Young v. Commissioner of Public Safety

I respectfully dissent.

The Bureau of Criminal Apprehension recommends that when the correlation between the breath samples is below 90%, the officer should run another test. Abe v. Commissioner of Public Safety, 374 N.W.2d 788, 791 (Minn.Ct.App.1985). This court recognizes that “strict adherence to. BCA recommendations is always a commendable goal.” Wells v. Commissioner of Public Safety, 392 N.W.2d 721, 723 (Minn.Ct.App.1986). While the implied consent statute provides that a driver consents to “a chemical test,” Minn.Stat. § 169.123, subd. 2(a) (Supp.1985), the implied consent statute is a…