HF 3647

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to crimes; broadening prohibitions for driving while impaired to include
impairment by any drug or its metabolite; broadening prohibition against
driving while impaired by controlled substances to include metabolites of
those substances; exempting courts from mandatory consecutive sentencing
requirements when sentencing a person for felony-level violation for driving
while impaired; making technical and clarifying changes; repealing archaic
language; amending Minnesota Statutes 2004, sections 169A.03, by adding
a subdivision; 169A.20, subdivision 1; 169A.28, subdivision 1; 169A.45,
subdivision 1; 169A.51, subdivisions 1, 2, 4, 7; 169A.52, subdivision 2;
169A.60, subdivisions 2, 4; Minnesota Statutes 2005 Supplement, sections
169A.52, subdivision 4; 169A.53, subdivision 3; repealing Minnesota Statutes
2004, section 169A.41, subdivision 4.

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

Section 1.

Minnesota Statutes 2004, section 169A.03, is amended by adding a
subdivision to read:

new text begin Subd. 7. new text end

new text begin Drug. new text end

new text begin "Drug" has the meaning given in section 151.01, subdivision 5.
new text end

Sec. 2.

Minnesota Statutes 2004, 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 0.04 or more; deleted text begin or
deleted text end

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

new text begin (8) when a person, with one or more qualified prior impaired driving incidents
within ten years, is impaired by any drug, alone or in combination with any substance
listed in clauses (1) to (3) new text end .

Sec. 3.

Minnesota Statutes 2004, section 169A.28, subdivision 1, is amended to read:

Subdivision 1.

Mandatory consecutive sentences.

new text begin (a) new text end The court shall impose
consecutive sentences when it sentences a person for:

(1) violations of section 169A.20 (driving while impaired) arising out of separate
courses of conduct;

(2) a violation of section 169A.20 when the person, at the time of sentencing, is
on probation for, or serving, an executed sentence for a violation of section 169A.20
or Minnesota Statutes 1998, section 169.121 (driver under the influence of alcohol or
controlled substance) or 169.129 (aggravated DWI-related violations; penalty), and the
prior sentence involved a separate course of conduct; or

(3) a violation of section 169A.20 and another offense arising out of a single course
of conduct that is listed in subdivision 2, paragraph (e), when the person has five or more
qualified prior impaired driving incidents within the past ten years.

new text begin (b) The requirement for consecutive sentencing in paragraph (a) does not apply if the
person is being sentenced to an executed prison term for a violation of section 169A.20
(driving while impaired) under circumstances described in section 169A.24 (first-degree
driving while impaired).
new text end

Sec. 4.

Minnesota Statutes 2004, section 169A.45, subdivision 1, is amended to read:

Subdivision 1.

Alcohol concentration evidence.

Upon the trial of any prosecution
arising out of acts alleged to have been committed by any person arrested for violating
section 169A.20 (driving while impaired) or 169A.31 (alcohol-related school bus or Head
Start bus driving), the court may admit evidence of the presence or amount of alcohol in
the person's blood, breath, or urine as shown by an analysis of those items. In addition,
in a prosecution for a violation of section 169A.20, the court may admit evidence of
the presence or amount new text begin in the person's blood, breath, or urine, as shown by an analysis
of those items, new text end of new text begin :
new text end

new text begin (1) a new text end controlled deleted text begin substances deleted text end new text begin substance new text end or new text begin its metabolite;
new text end

new text begin (2) a new text end hazardous deleted text begin substances in the person's blood, breath, or urine as shown by an
analysis of those items deleted text end new text begin substance new text end new text begin ; or
new text end

new text begin (3) a drug or its metabolite if the person has one or more qualified prior impaired
driving incidents within ten years new text end .

Sec. 5.

Minnesota Statutes 2004, section 169A.51, subdivision 1, is amended to read:

Subdivision 1.

Implied consent; conditions; election of test.

(a) Any person
who drives, operates, or is in physical control of a motor vehicle within this state or on
any boundary water of this state consents, subject to the provisions of sections 169A.50
to 169A.53 (implied consent law), and section 169A.20 (driving while impaired), to
a chemical test of that person's blood, breath, or urine for the purpose of determining
the presence of alcohol, new text begin a drug or its metabolite, a new text end controlled deleted text begin substances deleted text end new text begin substance or
its metabolite new text end , or new text begin a new text end hazardous deleted text begin substances deleted text end new text begin substance new text end . The test must be administered at
the direction of a peace officer.

(b) The test may be required of a person when an officer has probable cause to believe
the person was driving, operating, or in physical control of a motor vehicle in violation of
section 169A.20 (driving while impaired), and one of the following conditions exist:

(1) the person has been lawfully placed under arrest for violation of section 169A.20
or an ordinance in conformity with it;

(2) the person has been involved in a motor vehicle accident or collision resulting in
property damage, personal injury, or death;

(3) the person has refused to take the screening test provided for by section 169A.41
(preliminary screening test); or

(4) the screening test was administered and indicated an alcohol concentration of
0.08 or more.

(c) The test may also be required of a person when an officer has probable cause to
believe the person was driving, operating, or in physical control of a commercial motor
vehicle with the presence of any alcohol.

Sec. 6.

Minnesota Statutes 2004, section 169A.51, subdivision 2, is amended to read:

Subd. 2.

Implied consent advisory.

