1.1 	A bill for an act
1.2 	relating to public safety; requiring a search warrant in DWI and DWI-related cases 
1.3 	to obtain blood or urine samples; providing for license revocation; establishing 
1.4 	guidelines for license revocation hearings;amending Minnesota Statutes 2016, 
1.5 	sections 97B.066, subdivisions 1, 2, 4, 8, 9, by adding a subdivision; 169A.03, 
1.6 	subdivision 21; 169A.20, subdivision 2; 169A.51, subdivisions 2, 3, 4; 169A.53, 
1.7 	subdivisions 2, 3; 169A.54, subdivision 6; 169A.60, subdivision 10; 360.0753, 
1.8 	subdivisions 2, 3, 7, 9, by adding a subdivision; 624.7143, subdivisions 1, 2, 4, by 
1.9 	adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 
1.10 	171.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	ARTICLE 1
1.13 	DWI LAW CHANGES

1.14 	Section 1. Minnesota Statutes 2016, section 169A.03, subdivision 21, is amended to read:
1.15 		Subd. 21.Prior impaired driving-related loss of license. (a) "Prior impaired 
1.16 	driving-related loss of license" includes a driver's license suspension, revocation, cancellation, 
1.17 	denial, or disqualification under:
1.18 	(1) section 169A.31 (alcohol-related school bus or Head Start bus driving); 169A.50 to 
1.19 	169A.53 (implied consent law); 169A.54 (impaired driving convictions and adjudications; 
1.20 	administrative penalties); 171.04 (persons not eligible for drivers' licenses); 171.14
1.21 	(cancellation); 171.16 (court may recommend suspension); 171.165 (commercial driver's 
1.22 	license, disqualification); 171.17 (revocation); 171.177 (revocation; pursuant to search 
1.23 	warrant); or 171.18 (suspension); because of an alcohol-related incident;
1.24 	(2) Minnesota Statutes 2012, section 609.21 (criminal vehicular homicide and injury, 
1.25 	substance-related offenses), subdivision 1, clauses (2) to (6);
2.1 	(3) Minnesota Statutes 1998, section 169.121 (driver under influence of alcohol or 
2.2 	controlled substance); 169.1211 (alcohol-related driving by commercial vehicle drivers); 
2.3 	or 169.123 (chemical tests for intoxication);
2.4 	(4) Minnesota Statutes 2006, section 609.21 (criminal vehicular homicide and injury, 
2.5 	substance-related offenses), subdivision 1, clauses (2) to (6); subdivision 2, clauses (2) to 
2.6 	(6); subdivision 2a, clauses (2) to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
2.7 	clauses (2) to (6); or subdivision 4, clauses (2) to (6);
2.8 	(5) section 609.2112, subdivision 1, clauses (2) to (6); 609.2113, subdivision 1, clauses 
2.9 	(2) to (6), subdivision 2, clauses (2) to (6), or subdivision 3, clauses (2) to (6); or 609.2114, 
2.10 	subdivision 1, clauses (2) to (6), or subdivision 2, clauses (2) to (6); or
2.11 	(6) an ordinance from this state, or a statute or ordinance from another state, in conformity 
2.12 	with any provision listed in clause (1), (2), (3), (4), or (5).
2.13 	(b) "Prior impaired driving-related loss of license" also includes the revocation of 
2.14 	snowmobile or all-terrain vehicle operating privileges under section 84.911 (chemical 
2.15 	testing), or motorboat operating privileges under section 86B.335 (testing for alcohol and 
2.16 	controlled substances), for violations that occurred on or after August 1, 1994; the revocation 
2.17 	of snowmobile or all-terrain vehicle operating privileges under section 84.91 (operation of 
2.18 	snowmobiles and all-terrain vehicles by persons under the influence of alcohol or controlled 
2.19 	substances); or the revocation of motorboat operating privileges under section 86B.331
2.20 	(operation while using alcohol or drugs or with a physical or mental disability).
2.21 	(c) "Prior impaired driving-related loss of license" does not include any license action 
2.22 	stemming solely from a violation of section 169A.33 (underage drinking and driving), 
2.23 	171.09 (conditions of a restricted license), or 340A.503 (persons under the age of 21, illegal 
2.24 	acts).

2.25 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
2.26 	on or after that date.

2.27 	Sec. 2. Minnesota Statutes 2016, section 169A.20, subdivision 2, is amended to read:
2.28 		Subd. 2.Refusal to submit to chemical test crime. It is a crime for any person to refuse 
2.29 	to submit to a chemical test:
2.30 	(1) of the person's blood, breath, or urine under section 169A.51 (chemical tests for 
2.31 	intoxication), or 169A.52 (test refusal or failure; revocation of license); or
3.1 	(2) of the person's blood or urine as required by a search warrant under sections 626.04 
3.2 	to 626.18, and 171.177.

3.3 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
3.4 	on or after that date.

