Frank J. Olson, Petitioner v. State of Alaska, Respondent

Summary

The court held that an inaccurate, supplemental warning about the felony consequences of refusing a breath test can raise due process concerns even when the police satisfy the statutory duty to warn that refusal is a crime. Because Olson received objectively misleading information, he must prove that the misinformation prejudiced his decision to refuse; the court remanded to allow him to make that showing. The court reversed the court of appeals rather than deciding whether Olson ultimately established prejudice.