OPINION
PARKER, Judge.
Respondent Joseph Schultz's driving privileges were revoked after he failed a breath test. At the implied consent hearing the trial court rescinded the revocation, determining that the Commissioner of Public Safety failed to establish, by a fair preponderance of the evidence, that Schultz's alcohol concentration was .10 or more, as required by Minn.Stat. § 169.123 (1984). The Commissioner appeals, and we affirm.
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