Derek Alexander Knapp v. Commissioner of Public Safety

Syllabus

1. Under Vondrachek v. Comm'r of Pub. Safety, 906 N.W.2d 262 (Minn. App. 2017), rev. denied (Minn. Feb. 28, 2018), the Minnesota Commissioner of Public Safety satisfies their prima facie burden to establish that DataMaster DMT-G (DMT) evidentiary breath-test results are admissible by introducing evidence that a certified DMT operator administered the test and that diagnostic checks showed that the DMT testing device was in working order. 2. It is an abuse of discretion for a district court to determine that DMT test results are unreliable and to rescind the revocation of driving privileges based solely on evidence of an imperfect or improper pretest observation period, without evidence that the driver ingested something or otherwise experienced a bodily function during the observation period and without evidence that the driver's ingestion or bodily function affected the test results. Reversed.