HF 1995

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:57am

A bill for an act
relating to public safety; driving while impaired; reducing from .04 to .03 the
per se alcohol concentration limit for commercial driving; amending Minnesota
Statutes 2008, sections 169A.20, subdivision 1; 169A.52, subdivisions 2, 4, 7;
169A.53, subdivision 3.

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

Section 1.

Minnesota Statutes 2008, section 169A.20, subdivision 1, is amended to
read:

Subdivision 1.

Driving while impaired crime.

It is a crime for any person to
drive, operate, or be in physical control of any motor vehicle within this state or on any
boundary water of this state:

(1) when the person is under the influence of alcohol;

(2) when the person is under the influence of a controlled substance;

(3) when the person is knowingly under the influence of a hazardous substance that
affects the nervous system, brain, or muscles of the person so as to substantially impair
the person's ability to drive or operate the motor vehicle;

(4) when the person is under the influence of a combination of any two or more of
the elements named in clauses (1), (2), and (3);

(5) when the person's alcohol concentration at the time, or as measured within
two hours of the time, of driving, operating, or being in physical control of the motor
vehicle is 0.08 or more;

(6) when the vehicle is a commercial motor vehicle and the person's alcohol
concentration at the time, or as measured within two hours of the time, of driving,
operating, or being in physical control of the commercial motor vehicle is deleted text begin 0.04 deleted text end new text begin 0.03 new text end or
more; or

(7) when the person's body contains any amount of a controlled substance listed in
schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

Sec. 2.

Minnesota Statutes 2008, section 169A.52, subdivision 2, is amended to read:

Subd. 2.

Reporting test failure.

(a) If a person submits to a test, the results of that
test must be reported to the commissioner and to the authority having responsibility for
prosecution of impaired driving offenses for the jurisdiction in which the acts occurred, if
the test results indicate:

(1) an alcohol concentration of 0.08 or more;

(2) an alcohol concentration of deleted text begin 0.04 deleted text end new text begin 0.03 new text end or more, if the person was driving,
operating, or in physical control of a commercial motor vehicle at the time of the violation;
or

(3) the presence of a controlled substance listed in schedule I or II or its metabolite,
other than marijuana or tetrahydrocannabinols.

(b) If a person submits to a test and the test results indicate the presence of a
hazardous substance, the results of that test must be reported to the authority having
responsibility for prosecution of impaired driving offenses for the jurisdiction in which the
acts occurred.

Sec. 3.

Minnesota Statutes 2008, section 169A.52, subdivision 4, is amended to read:

Subd. 4.

Test failure; license revocation.

(a) Upon certification by the peace
officer that there existed probable cause to believe the person had been driving, operating,
or in physical control of a motor vehicle in violation of section 169A.20 (driving
while impaired) and that the person submitted to a test and the test results indicate an
alcohol concentration of 0.08 or more or the presence of a controlled substance listed in
schedule I or II or its metabolite, other than marijuana or tetrahydrocannabinols, then
the commissioner shall revoke the person's license or permit to drive, or nonresident
operating privilege:

(1) for a period of 90 days;

(2) if the person is under the age of 21 years, for a period of six months;

(3) for a person with a qualified prior impaired driving incident within the past ten
years, for a period of 180 days; or

(4) if the test results indicate an alcohol concentration of 0.20 or more, for twice
the applicable period in clauses (1) to (3).

(b) On certification by the peace officer that there existed probable cause to believe
the person had been driving, operating, or in physical control of a commercial motor
vehicle with any presence of alcohol and that the person submitted to a test and the test
results indicated an alcohol concentration of deleted text begin 0.04 deleted text end new text begin 0.03 new text end or more, the commissioner shall
disqualify the person from operating a commercial motor vehicle under section 171.165
(commercial driver's license disqualification).

(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau
of Criminal Apprehension, or authorized by the bureau to conduct the analysis of a blood
or urine sample, the laboratory may directly certify to the commissioner the test results,
and the peace officer shall certify to the commissioner that there existed probable cause to
believe the person had been driving, operating, or in physical control of a motor vehicle
in violation of section 169A.20 and that the person submitted to a test. Upon receipt
of both certifications, the commissioner shall undertake the license actions described
in paragraphs (a) and (b).

Sec. 4.

Minnesota Statutes 2008, section 169A.52, subdivision 7, is amended to read:

Subd. 7.

