I O N Conclusions of law shall not be overturned on appeal unless the district court erred in construing and applying the law to the facts of the case. Dehn v. Commissioner of Pub. Appellants argue that the commissioner failed to establish that their alcohol concentration was .10 or more at the time the Intoxilyzer received an adequate sample and that, therefore, the district courts' decisions sustaining the revocation of their licenses should be reversed. Appellants insist that when the Intoxilyzer receives an adequate sample, a zero appears left of the decimal point on the machine's display screen and that if a person continues to blow into the machine after the zero appears, the measured alcohol concentration will continue to rise. An identical argument was made in Brooks v. Commissioner of Pub.
Appellants also raise procedural and substantive due process arguments.
The constitutionality of a state action is a question of law reviewed de novo. Consequently, appellants cannot prevail. Retired judge of the district court, serving as judge of the Minnesota Court of Appeals by appointment pursuant to Minn. Const.