Gunderson v. Commissioner of Public Safety

YETKA, Justice.

This is an appeal by the Commissioner of Public Safety from a 2-1 decision of a three-judge district court appeal panel reversing an order of the county court which upheld the revocation of Robert Harding Gunderson’s driver’s license under Minn. Stat. § 169.123 (1980) for refusing to submit to chemical testing. We reverse the order of the district court and reinstate the decision of the county court.

Early on September 24, 1981, a sheriffs deputy in Dodge County lawfully stopped Mr. Gunderson and lawfully arrested him for driving while under the influence of alcohol. The deputy…