HF 1426

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to driving while impaired; defining terms 
  1.3             relating to alcoholic beverage concentration; allowing 
  1.4             persons employed in certain health-related occupations 
  1.5             to chemically test a person for DWI-related purposes; 
  1.6             amending Minnesota Statutes 2000, sections 169A.03, by 
  1.7             adding subdivisions; and 169A.51, subdivision 7.  
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 169A.03, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 1a.  [ALCOHOL BY VOLUME.] "Alcohol by volume" means 
  1.12  milliliters of alcohol per 100 milliliters of beverage. 
  1.13     Sec. 2.  Minnesota Statutes 2000, section 169A.03, is 
  1.14  amended by adding a subdivision to read: 
  1.15     Subd. 1b.  [ALCOHOL BY WEIGHT.] "Alcohol by weight" means 
  1.16  grams of alcohol per 100 grams of beverage. 
  1.17     Sec. 3.  Minnesota Statutes 2000, section 169A.51, 
  1.18  subdivision 7, is amended to read: 
  1.19     Subd. 7.  [REQUIREMENTS FOR CONDUCTING TESTS; LIABILITY.] 
  1.20  (a) Only a physician, medical technician, physician's trained 
  1.21  mobile intensive care paramedic emergency medical 
  1.22  technician-paramedic, registered nurse, medical 
  1.23  technologist, medical laboratory technician, or laboratory 
  1.24  assistant acting at the request of a peace officer may withdraw 
  1.25  blood for the purpose of determining the presence of alcohol, 
  1.26  controlled substances, or hazardous substances.  This limitation 
  2.1   does not apply to the taking of a breath or urine sample. 
  2.2      (b) The person tested has the right to have someone of the 
  2.3   person's own choosing administer a chemical test or tests in 
  2.4   addition to any administered at the direction of a peace 
  2.5   officer; provided, that the additional test sample on behalf of 
  2.6   the person is obtained at the place where the person is in 
  2.7   custody, after the test administered at the direction of a peace 
  2.8   officer, and at no expense to the state.  The failure or 
  2.9   inability to obtain an additional test or tests by a person does 
  2.10  not preclude the admission in evidence of the test taken at the 
  2.11  direction of a peace officer unless the additional test was 
  2.12  prevented or denied by the peace officer. 
  2.13     (c) The physician, medical technician, physician's trained 
  2.14  mobile intensive care paramedic emergency medical 
  2.15  technician-paramedic, medical technologist, medical laboratory 
  2.16  technician, laboratory assistant, or registered nurse drawing 
  2.17  blood at the request of a peace officer for the purpose of 
  2.18  determining the concentration of alcohol, controlled substances, 
  2.19  or hazardous substances is in no manner liable in any civil or 
  2.20  criminal action except for negligence in drawing the blood.  The 
  2.21  person administering a breath test must be fully trained in the 
  2.22  administration of breath tests pursuant to training given by the 
  2.23  commissioner of public safety.