3.5 	Sec. 3. Minnesota Statutes 2016, section 169A.51, subdivision 2, is amended to read:
3.6 		Subd. 2.Implied consent Breath test advisory. (a) Subject to paragraph (b), At the 
3.7 	time a breath test is requested, the person must be informed:
3.8 	(1) that Minnesota law requires the person to take a test:
3.9 	(i) to determine if the person is under the influence of alcohol, controlled substances, or 
3.10 	hazardous substances; and
3.11 	(ii) to determine the presence of a controlled substance listed in Schedule I or II or 
3.12 	metabolite, other than marijuana or tetrahydrocannabinols; and
3.13 	(iii) if the motor vehicle was a commercial motor vehicle, to determine the presence of 
3.14 	alcohol;
3.15 	(2) that refusal to take submit to a breath test is a crime; and
3.16 	(3) if the peace officer has probable cause to believe the person has violated the criminal 
3.17 	vehicular homicide and injury laws, that a test will be taken with or without the person's 
3.18 	consent; and
3.19 	(4) that the person has the right to consult with an attorney, but that this right is limited 
3.20 	to the extent that it cannot unreasonably delay administration of the test.
3.21 	(b) A peace officer who is not pursuing an implied consent revocation is not required 
3.22 	to give the advisory described in paragraph (a) to a person whom the officer has probable 
3.23 	cause to believe has violated section 609.2112, subdivision 1, clause (2), (3), (4), (5), or 
3.24 	(6); 609.2113, subdivision 1, clause (2), (3), (4), (5), or (6); or 609.2114, subdivision 1, 
3.25 	clause (2), (3), (4), (5), or (6); or Minnesota Statutes 2012, 609.21, subdivision 1, clause 
3.26 	(2), (3), (4), (5), or (6) (criminal vehicular operation DWI-related provisions).

3.27 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
3.28 	on or after that date.

4.1 	Sec. 4. Minnesota Statutes 2016, section 169A.51, subdivision 3, is amended to read:
4.2 		Subd. 3.Type of test Blood or urine tests; search warrant required. The peace officer 
4.3 	who requires a test pursuant to this section may direct whether the test is of blood, breath, 
4.4 	or urine. Action may be taken against a person who refuses to take a blood test only if an 
4.5 	alternative test was offered and action may be taken against a person who refuses to take a 
4.6 	urine test only if an alternative test was offered (a) Notwithstanding any contrary provisions 
4.7 	in sections 169A.51 to 169A.53, a blood or urine test may be conducted only pursuant to a 
4.8 	search warrant under sections 626.04 to 626.18, or a judicially recognized exception to the 
4.9 	search warrant requirement. In addition, blood and urine tests may be conducted only as 
4.10 	provided in sections 169A.51 to 169A.53 and 171.177.
4.11 	(b) When, under the provisions of section 169A.20, 169A.51, or 171.177, a search 
4.12 	warrant is required for a blood or urine test, that requirement is met if a judicially recognized 
4.13 	exception to the warrant requirement is applicable.

4.14 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
4.15 	on or after that date.

4.16 	Sec. 5. Minnesota Statutes 2016, section 169A.51, subdivision 4, is amended to read:
4.17 		Subd. 4.Requirement of urine or blood test. Notwithstanding subdivision 3, A blood 
4.18 	or urine test may be required pursuant to a search warrant under sections 626.04 to 626.18 
4.19 	even after a breath test has been administered if there is probable cause to believe that:
4.20 	(1) there is impairment by a controlled substance or a hazardous substance that is not 
4.21 	subject to testing by a breath test; or
4.22 	(2) a controlled substance listed in Schedule I or II or its metabolite, other than marijuana 
4.23 	or tetrahydrocannabinols, is present in the person's body.; or
4.24 	(3) the person is unconscious or incapacitated to the point that the peace officer providing 
4.25 	a breath test advisory, administering a breath test, or serving the search warrant has a 
4.26 	good-faith belief that the person is mentally or physically unable to comprehend the breath 
4.27 	test advisory or otherwise voluntarily submit to chemical tests.
4.28 	Action may be taken against a person who refuses to take a blood test under this 
4.29 	subdivision only if a urinean alternative test was offered and action may be taken against 
4.30 	a person who refuses to take a urine test only if a bloodan alternative test was offered. This 
4.31 	limitation does not apply to an unconscious person under the circumstances described in 
4.32 	clause (3).

5.1 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
5.2 	on or after that date.

5.3 	Sec. 6. Minnesota Statutes 2016, section 169A.53, subdivision 2, is amended to read:
5.4 		Subd. 2.Petition for judicial review. (a) Within 3060 days following receipt of a notice 
5.5 	and order of revocation or disqualification pursuant to section 169A.52 (revocation of license 
5.6 	for test failure or refusal), a person may petition the court for review. The petition must be 
5.7 	filed with the district court administrator in the county where the alleged offense occurred, 
5.8 	together with proof of service of a copy on the commissioner, and accompanied by the 
5.9 	standard filing fee for civil actions. Responsive pleading is not required of the commissioner, 
5.10 	and court fees must not be charged for the appearance of the commissioner in the matter.
5.11 	(b) The petition must:
5.12 	(1) be captioned in the full name of the person making the petition as petitioner and the 
5.13 	commissioner as respondent;
5.14 	(2) include the petitioner's date of birth, driver's license number, and date of the offense; 
5.15 	and
5.16 	(3) state with specificity the grounds upon which the petitioner seeks rescission of the 
5.17 	order of revocation, disqualification, or denial.
5.18 	(c) The filing of the petition does not stay the revocation, disqualification, or denial. The 
5.19 	reviewing court may order a stay of the balance of the revocation or disqualification if the 
5.20 	hearing has not been conducted within 60 days after filing of the petition upon terms the 
5.21 	court deems proper.
5.22 	(d) Judicial reviews must be conducted according to the Rules of Civil Procedure, except 
5.23 	that prehearing discovery is mandatory and is limited to:
5.24 	(1) the notice of revocation;
5.25 	(2) the test record or, in the case of blood or urine tests, the certificate of analysis;
5.26 	(3) the peace officer's certificate and any accompanying documentation submitted by 
5.27 	the arresting officer to the commissioner; and
5.28 	(4) disclosure of potential witnesses, including experts, and the basis of their testimony.
5.29 	Other types of discovery are available only upon order of the court.

