McDONNELL v. COM'R OF PUBLIC SAFETY

Nos. C6-90-53, C7-90-224, C1-90-249 and C5-90-478.

473 N.W.2d 848 (1991)

Lisa Kay McDONNELL, Petitioner, Appellant, Cindy Jean Moser, Petitioner, Appellant, Troy Eugene Weeding, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. STATE of Minnesota, Respondent, v. Keith Arnold DRIVER, Respondent.

Supreme Court of Minnesota.

Rehearing Denied September 5, 1991.


Attorney(s) appearing for the Case

Jeffrey S. Sheridan, Inver Grove Heights, for Lisa Kay McDonnell.

Meshbesher Birrell & Dunlap, Steven J. Meshbesher, John J. Leunig, Minneapolis, for Cindy Jean Moser, appellant.

Sharon L. Buffington, Stillwater, and Theodore D. Dooley, Minneapolis, for Troy Weeding, appellant.

Hubert H. Humphrey, III, State Atty. Gen., Paul R. Kempainen, Asst. Atty. Gen., Nancy J. Bode, Asst. Atty. Gen., St. Paul, for Comm. of Public Safety.

Hubert H. Humphrey, III, Paul R. Kempainen, Asst. Atty. Gen., Nancy J. Bode, Asst. Atty. Gen., St. Paul, and James T. Reuter, Chisago, County Atty., Center City, for State of Minn.

Dean Grau, Minneapolis, and Robert J. Patient, St. Paul, for Keith Driver.

Heard, considered and decided by the court en banc.


TOMLJANOVICH, Justice.

McDonnell v. Commissioner of Public Safety, Moser v. Commissioner of Public Safety, Weeding v. Commissioner of Public Safety, and State v. Driver were consolidated for purposes of oral argument. Together, these appeals challenge the constitutionality of Minn.Stat. § 169.121, subd. 1a (1990), which imposes criminal penalties on individuals who refuse to submit to blood alcohol content testing within five years of a prior drivers...

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