a true need to conduct a blood test as opposed to a breath test. Instead, it ruled that even if it were to view a blood test as materially more intrusive, the question is whether a blood test is reasonable under the circumstances. Id.