OPINION
RANDALL, Judge.
Eric David Melby was arrested on a charge of violating Minn.Stat. § 169.121 (1982), the DWI statute, and, after a breath test disclosed an alcohol concentration of .11, his driver's license was revoked under authority of Minn.Stat. § 169.123 (1982), the implied consent statute. Upon his petition for judicial review of his license revocation, the revocation was rescinded, and the Commissioner of Public Safety appealed. We...
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