O'Brian v. Commissioner of Public Safety

OPINION

KALITOWSKI, Judge.

Appellant Patrick T. O’Brian challenges the revocation of his driver’s license, arguing he reasonably refused to provide the second sample for the Intoxilyzer 5000 breath test because the officer refused to tell O’Brian the results of the first sample.

FACTS

In the early morning hours of December 6, 1995, an officer with the Brooklyn Park Police Department arrested O’Brian for driving under the influence of alcohol. The officer read O’Brian the implied consent advisory several times and O’Brian agreed to submit to testing.

The officer transported O’Brian to the police…