State, Department of Highways v. Rieger

In each of these cases the district court sustained the revocation of the defendant’s driver’s license for refusing to submit to a chemical test authorized by Minn. St. 1969, § 169.123. The only issue before this court in each case is whether the examining officer was a “peace officer” within the meaning of § 169.123, subd. 1. Since both defendants refused to take the test, we do not find it necessary to resolve the issue raised by them and affirm each decision.

Each defendant was arrested for driving under the influence of alcohol in violation of Minn. St. 169.121, subd. 1. In each case, the…