Id. Reasonable time is not based on the number of elapsed minutes, but on (1) the police officer's duties in vindicating the right to counsel and (2) the defendant's diligent exercise of the right. Kuhn v. Comm'r of Pub. Safety, 488 N.W.2d 838, 842 (Minn.App. 1992), review denied (Minn. Oct. 20, 1992).

(Minn.App. 2008) (citing Kuhn v. Comm'r of Pub. Safety, 488 N.W.2d 838, 842 (Minn.App. 1992), rev. denied (Minn. Oct. 20, 1992)). We "must balance the efforts made by the driver against the efforts made by the officer; . . . [the] focus is 'both on the police officer's duties in vindicating the right to counsel and the defendant's diligent exercise of the right.'" Id.

Here, appellant had approximately 23 minutes to contact an attorney. He correctly notes that in Kuhn v. Comm'r of Pub. Safety, 488 N.W.2d 838, 842 (Minn.App. 1992), review denied (Minn. Oct. 20, 1992), this court found that a driver's right to counsel was not vindicated where the driver had been given 24 minutes to contact an attorney.

Whether a driver's right to counsel was vindicated is a mixed question of law and fact. See Kuhn v. Comm'r of Pub. Safety, 488 N.W.2d 838, 840 (Minn.App. 1992), review denied (Minn. Oct. 20, 1992).

The determination of whether an officer vindicated a driver's right to counsel is a mixed question of law and fact. Kuhn v. Comm'r of Pub. Safety, 488 N.W.2d 838, 840 (Minn.App. 1992), review denied (Minn. Oct. 20, 1992).

The question of whether a driver has been afforded a reasonable amount of time to contact an attorney is a mixed question of law and fact. Parsons v. Commissioner of Pub. Safety, 488 N.W.2d 500, 501 (Minn.App. 1992). Once the facts are established, their importance is a question of law, which this court reviews de novo. Id.; Kuhn v. Commissioner of Pub. Safety, 488 N.W.2d 838, 840 (Minn.App. 1992), review denied (Minn. Oct. 20, 1992).

Mell v. Comm'r of Pub. Safety, 757 N.W.2d 702, 713 (Minn.App. 2008) (citing Kuhn v. Comm'r of Pub. Safety, 488 N.W.2d 838, 842 (Minn.App. 1992), rev. denied (Minn. Oct. 20, 1992)).

DECISION The Minnesota Constitution provides individuals who are arrested for driving while impaired (DWI) with a limited right to counsel before deciding whether to submit to a breath test. Minn. Const. art. I, § 6; Kuhn v. Comm'r of Pub. Safety, 488 N.W.2d 838, 840 (Minn. App. 1992), review denied (Minn. Oct. 20, 1992).

Appellant moved for amended findings of fact and conclusions of law. In addressing appellant's motion, the district court explicitly addressed and applied the factors outlined by this court in Kuhn v. Comm'r of Pub. Safety, 488 N.W.2d 838 (Minn. App. 1992), review denied (Minn. Oct. 20, 1992).

A district court's conclusion of law is reviewed de novo. Kuhn v. Comm'r of Pub. Safety, 488 N.W.2d 838, 840 (Minn. App. 1992), review denied (Minn. Oct. 20, 1992).