State v. Bergh

OPINION

GORDON W. SHUMAKER, Judge.

Appellant challenges the district court’s refusal to prohibit the use of a prior Colorado driving while intoxicated (DWI)-related driver’s license revocation to enhance Minnesota impaired driving offenses. Because the prior revocation arises from a violation of appellant’s Minnesota constitutional rights, the prior revocation cannot be used to enhance Minnesota offenses, and we reverse.

FACTS

The Minnesota Impaired Driving Code presents a scheme of penalties and enhanced penalties for driving, operating, or being in physical control of a motor vehicle while…