Test refusal; driving privilege lost.

(a) On behalf of the commissioner,
a peace officer requiring a test or directing the administration of a chemical test shall
serve immediate notice of intention to revoke and of revocation on a person who refuses
to permit a test or on a person who submits to a test the results of which indicate an
alcohol concentration of 0.08 or more.

(b) On behalf of the commissioner, a peace officer requiring a test or directing the
administration of a chemical test of a person driving, operating, or in physical control of a
commercial motor vehicle shall serve immediate notice of intention to disqualify and of
disqualification on a person who refuses to permit a test, or on a person who submits to a
test the results of which indicate an alcohol concentration of deleted text begin 0.04 deleted text end new text begin 0.03 new text end or more.

(c) The officer shall:

(1) invalidate the person's driver's license or permit card by clipping the upper
corner of the card in such a way that no identifying information including the photo is
destroyed, and immediately return the card to the person;

(2) issue the person a temporary license effective for only seven days; and

(3) send the notification of this action to the commissioner along with the certificate
required by subdivision 3 or 4.

Sec. 5.

Minnesota Statutes 2008, section 169A.53, subdivision 3, is amended to read:

Subd. 3.

Judicial hearing; issues, order, appeal.

(a) A judicial review hearing
under this section must be before a district judge in any county in the judicial district
where the alleged offense occurred. The hearing is to the court and may be conducted at
the same time and in the same manner as hearings upon pretrial motions in the criminal
prosecution under section 169A.20 (driving while impaired), if any. The hearing must be
recorded. The commissioner shall appear and be represented by the attorney general or
through the prosecuting authority for the jurisdiction involved. The hearing must be held
at the earliest practicable date, and in any event no later than 60 days following the filing
of the petition for review. The judicial district administrator shall establish procedures to
ensure efficient compliance with this subdivision. To accomplish this, the administrator
may, whenever possible, consolidate and transfer review hearings among the locations
within the judicial district where terms of district court are held.

(b) The scope of the hearing is limited to the issues in clauses (1) to (10):

(1) Did the peace officer have probable cause to believe the person was driving,
operating, or in physical control of a motor vehicle or commercial motor vehicle in
violation of section 169A.20 (driving while impaired)?

(2) Was the person lawfully placed under arrest for violation of section 169A.20?

(3) Was the person involved in a motor vehicle accident or collision resulting in
property damage, personal injury, or death?

(4) Did the person refuse to take a screening test provided for by section 169A.41
(preliminary screening test)?

(5) If the screening test was administered, did the test indicate an alcohol
concentration of 0.08 or more?

(6) At the time of the request for the test, did the peace officer inform the person
of the person's rights and the consequences of taking or refusing the test as required by
section 169A.51, subdivision 2?

(7) Did the person refuse to permit the test?

(8) If a test was taken by a person driving, operating, or in physical control of a
motor vehicle, did the test results indicate at the time of testing:

(i) an alcohol concentration of 0.08 or more; or

(ii) the presence of a controlled substance listed in schedule I or II or its metabolite,
other than marijuana or tetrahydrocannabinols?

(9) If a test was taken by a person driving, operating, or in physical control of a
commercial motor vehicle, did the test results indicate an alcohol concentration of deleted text begin 0.04 deleted text end new text begin
0.03 new text end or more at the time of testing?

(10) Was the testing method used valid and reliable and were the test results
accurately evaluated?

(c) It is an affirmative defense for the petitioner to prove that, at the time of the
refusal, the petitioner's refusal to permit the test was based upon reasonable grounds.

(d) Certified or otherwise authenticated copies of laboratory or medical personnel
reports, records, documents, licenses, and certificates are admissible as substantive
evidence.

(e) The court shall order that the revocation or disqualification be either rescinded or
sustained and forward the order to the commissioner. The court shall file its order within
14 days following the hearing. If the revocation or disqualification is sustained, the court
shall also forward the person's driver's license or permit to the commissioner for further
action by the commissioner if the license or permit is not already in the commissioner's
possession.

(f) Any party aggrieved by the decision of the reviewing court may appeal the
decision as provided in the Rules of Appellate Procedure.

(g) The civil hearing under this section shall not give rise to an estoppel on any
issues arising from the same set of circumstances in any criminal prosecution.

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective August 1, 2009, for driving incidents occurring on or
after that date.
new text end