A Fairbanks blood-draw arrest raises a question about the evidence-tampering charge

A 46-year-old Fairbanks driver, identified by troopers as Alfred Lee Nelson II, faces a charge of tampering with physical evidence after he physically resisted a court-ordered blood draw at Fairbanks Memorial Hospital, Alaska State Troopers said in a dispatch posted Sunday night.

Troopers stopped a speeding vehicle on the Mitchell Expressway on July 25. Nelson showed signs of intoxication and was combative with officers, troopers said, and a records check showed a suspended license and multiple prior convictions for driving while license revoked and driving under the influence. He was remanded to Fairbanks Correctional Center on charges including DUI, driving while license revoked or suspended, and tampering with physical evidence.

That tampering charge is where the case gets legally interesting, because its footing is unclear from the dispatch. The Alaska Supreme Court held in a 2000 ruling, Sosa v. State, that the state's implied consent statutes allow blood draws only in limited circumstances, and that refusing an unauthorized blood draw cannot be charged as evidence tampering. The dispatch does not describe the basis for the court order in this case, so whether that ruling applies here is not clear.

The charges are accusations, and Nelson is presumed innocent unless proven guilty. The dispatch contains no response from him or a defense attorney, and neither could be reached for comment.