5.30 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
5.31 	on or after that date.

6.1 	Sec. 7. Minnesota Statutes 2016, section 169A.53, subdivision 3, is amended to read:
6.2 		Subd. 3.Judicial hearing; issues, order, appeal. (a) A judicial review hearing under 
6.3 	this section must be before a district judge in any county in the judicial district where the 
6.4 	alleged offense occurred. The hearing is to the court and may be conducted at the same time 
6.5 	and in the same manner as hearings upon pretrial motions in the criminal prosecution under 
6.6 	section 169A.20 (driving while impaired), if any. The hearing must be recorded. The 
6.7 	commissioner shall appear and be represented by the attorney general or through the 
6.8 	prosecuting authority for the jurisdiction involved. The hearing must be held at the earliest 
6.9 	practicable date, and in any event no later than 60 days following the filing of the petition 
6.10 	for review. The judicial district administrator shall establish procedures to ensure efficient 
6.11 	compliance with this subdivision. To accomplish this, the administrator may, whenever 
6.12 	possible, consolidate and transfer review hearings among the locations within the judicial 
6.13 	district where terms of district court are held.
6.14 	(b) The scope of the hearing is limited to the issues in clauses (1) to (11) (12):
6.15 	(1) Did the peace officer have probable cause to believe the person was driving, operating, 
6.16 	or in physical control of a motor vehicle or commercial motor vehicle in violation of section 
6.17 	169A.20 (driving while impaired)?
6.18 	(2) Was the person lawfully placed under arrest for violation of section 169A.20?
6.19 	(3) Was the person involved in a motor vehicle accident or collision resulting in property 
6.20 	damage, personal injury, or death?
6.21 	(4) Did the person refuse to take a screening test provided for by section 169A.41 
6.22 	(preliminary screening test)?
6.23 	(5) If the screening test was administered, did the test indicate an alcohol concentration 
6.24 	of 0.08 or more?
6.25 	(6) At the time of the request for the test, did the peace officer inform the person of the 
6.26 	person's rights and the consequences of taking or refusing the test as required by section 
6.27 	169A.51, subdivision 2?
6.28 	(7) Did the person refuse to permit the test?
6.29 	(8) If a test was taken by a person driving, operating, or in physical control of a motor 
6.30 	vehicle, did the test results indicate at the time of testing:
6.31 	(i) an alcohol concentration of 0.08 or more; or
7.1 	(ii) the presence of a controlled substance listed in Schedule I or II or its metabolite, 
7.2 	other than marijuana or tetrahydrocannabinols?
7.3 	(9) If a test was taken by a person driving, operating, or in physical control of a 
7.4 	commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or 
7.5 	more at the time of testing?
7.6 	(10) Was the testing method used valid and reliable and were the test results accurately 
7.7 	evaluated?
7.8 	(11) Did the person prove the defense of necessity?
7.9 	(12) Did the person prove the defense of controlled substance use in accordance with a 
7.10 	prescription?
7.11 	(c) It is an affirmative defense for the petitioner to prove that, at the time of the refusal, 
7.12 	the petitioner's refusal to permit the test was based upon reasonable grounds.
7.13 	(d) Certified or otherwise authenticated copies of laboratory or medical personnel reports, 
7.14 	records, documents, licenses, and certificates are admissible as substantive evidence.
7.15 	(e) The court shall order that the revocation or disqualification be either rescinded or 
7.16 	sustained and forward the order to the commissioner. The court shall file its order within 
7.17 	14 days following the hearing. If the revocation or disqualification is sustained, the court 
7.18 	shall also forward the person's driver's license or permit to the commissioner for further 
7.19 	action by the commissioner if the license or permit is not already in the commissioner's 
7.20 	possession.
7.21 	(f) Any party aggrieved by the decision of the reviewing court may appeal the decision 
7.22 	as provided in the Rules of Appellate Procedure.
7.23 	(g) The civil hearing under this section shall not give rise to an estoppel on any issues 
7.24 	arising from the same set of circumstances in any criminal prosecution.
7.25 	(h) It is an affirmative defense for the petitioner to prove a necessity.
7.26 	(i) It is an affirmative defense to the presence of a Schedule I or II controlled substance 
7.27 	that the person used the controlled substance according to the terms of a prescription issued 
7.28 	for the person according to sections 152.11 and 152.12, unless the court finds by a 
7.29 	preponderance of the evidence that the use of the controlled substance impaired the person's 
7.30 	ability to operate a motor vehicle.

