State v. Kienast

OPINION

LANSING, Judge.

The State of Minnesota appeals from a pretrial order suppressing the results of a breath test, given after respondent’s arrest for driving while under the influence of alcohol in violation of Minn.Stat. § 169.121 (1982 & Supp.1983). The trial court found the test results inadmissible on the ground that the Commissioner of Public Safety had failed to promulgate standards sufficient to establish and evaluate the training of persons who administer breath tests, as required by Minn.Stat. § 169.123, subd. 3 (1982 & Supp.1983).

The issues raised in this appeal are the same as…