At the time a test is requested, the person
must be informed:

(1) that Minnesota law requires the person to take a test:

(i) to determine if the person is under the influence of alcohol, new text begin any drug, new text end controlled
substances, or hazardous substances;

(ii) to determine the presence of a controlled substance listed in schedule I or II new text begin or its
metabolite new text end , other than marijuana or tetrahydrocannabinols; and

(iii) if the motor vehicle was a commercial motor vehicle, to determine the presence
of alcohol;

(2) that refusal to take a test is a crime;

(3) if the peace officer has probable cause to believe the person has violated the
criminal vehicular homicide and injury laws, that a test will be taken with or without
the person's consent; and

(4) that the person has the right to consult with an attorney, but that this right is
limited to the extent that it cannot unreasonably delay administration of the test.

Sec. 7.

Minnesota Statutes 2004, section 169A.51, subdivision 4, is amended to read:

Subd. 4.

Requirement of urine or blood test.

Notwithstanding subdivision 3, a
blood or urine test may be required even after a breath test has been administered if there
is probable cause to believe that:

(1) there is impairment by new text begin a drug, new text end a controlled substance new text begin , new text end or new text begin a new text end hazardous substance
that is not subject to testing by a breath test; or

(2) a controlled substance listed in schedule I or II new text begin or its metabolite new text end , other than
marijuana or tetrahydrocannabinols, is present in the person's body.

Action may be taken against a person who refuses to take a blood test under this
subdivision only if a urine test was offered and action may be taken against a person who
refuses to take a urine test only if a blood test was offered.

Sec. 8.

Minnesota Statutes 2004, section 169A.51, subdivision 7, is amended to read:

Subd. 7.

Requirements for conducting tests; liability.

(a) Only a physician,
medical technician, emergency medical technician-paramedic, registered nurse, medical
technologist, medical laboratory technician, or laboratory assistant acting at the request
of a peace officer may withdraw blood for the purpose of determining the presence of
alcohol, new text begin a drug or its metabolite, a new text end controlled deleted text begin substances deleted text end new text begin substance or its metabolite new text end ,
or new text begin a new text end hazardous deleted text begin substances deleted text end new text begin substance new text end . This limitation does not apply to the taking of a
breath or urine sample.

(b) The person tested has the right to have someone of the person's own choosing
administer a chemical test or tests in addition to any administered at the direction of a
peace officer; provided, that the additional test sample on behalf of the person is obtained
at the place where the person is in custody, after the test administered at the direction of a
peace officer, and at no expense to the state. The failure or inability to obtain an additional
test or tests by a person does not preclude the admission in evidence of the test taken at
the direction of a peace officer unless the additional test was prevented or denied by the
peace officer.

(c) The physician, medical technician, emergency medical technician-paramedic,
medical technologist, medical laboratory technician, laboratory assistant, or registered
nurse drawing blood at the request of a peace officer for the purpose of determining the
concentration of alcohol, new text begin a drug or its metabolite, a new text end controlled deleted text begin substances deleted text end new text begin substance or
its metabolite new text end , or new text begin a new text end hazardous deleted text begin substances deleted text end new text begin substance new text end is in no manner liable in any civil or
criminal action except for negligence in drawing the blood. The person administering a
breath test must be fully trained in the administration of breath tests pursuant to training
given by the commissioner of public safety.

Sec. 9.

Minnesota Statutes 2004, section 169A.52, subdivision 2, is amended to read:

Subd. 2.

Reporting test failure.

new text begin (a) new text end 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 0.04 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 new text begin or its metabolite new text end ,
other than marijuana or tetrahydrocannabinols.

new text begin (b) If a person submits to a test and the test results indicate the presence of a drug
or its metabolite or 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.
new text end

Sec. 10.

Minnesota Statutes 2005 Supplement, 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 new text begin or its metabolite new text end , 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 0.04 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. 11.

Minnesota Statutes 2005 Supplement, 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 new text begin or its metabolite new text end ,
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 0.04 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. 12.

Minnesota Statutes 2004, section 169A.60, subdivision 2, is amended to read:

Subd. 2.

Plate impoundment violation; impoundment order.

(a) The
commissioner shall issue a registration plate impoundment order when:

(1) a person's driver's license or driving privileges are revoked for a plate
impoundment violation; or

(2) a person is arrested for or charged with a plate impoundment violation described
in subdivision 1, paragraph deleted text begin (c) deleted text end new text begin (d) new text end , clause (5).

(b) The order must require the impoundment of the registration plates of the motor
vehicle involved in the plate impoundment violation and all motor vehicles owned by,
registered, or leased in the name of the violator, including motor vehicles registered jointly
or leased in the name of the violator and another. The commissioner shall not issue an
impoundment order for the registration plates of a rental vehicle, as defined in section
168.041, subdivision 10, or a vehicle registered in another state.

Sec. 13.

Minnesota Statutes 2004, section 169A.60, subdivision 4, is amended to read:

Subd. 4.

Peace officer as agent for notice of impoundment.

On behalf of the
commissioner, a peace officer issuing a notice of intent to revoke and of revocation for a
plate impoundment violation shall also serve a notice of intent to impound and an order of
impoundment. On behalf of the commissioner, a peace officer who is arresting a person
for or charging a person with a plate impoundment violation described in subdivision
1, paragraph deleted text begin (c) deleted text end new text begin (d) new text end , clause (5), shall also serve a notice of intent to impound and an
order of impoundment. If the vehicle involved in the plate impoundment violation is
accessible to the officer at the time the impoundment order is issued, the officer shall seize
the registration plates subject to the impoundment order. The officer shall destroy all
plates seized or impounded under this section. The officer shall send to the commissioner
copies of the notice of intent to impound and the order of impoundment and a notice that
registration plates impounded and seized under this section have been destroyed.

Sec. 14. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 169A.41, subdivision 4, new text end new text begin is repealed.
new text end

Sec. 15. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1, 2, and 4 to 14 are effective August 1, 2006, and apply to impaired
driving incidents occurring on or after that date. Section 3 is effective the day following
final enactment.
new text end