7.31 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
7.32 	on or after that date.

8.1 	Sec. 8. Minnesota Statutes 2016, section 169A.54, subdivision 6, is amended to read:
8.2 		Subd. 6.Applicability of implied consent revocation. (a) Any person whose license 
8.3 	has been revoked pursuant to section 169A.52 (license revocation for test failure or refusal) 
8.4 	or section 171.177 (revocation; pursuant to a search warrant), as the result of the same 
8.5 	incident, and who does not have a qualified prior impaired driving incident, is subject to 
8.6 	the mandatory revocation provisions of subdivision 1, clause (1) or (2), in lieu of the 
8.7 	mandatory revocation provisions of section 169A.52 or 171.177.
8.8 	(b) Paragraph (a) does not apply to:
8.9 	(1) a person whose license has been revoked under subdivision 2 (driving while impaired 
8.10 	by person under age 21); or
8.11 	(2) a person whose driver's license has been revoked for, or who is charged with (i) an 
8.12 	alcohol concentration of twice the legal limit or more as measured at the time or within two 
8.13 	hours of the time of the offense; or (ii) a violation of section 169A.20 (driving while 
8.14 	impaired) with an aggravating factor described in section 169A.03, subdivision 3, clause 
8.15 	(3).

8.16 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
8.17 	on or after that date.

8.18 	Sec. 9. Minnesota Statutes 2016, section 169A.60, subdivision 10, is amended to read:
8.19 		Subd. 10.Petition for judicial review. (a) Within 3060 days following receipt of a 
8.20 	notice and order of impoundment under this section, a person may petition the court for 
8.21 	review. The petition must include proof of service of a copy of the petition on the 
8.22 	commissioner. The petition must include the petitioner's date of birth, driver's license number, 
8.23 	and date of the plate impoundment violation, as well as the name of the violator and the 
8.24 	law enforcement agency that issued the plate impoundment order. The petition must state 
8.25 	with specificity the grounds upon which the petitioner seeks rescission of the order for 
8.26 	impoundment. The petition may be combined with any petition filed under section 169A.53
8.27 	(administrative and judicial review of license revocation).
8.28 	(b) Except as otherwise provided in this section, the judicial review and hearing are 
8.29 	governed by section 169A.53 and must take place at the same time as any judicial review 
8.30 	of the person's license revocation under section 169A.53. The filing of the petition does not 
8.31 	stay the impoundment order. The reviewing court may order a stay of the balance of the 
8.32 	impoundment period if the hearing has not been conducted within 60 days after filing of 
8.33 	the petition upon terms the court deems proper. The court shall order either that the 
9.1 	impoundment be rescinded or sustained, and forward the order to the commissioner. The 
9.2 	court shall file its order within 14 days following the hearing.
9.3 	(c) In addition to the issues described in section 169A.53, subdivision 3 (judicial review 
9.4 	of license revocation), the scope of a hearing under this subdivision is limited to:
9.5 	(1) if the impoundment is based on a plate impoundment violation described in 
9.6 	subdivision 1, paragraph (d), clause (3) or (4), whether the peace officer had probable cause 
9.7 	to believe the violator committed the plate impoundment violation and whether the evidence 
9.8 	demonstrates that the plate impoundment violation occurred; and
9.9 	(2) for all other cases, whether the peace officer had probable cause to believe the violator 
9.10 	committed the plate impoundment violation.
9.11 	(d) In a hearing under this subdivision, the following records are admissible in evidence:
9.12 	(1) certified copies of the violator's driving record; and
9.13 	(2) certified copies of vehicle registration records bearing the violator's name.

9.14 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
9.15 	on or after that date.

