Nelson v. Commissioner of Public Safety

OPINION

JOHNSON, Judge.

The commissioner of public safety revoked Jeffrey Mark Nelson’s driver’s license after he was charged with driving while impaired (DWI). After providing a blood sample that was drawn using an expired blood-test kit, Nelson was asked to provide a second blood sample. Nelson argues that a police officer violated his limited right to counsel by refusing to allow him to speak with an attorney again before deciding whether to provide a second blood sample. He also argues that the officer was not permitted to request a second blood sample from him. We affirm.

FACTS

In September…