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STATE v. MELDE

No. A05-1553, No. A05-1604.

725 N.W.2d 99 (2006)

STATE of Minnesota, Respondent, v. Daniel Joseph MELDE, Appellant. and State of Minnesota, Respondent, v. Alan J. Myers, Appellant.

Supreme Court of Minnesota.

December 21, 2006.

Attorney(s) appearing for the Case

Paul W. Rogosheske, Thuet, Pugh, Rogosheske & Atkins, Ltd., South St. Paul MN, Douglas V. Hazelton, Hazelton Law Offices, Minneapolis MN, for Appellant Daniel Joseph Melde.

Mike Hatch, Attorney General, St. Paul MN, Peter A. MacMillan, Michele R Wallace, MacMillan, Wallace & Athanases, PA, Minneapolis MN, Raymond F. Schmitz, Olmsted County Attorney, David F. McLeod, Assistant County Attorney, Rochester MN, for Respondent State of Minnesota.

Heard, considered, and decided by the court en banc.

OPINION

ANDERSON, RUSSELL A., Chief Justice.

In these two cases, consolidated for review, the question is whether the Minnesota Implied Consent Advisory, Minn.Stat. § 169A.51, subd. 2 (2004), violates a driving-while-impaired (DWI) arrestee's procedural due process rights because it fails to adequately notify the arrestee of the consequences of refusing to submit to chemical testing. The district courts concluded that the advisory violated appellants...

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