9.16 	Sec. 10. [171.177] REVOCATION; PURSUANT TO SEARCH WARRANT.
9.17 		Subdivision 1.Search warrant-required testing advisory. (a) At the time a blood or 
9.18 	urine test is directed pursuant to a search warrant under sections 626.04 to 626.18, the person 
9.19 	must be informed:
9.20 	(1) that Minnesota law requires the person to take a test:
9.21 	(i) to determine if the person is under the influence of alcohol, controlled substances, or 
9.22 	hazardous substances;
9.23 	(ii) to determine the presence of a controlled substance listed in Schedule I or II or 
9.24 	metabolite, other than marijuana or tetrahydrocannabinols; and
9.25 	(iii) if the motor vehicle was a commercial motor vehicle, to determine the presence of 
9.26 	alcohol;
9.27 	(2) that the test is sought and required pursuant to a search warrant;
9.28 	(3) that refusal to submit to a blood or urine test is a crime;
10.1 	(4) that if the peace officer has probable cause to believe the person has violated the 
10.2 	criminal vehicular homicide and injury laws, a test will be taken with or without the person's 
10.3 	consent; and
10.4 	(5) that the person has the right to consult with an attorney, but that this right is limited 
10.5 	to the extent that it cannot unreasonably delay administration of the test.
10.6 	(b) A peace officer who is not pursuing a revocation under this section is not required 
10.7 	to give the advisory described in paragraph (a) to a person whom the officer has probable 
10.8 	cause to believe has violated section 609.2112, subdivision 1, clause (2), (3), (4), (5), or 
10.9 	(6); 609.2113, subdivision 1, clause (2), (3), (4), (5), or (6); or 609.2114, subdivision 1, 
10.10 	clause (2), (3), (4), (5), or (6); or Minnesota Statutes 2012, section 609.21, subdivision 1, 
10.11 	clause (2), (3), (4), (5), or (6) (criminal vehicular operation DWI-related provisions).
10.12 		Subd. 2.Type of test. The peace officer who directs a test pursuant to a search warrant 
10.13 	shall direct a blood or urine test as provided in the warrant. If the warrant authorizes either 
10.14 	a blood or urine test, the officer may direct whether the test is of blood or urine. If the person 
10.15 	to whom the test is directed objects to the test, the officer shall offer the person an alternative 
10.16 	test of either blood or urine. Action may be taken against a person who refuses to take a 
10.17 	blood test only if a urine test was offered and action may be taken against a person who 
10.18 	refuses to take a urine test only if a blood test was offered.
10.19 		Subd. 3.License revocation pursuant to search warrant. After executing a search 
10.20 	warrant under sections 626.04 to 626.18 for the collection of a blood or urine sample based 
10.21 	upon probable cause of a violation of section 169A.20, the peace officer acting under sections 
10.22 	626.13 to 626.17 shall certify to the commissioner of public safety:
10.23 	(1) when a person refuses to comply with the execution of the search warrant; or
10.24 	(2) if a person submits to the test and the test results indicate:
10.25 	(i) an alcohol concentration of 0.08 or more;
10.26 	(ii) an alcohol concentration of 0.04 or more, if the person was driving, operating, or in 
10.27 	physical control of a commercial motor vehicle at the time of the violation; or
10.28 	(iii) the presence of a controlled substance listed in Schedule I or II or its metabolite, 
10.29 	other than marijuana or tetrahydrocannabinols.
10.30 		Subd. 4.Test refusal; license revocation. (a) Upon certification under subdivision 3 
10.31 	that there existed probable cause to believe the person had been driving, operating, or in 
10.32 	physical control of a motor vehicle in violation of section 169A.20 (driving while impaired), 
10.33 	and that the person refused to comply with the execution of the search warrant under sections 
11.1 	626.04 to 626.18, the commissioner shall revoke the person's license or permit to drive or 
11.2 	nonresident operating privilege. The commissioner shall revoke the license, permit, or 
11.3 	nonresident operating privilege:
11.4 	(1) for a person with no qualified prior impaired driving incidents within the past ten 
11.5 	years, for a period of not less than one year;
11.6 	(2) for a person under the age of 21 years and with no qualified prior impaired driving 
11.7 	incidents within the past ten years, for a period of not less than one year;
11.8 	(3) for a person with one qualified prior impaired driving incident within the past ten 
11.9 	years or two qualified prior impaired driving incidents, for a period of not less than two 
11.10 	years;
11.11 	(4) for a person with two qualified prior impaired driving incidents within the past ten 
11.12 	years or three qualified prior impaired driving incidents, for a period of not less than three 
11.13 	years;
11.14 	(5) for a person with three qualified prior impaired driving incidents within the past ten 
11.15 	years, for a period of not less than four years; or
11.16 	(6) for a person with four or more qualified prior impaired driving incidents, for a period 
11.17 	of not less than six years.
11.18 	(b) When a person who had been driving, operating, or in physical control of a 
11.19 	commercial motor vehicle refuses to comply with the search warrant and permit testing, 
11.20 	the commissioner shall disqualify the person from operating a commercial motor vehicle 
11.21 	and shall revoke the person's license or permit to drive or nonresident operating privilege 
11.22 	according to the federal regulations adopted by reference in section 171.165, subdivision 
11.23 	2.
11.24 		Subd. 5.Test failure; license revocation. (a) Upon certification under subdivision 3, 
11.25 	pursuant to a search warrant under sections 626.04 to 626.18, that there existed probable 
11.26 	cause to believe the person had been driving, operating, or in physical control of a motor 
11.27 	vehicle in violation of section 169A.20 (driving while impaired), and that the person 
11.28 	submitted to a test and the test results indicate an alcohol concentration of 0.08 or more or 
11.29 	the presence of a controlled substance listed in Schedule I or II or its metabolite, other than 
11.30 	marijuana or tetrahydrocannabinols, the commissioner shall revoke the person's license or 
11.31 	permit to drive or nonresident operating privilege:
11.32 	(1) for a period of 90 days or, if the test results indicate an alcohol concentration of twice 
11.33 	the legal limit or more, not less than one year;
12.1 	(2) if the person is under the age of 21 years, for a period of not less than 180 days or, 
12.2 	if the test results indicate an alcohol concentration of twice the legal limit or more, not less 
12.3 	than one year;
12.4 	(3) for a person with one qualified prior impaired driving incident within the past ten 
12.5 	years or two qualified prior impaired driving incidents, for a period of not less than one 
12.6 	year or, if the test results indicate an alcohol concentration of twice the legal limit or more, 
12.7 	not less than two years;
