Sommers v. Commissioner of Public Safety

OPINION

PETERSON, Judge.

Respondent’s driver’s license was revoked after she failed an alcohol concentration test. She petitioned for judicial review. The trial court ordered the revocation rescinded, and the Commissioner of Public Safety appeals. We reverse.

FACTS

On June 13, 1991, Trooper Todd J. Wax-berg arrested respondent for DWI. He read her the implied consent advisory, which stated in paragraph three: “Whether you take or refuse the test, you may still be subject to criminal prosecution for an alcohol or controlled substance related offense.” The trooper asked respondent if she wished to…