Winchester v. Commissioner of Public Safety

WAHL, Justice.

On February 4, 1980, respondent was stopped while operating a motor vehicle in Minneapolis. Respondent’s breath test showed a blood-alcohol content of 0.10 percent. He was arrested and charged with driving while under the influence of alcohol, careless driving, and driving too fast for conditions.

In conjunction with the arrest and charge, he was required to surrender his Minnesota driver’s license to the arresting officer and received a temporary driver’s license along with a notice of proposed revocation, as required by Minn.Stat. § 169.123, subd. 5a (1980).

The Department of…