12.8 	(4) for a person with two qualified prior impaired driving incidents within the past ten 
12.9 	years or three qualified prior impaired driving incidents, for a period of not less than three 
12.10 	years;
12.11 	(5) for a person with three qualified prior impaired driving incidents within the past ten 
12.12 	years, for a period of not less than four years; or
12.13 	(6) for a person with four or more qualified prior impaired driving incidents, for a period 
12.14 	of not less than six years.
12.15 	(b) On certification by the peace officer that there existed probable cause to believe the 
12.16 	person had been driving, operating, or in physical control of a commercial motor vehicle 
12.17 	with any presence of alcohol and that the person submitted to a test and the test results 
12.18 	indicated an alcohol concentration of 0.04 or more, the commissioner shall disqualify the 
12.19 	person from operating a commercial motor vehicle under section 171.165 (commercial 
12.20 	driver's license disqualification).
12.21 	(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau of 
12.22 	Criminal Apprehension or authorized by the bureau to conduct the analysis of a blood or 
12.23 	urine sample, the laboratory may directly certify to the commissioner the test results, and 
12.24 	the peace officer shall certify to the commissioner that there existed probable cause to 
12.25 	believe the person had been driving, operating, or in physical control of a motor vehicle in 
12.26 	violation of section 169A.20 (driving while impaired), and that the person submitted to a 
12.27 	test. Upon receipt of both certifications, the commissioner shall undertake the license actions 
12.28 	described in paragraphs (a) and (b).
12.29 		Subd. 6.Unlicensed drivers; license issuance denial. If the person is a resident without 
12.30 	a license or permit to operate a motor vehicle in this state, the commissioner shall deny to 
12.31 	the person the issuance of a license or permit after the date of the alleged violation for the 
12.32 	same period as provided in this section for revocation, subject to review as provided in 
12.33 	subdivisions 10 and 11.
13.1 		Subd. 7.Notice of revocation or disqualification; review. A revocation under this 
13.2 	section, or a disqualification under section 171.165 (commercial driver's license 
13.3 	disqualification), becomes effective at the time the commissioner or a peace officer acting 
13.4 	on behalf of the commissioner notifies the person of the intention to revoke, disqualify, or 
13.5 	both, and of revocation or disqualification. The notice must advise the person of the right 
13.6 	to obtain administrative and judicial review as provided in subdivisions 10 and 11. If mailed, 
13.7 	the notice and order of revocation or disqualification is deemed received three days after 
13.8 	mailing to the last known address of the person.
13.9 		Subd. 8.Test refusal; driving privilege lost. (a) On behalf of the commissioner, a peace 
13.10 	officer requiring a test or directing the administration of a chemical test pursuant to a search 
13.11 	warrant under sections 626.04 to 626.18 shall serve immediate notice of intention to revoke 
13.12 	and of revocation on a person who refuses to permit a test or on a person who submits to a 
13.13 	test the results of which indicate an alcohol concentration of 0.08 or more.
13.14 	(b) On behalf of the commissioner, a peace officer requiring a test or directing the 
13.15 	administration of a chemical test of a person driving, operating, or in physical control of a 
13.16 	commercial motor vehicle pursuant to a search warrant under sections 626.04 to 626.18 
13.17 	shall serve immediate notice of intention to disqualify and of disqualification on a person 
13.18 	who refuses to permit a test or on a person who submits to a test the results of which indicate 
13.19 	an alcohol concentration of 0.04 or more.
13.20 	(c) The officer shall:
13.21 	(1) invalidate the person's driver's license or permit card by clipping the upper corner 
13.22 	of the card in such a way that no identifying information including the photo is destroyed, 
13.23 	and immediately return the card to the person;
13.24 	(2) issue the person a temporary license effective for only seven days; and
13.25 	(3) send the notification of this action to the commissioner along with the certificate 
13.26 	required by subdivision 5 or 6.
13.27 		Subd. 9.Notice of action to other states. When a nonresident's privilege to operate a 
13.28 	motor vehicle in this state has been revoked or denied, the commissioner shall give 
13.29 	information in writing of the action taken to the official in charge of traffic control or public 
13.30 	safety of the state of the person's residence and of any state in which the person has a license.
13.31 		Subd. 10.Administrative review. (a) At any time during a period of revocation imposed 
13.32 	under this section, or a period of disqualification imposed under section 171.165 (commercial 
13.33 	driver's license disqualification), a person may request in writing a review of the order of 
14.1 	revocation or disqualification by the commissioner, unless the person is entitled to review 
14.2 	under section 171.166 (review of disqualification). Upon receiving a request, the 
14.3 	commissioner or the commissioner's designee shall review the order, the evidence upon 
14.4 	which the order was based, and any other material information brought to the attention of 
14.5 	the commissioner and determine whether sufficient cause exists to sustain the order. Within 
14.6 	15 days of receiving the request, the commissioner shall report in writing the results of the 
14.7 	review. The review provided in this subdivision is not subject to the contested case provisions 
14.8 	of the Administrative Procedure Act in sections 14.001 to 14.69.
14.9 	(b) The availability of administrative review for an order of revocation or disqualification 
14.10 	has no effect upon the availability of judicial review under this section.
14.11 	(c) Review under this subdivision must take place, if possible, at the same time as any 
14.12 	administrative review of the person's impoundment order under section 169A.60, subdivision 
14.13 	9.
14.14 		Subd. 11.Petition for judicial review. (a) Within 60 days following receipt of a notice 
14.15 	and order of revocation pursuant to this section, a person may petition the court for review. 
14.16 	The petition must be filed with the district court administrator in the county where the 
14.17 	alleged offense occurred, together with proof of service of a copy on the commissioner, and 
14.18 	accompanied by the standard filing fee for civil actions. Responsive pleading is not required 
14.19 	of the commissioner, and court fees must not be charged for the appearance of the 
14.20 	commissioner in the matter.
14.21 	(b) The petition must:
14.22 	(1) be captioned in the full name of the person making the petition as petitioner and the 
14.23 	commissioner as respondent;
14.24 	(2) include the petitioner's date of birth and driver's license number, and the date of the 
