Rude v. Commissioner of Public Safety

OPINION

PARKER, Judge.

This is an appeal from an order rescinding the Commissioner’s revocation of respondent’s driver’s license pursuant to Minn.Stat. § 169.123, subd. (4) (1982). Following an accident, a certified peace officer asked respondent for a blood sample for chemical testing because the officer believed that respondent may have been driving while intoxicated. After conferring with her brother, respondent refused to take the test. The Commissioner of Public Safety revoked respondent’s driver’s license for her refusal.

At respondent’s request, an implied consent hearing was held and the…