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STATE v. FRANK

No. C4-84-1631.

365 N.W.2d 313 (1985)

STATE of Minnesota, Respondent, v. Stephen Al FRANK, Appellant.

Court of Appeals of Minnesota.

April 2, 1985.

Attorney(s) appearing for the Case

D. Gerald Wilhelm, Fairmont, for respondent.

Gregory E. Kuderer, Erickson, Zierke, Kuderer, Myster, Madsen & Wollschlager, P.A., Fairmont, for appellant.

Considered and decided by POPOVICH, C.J., and LANSING and HUSPENI, JJ., with oral argument waived.

SUMMARY OPINION

LANSING, Judge.

FACTS

Stephen Al Frank was arrested on February 19, 1983, for D.W.I. A police officer read Frank the implied consent advisory, including the statutory language that Frank's driver's license "may be revoked" for 90 days or more if a chemical test showed him to be under the influence. See Minn.Stat. § 169.123, subd. 2(b)(3) (1984). Frank submitted to a breath test, which measured an alcohol concentration...

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