Godderz v. Commissioner of Public Safety

OPINION

NIERENGARTEN, Judge.

This is an appeal by the Commissioner of Public Safety from an order of the trial court rescinding the revocation of David Godderz’s driving privileges. We affirm.

FACTS

On September 4, 1984, Orono police Officer Kurt Erickson validly stopped David Godderz for D.W.I. After Godderz agreed to take a breath test, Officer Erickson, a certified intoxilyzer operator, started the testing process at the Orono police station.

The intoxilyzer requires two adequate breath samples from the person. Godderz wouldn’t cooperate. He would not blow hard enough or long enough. He blocked…