14.25 	offense; and
14.26 	(3) state with specificity the grounds upon which the petitioner seeks rescission of the 
14.27 	order of revocation, disqualification, or denial.
14.28 	(c) The filing of the petition does not stay the revocation, disqualification, or denial. The 
14.29 	reviewing court may order a stay of the balance of the revocation or disqualification if the 
14.30 	hearing has not been conducted within 60 days after filing the petition upon terms the court 
14.31 	deems proper.
14.32 	(d) Judicial reviews must be conducted according to the Rules of Civil Procedure, except 
14.33 	that prehearing discovery is mandatory and is limited to:
15.1 	(1) the notice of revocation;
15.2 	(2) the certificate of analysis of the blood or urine test;
15.3 	(3) the peace officer's certificate and any accompanying documentation submitted by 
15.4 	the arresting officer to the commissioner; and
15.5 	(4) disclosure of potential witnesses, including experts, and the basis of their testimony.
15.6 	Other types of discovery are available only upon order of the court.
15.7 		Subd. 12.Judicial hearing; issues, order, appeal. (a) A judicial review hearing under 
15.8 	this section must be before a district judge in any county in the judicial district where the 
15.9 	alleged offense occurred. The hearing is to the court and may be conducted at the same time 
15.10 	and in the same manner as hearings upon pretrial motions in the criminal prosecution under 
15.11 	section 169A.20 (driving while impaired), if any. The hearing must be recorded. The 
15.12 	commissioner shall appear and be represented by the attorney general or through the 
15.13 	prosecuting authority for the jurisdiction involved. The hearing must be held at the earliest 
15.14 	practicable date, and in any event no later than 60 days following the filing of the petition 
15.15 	for review. The judicial district administrator shall establish procedures to ensure efficient 
15.16 	compliance with this subdivision. To accomplish this, the administrator may, whenever 
15.17 	possible, consolidate and transfer review hearings among the locations within the judicial 
15.18 	district where terms of district court are held.
15.19 	(b) The scope of the hearing is limited to the issues in clauses (1) to (13):
15.20 	(1) Did the peace officer have probable cause to believe the person was driving, operating, 
15.21 	or in physical control of a motor vehicle or commercial motor vehicle in violation of section 
15.22 	169A.20 (driving while impaired)?
15.23 	(2) Was the person lawfully placed under arrest for violation of section 169A.20?
15.24 	(3) Was the person involved in a motor vehicle accident or collision resulting in property 
15.25 	damage, personal injury, or death?
15.26 	(4) Did a licensed peace officer apply for a search warrant in accordance with the 
15.27 	requirements set forth in sections 626.04 to 626.18?
15.28 	(5) Did a neutral magistrate review the application for a search warrant and determine 
15.29 	there was probable cause to believe that the person was driving, operating, or in physical 
15.30 	control of a motor vehicle or commercial motor vehicle in violation of section 169A.20 
15.31 	(driving while impaired)?
15.32 	(6) Was the search warrant and the process by which it was obtained valid?
16.1 	(7) At the time of directing the person to take the test, did the peace officer inform the 
16.2 	person that the person had a legal obligation to take the test and inform the person of the 
16.3 	person's rights and the consequences of taking or refusing the test as required by subdivision 
16.4 	1?
16.5 	(8) Did the person refuse to permit the test?
16.6 	(9) If a test was taken by a person driving, operating, or in physical control of a motor 
16.7 	vehicle, did the test results indicate at the time of testing:
16.8 	(i) an alcohol concentration of 0.08 or more; or
16.9 	(ii) the presence of a controlled substance listed in Schedule I or II or its metabolite, 
16.10 	other than marijuana or tetrahydrocannabinols?
16.11 	(10) If a test was taken by a person driving, operating, or in physical control of a 
16.12 	commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or 
16.13 	more at the time of testing?
16.14 	(11) Was the testing method used valid and reliable and were the test results accurately 
16.15 	evaluated?
16.16 	(12) Did the person prove the defense of necessity?
16.17 	(13) Did the person prove the defense of controlled substance use in accordance with a 
16.18 	prescription?
16.19 	(c) Certified or otherwise authenticated copies of laboratory or medical personnel reports, 
16.20 	records, documents, licenses, and certificates are admissible as substantive evidence.
16.21 	(d) The court shall order that the revocation or disqualification be either rescinded or 
16.22 	sustained and forward the order to the commissioner. The court shall file its order within 
16.23 	14 days following the hearing. If the revocation or disqualification is sustained, the court 
16.24 	shall also forward the person's driver's license or permit to the commissioner for further 
16.25 	action by the commissioner if the license or permit is not already in the commissioner's 
16.26 	possession.
16.27 	(e) Any party aggrieved by the decision of the reviewing court may appeal the decision 
16.28 	as provided in the Rules of Appellate Procedure.
16.29 	(f) The civil hearing under this section shall not give rise to an estoppel on any issues 
16.30 	arising from the same set of circumstances in any criminal prosecution.
16.31 	(g) It is an affirmative defense for the petitioner to prove a necessity.
17.1 	(h) It is an affirmative defense to the presence of a Schedule I or II controlled substance 
17.2 	that the person used the controlled substance according to the terms of a prescription issued 
17.3 	for the person according to sections 152.11 and 152.12, unless the court finds by a 
17.4 	preponderance of the evidence that the use of the controlled substance impaired the person's 
17.5 	ability to operate a motor vehicle.
17.6 		Subd. 13.Test refusal; no test given. (a) If a person refuses to permit a blood or urine 
17.7 	test as required by a search warrant and the provisions of this section, then a test must not 
17.8 	be given. However, the applicable provisions of this section, section 169A.52, subdivision 
17.9 	1, and other law apply.
17.10 	(b) Notwithstanding paragraph (a), if a peace officer has probable cause to believe that 
17.11 	a person has violated section 609.2112, 609.2113, or 609.2114, or Minnesota Statutes 2012, 
17.12 	section 609.21 (criminal vehicular homicide or injury), a test may be required and obtained 
17.13 	despite the person's refusal. A refusal to submit to a test does not constitute a violation of 
17.14 	section 609.50 (obstructing legal process), unless the refusal was accompanied by force or 
17.15 	violence or the threat of force or violence.
17.16 		Subd. 14.Definitions. The definitions from section 169A.03 apply to this section.

