Cole v. Commissioner of Public Safety

OPINION

CRIPPEN, Judge.

The trial court having sustained the revocation of his driving privileges based on the conclusion that he refused to submit a breath test, appellant John Cole contends that he did not refuse but instead failed to provide an adequate second breath sample because the attending officer denied his access to the Intoxilyzer machine for a significant part of the four-minute test cycle. We affirm, concluding that appellant had a reasonable opportunity to blow into the machine.

FACTS

Appellant was arrested for driving under the influence of alcohol after a Coon Rapids police…