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STATE v. THESING

No. C4-91-1924.

485 N.W.2d 734 (1992)

STATE of Minnesota, Respondent, v. James David THESING, Appellant.

Court of Appeals of Minnesota.

June 2, 1992.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Todd S. Webb, Ohnstad Twichell, P.C., West Fargo, N.D., for respondent.

Peter E. Karlsson, Moorhead, for appellant.

Considered and decided by LANSING, P.J., and SCHUMACHER and KLAPHAKE, JJ.

OPINION

SCHUMACHER, Judge.

This appeal is from a judgment of conviction and sentence for misdemeanor DWI. Minn.Stat. § 169.121, subd. 1(d) (1990). We reverse.

FACTS

Appellant James David Thesing was stopped on May 6, 1991 and given the implied consent advisory. The advisory, as it then read, informed the driver he "may" be subject to criminal penalties if he did not agree to take a chemical test. Thesing agreed to take the test, which...

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