Troopers charge Fairbanks driver with tampering after resisting blood draw

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. A records check showed a suspended license and multiple prior convictions for driving while license revoked and driving under the influence. A search of the vehicle turned up open alcohol containers and marijuana paraphernalia.

Nelson refused Datamaster breath testing, troopers said. He was remanded to Fairbanks Correctional Center on charges including tampering with physical evidence, DUI, driving while license revoked or suspended, disorderly conduct, and refusal to submit to a chemical test. Under Alaska law, refusing an authorized chemical test after a DUI arrest is a class A misdemeanor.

The tampering charge's legal footing is unclear from the dispatch. The Alaska Supreme Court held in a 2000 ruling, Sosa v. State, that Alaska'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 it is not clear whether that ruling applies here.

The charges are accusations. 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.