Aunan v. Commissioner of Public Safety

OPINION

CRIPPEN, Judge.

Respondent John Aúnan was arrested for D.W.I. and taken for testing. An In-toxilyzer 5000 infrared breath-testing device was administered. Respondent failed to successfully provide two adequate breath samples and his license was revoked for having “refused” to permit testing. Minn.Stat. § 169.123, subd. 4 (1982). Following an implied consent hearing, the trial court found that respondent cooperated in providing a sample and never refused to provide an adequate sample. The court rescinded the revocation of respondent’s driving privileges. We remand.

FACTS

Respondent was…