State, Department of Public Safety v. Habisch

OTIS, Justice.

This appeal reviews a license revocation hearing under the implied consent law, Minn.Stat. § 169.123 (1978), and raises the issue of whether the trial court was correct in concluding that the state had established sufficient foundation for admitting the results of a Breathalyzer test. 1 That test placed defendant’s blood alcohol content at .16%. The district court reversed and we granted the state leave to appeal. We reverse the district court.

The precise issue at the revocation hearing was whether the known alcohol solution used to test the Breathalyzer was too old to be…