Berge v. Commissioner of Public Safety

AMDAHL, Chief Justice.

The Commissioner of Public Safety revoked the driver’s license of Kent Orrin Berge pursuant to the implied consent law, Minn.Stat. § 609.123, subd. 4 (1984), because the results of the chemical breath test to which Berge submitted, shortly after being arrested for driving while under the influence, indicated that he had an alcohol concentration of 0.10 or more. The trial court rescinded the revocation, and a panel of the Court of Appeals, 370 N.W.2d 75, by a 2-1 vote, affirmed the trial court. We grant the commissioner’s petition for review, reverse the decisions of the…