HF 1261

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/13/2023 03:52pm

A bill for an act
relating to public safety; allowing use of preliminary breath screening tool for
alcohol as court admissible evidence for drivers of commercial vehicles; amending
Minnesota Statutes 2022, section 169A.41, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 169A.41, subdivision 2, is amended to read:

Subd. 2.

Use of test results.

The results of this preliminary screening test must be used
for the purpose of deciding whether an arrest should be made and whether to require the
tests authorized in section 169A.51 (chemical tests for intoxication), but must not be used
in any court action except the following:

(1) to prove that a test was properly required of a person pursuant to section 169A.51,
subdivision 1;

(2) in a civil action arising out of the operation or use of the motor vehicle;

(3) in an action for license reinstatement under section 171.19;

(4) in a prosecution for a violation of section 169A.20, subdivision 2 (driving while
impaired; test refusal);

(5) in a prosecution or juvenile court proceeding concerning a violation of section
169A.33 (underage drinking and driving), or 340A.503, subdivision 1, paragraph (a), clause
(2) (underage alcohol consumption);

(6) in a prosecution under section 169A.31 (alcohol-related school or Head Start bus
driving), or 171.30 (limited license); deleted text begin or
deleted text end

(7) in a prosecution for a violation of a restriction on a driver's license under section
171.09, which provides that the license holder may not use or consume any amount of
alcohol or a controlled substance deleted text begin . deleted text end new text begin ; or
new text end

new text begin (8) in a prosecution for a violation of Code of Federal Regulations, title 49, part 392, as
adopted in sections 221.0314, subdivision 6, and 221.605.
new text end