Schildgen v. Commissioner of Public Safety
This text of 363 N.W.2d 800 (Schildgen v. Commissioner of Public Safety) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
SUMMARY OPINION
FACTS
The trial court rescinded the revocation of Gregory Schildgen’s driver’s license after an implied consent hearing. The Commissioner of Public Safety had revoked Schildgen’s license following his arrest for DWI and a subsequent analysis of his breath alcohol concentration at .10. The trial court determined that the testing method was valid and reliable, but rescinded the revocation on the grounds that the test results were not accurately evaluated because of an alleged margin of error in the breathalyzer instrument.
DECISION
The implied consent law, Minn. Stat. § 169.123 (1982), does not require the Commissioner of Public Safety to prove an alcohol concentration of .10 within an alleged margin for potential error. Grund v. Commissioner of Public Safety, 359 N.W.2d 652 (Minn.Ct.App.1984).
Under Minn.Stat. § 169.123, subd. 4 (1982), the Commissioner must revoke a person’s license when “the test results indicate an alcohol concentration of .10 or more.” The statute clearly requires a concentration of .10 — not .10 plus or minus an error factor. And, Minn.Stat. § 169.123, subd. 6(3) (1982), expressly limits the issue to be raised at a hearing to whether “the test results indicate an alcohol concentration of .10 or more at the time of testing,” not whether or not the reading was .10, coupled with some margin of error.
Reversed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
363 N.W.2d 800, 1985 Minn. App. LEXIS 3916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schildgen-v-commissioner-of-public-safety-minnctapp-1985.