Svedlund v. Anchorage

In Svedlund v. Anchorage, 671 P.2d 378, 384 (Alaska App. 1983) the Court upheld the constitutionality of a municipal ordinance making it a crime for a person lawfully arrested for DWI to refuse to take a breath test. The Court concluded that this law did not violate a motorist's Fourth Amendment rights because the breath test is a search incident to arrest -- and thus, if the motorist is lawfully arrested, the motorist has no Fourth Amendment right to assert.