Eggersgluss v. Commissioner of Public Safety

AMDAHL, .Chief Justice.

We granted the petition of the Commissioner of Public Safety for review of a decision of the Court of Appeals reversing a decision of the trial court which sustained the revocation of the driver’s license of David Joseph Eggersgluss under the implied consent law, Minn.Stat. § 169.123, subd. 2 (Supp.1985), for driving with a blood alcohol level of .10 or more. The Court of Appeals, in a 4-3 decision, ruled that the arresting officer did not have probable cause to believe that Eggersgluss was under the influence at the time of the accident, which occurred approximately 2½…