Huber v. Commissioner of Public Safety

OPINION

CRIPPEN, Judge.

Appellant Commissioner of Public Safety revoked respondent’s driving privileges for refusal to submit to a chemical test of his breath alcohol level. Respondent petitioned for judicial review, and the trial court rescinded the revocation. The Commissioner appeals. We affirm.

FACTS

On February 9, 1985, respondent Robert Huber was arrested and charged with driving while under the influence of alcohol. He was taken to the Hopkins Police Station, where he agreed to take a breath test. Officer Tony Hanlin, a certified Intoxilyzer operator, administered the test to respondent.…