State, Department of Public Safety v. Wangensteen

This is an appeal from an order of the Hennepin County Municipal Court which rescinded an order of the commissioner of public safety revoking defendant’s driver’s license for refusal to permit chemical testing under Minn. St. 169.123. The municipal court held that the failure of the police who arrested defendant for driving while under the influence to offer him both the alternative breath and urine tests mentioned in § 169.123 where both were available barred revocation of defendant’s license for refusal to permit chemical testing. Subsequent to the municipal court’s decision and while the…