17.17 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
17.18 	on or after that date.

17.19 	ARTICLE 2
17.20 	CONFORMING CHANGES

17.21 	Section 1. Minnesota Statutes 2016, section 97B.066, subdivision 1, is amended to read:
17.22 		Subdivision 1.Mandatory chemical testing. (a) A person who takes wild animals with 
17.23 	a bow or firearm in this state or on a boundary water of this state is required, subject to the 
17.24 	provisions of this section, to take or submit to a test of the person's blood, breath, or urine 
17.25 	for the purpose of determining the presence and amount of alcohol or a controlled substance. 
17.26 	The test shall be administered at the direction of an officer authorized to make arrests under 
17.27 	section 97B.065, subdivision 2.
17.28 	(b) Taking or submitting to thea test of the person's breath is mandatory when requested 
17.29 	by an officer who has probable cause to believe the person was hunting in violation of 
17.30 	section 97B.065, subdivision 1, paragraph (a) or (c), and one of the following conditions 
17.31 	exists:
18.1 	(1) the person has been lawfully placed under arrest for violating section 97B.065, 
18.2 	subdivision 1, paragraph (a) or (c);
18.3 	(2) the person has been involved while hunting in an accident resulting in property 
18.4 	damage, personal injury, or death;
18.5 	(3) the person has refused to take the preliminary screening test provided for in section 
18.6 	97B.065, subdivision 3; or
18.7 	(4) the screening test was administered and indicated an alcohol concentration of 0.08 
18.8 	or more.
18.9 	(c) Taking or submitting to a test of the person's blood or urine is mandatory when 
18.10 	requested by a peace officer under the conditions described in paragraph (b) if the officer 
18.11 	is acting pursuant to a search warrant under sections 626.04 to 626.18.

18.12 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
18.13 	on or after that date.

18.14 	Sec. 2. Minnesota Statutes 2016, section 97B.066, is amended by adding a subdivision to 
18.15 	read:
18.16 		Subd. 1a.Blood or urine test; search warrant required. Notwithstanding any contrary 
18.17 	provision in this section, a blood or urine test may be conducted only pursuant to a search 
18.18 	warrant under sections 626.04 to 626.18, or a judicially recognized exception to the search 
18.19 	warrant requirement. When, under the provisions of this section, a search warrant is required 
18.20 	for a blood or urine test, that requirement is met if a judicially recognized exception to the 
18.21 	search warrant is applicable.

18.22 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
18.23 	on or after that date.

18.24 	Sec. 3. Minnesota Statutes 2016, section 97B.066, subdivision 2, is amended to read:
18.25 		Subd. 2.Penalties; refusal; revocation of hunting privilege. (a) If a person refuses to 
18.26 	take a test required under subdivision 1, none must be given but the officer authorized to 
18.27 	make arrests under section 97B.065, subdivision 2, shall report the refusal to the 
18.28 	commissioner of natural resources and to the authority having responsibility for prosecution 
18.29 	of misdemeanor offenses for the jurisdiction in which the incident occurred that gave rise 
18.30 	to the test demand and refusal.
19.1 	On certification by the officer that probable cause existed to believe the person had been 
19.2 	hunting while under the influence of alcohol or a controlled substance, that in the case of a 
19.3 	blood or urine test the officer was acting pursuant to a search warrant, and that the person 
19.4 	refused to submit to testing, the commissioner shall impose a civil penalty of $500 and shall 
19.5 	prohibit the person from hunting for one year.
19.6 	On behalf of the commissioner, an officer requiring a test or directing the administration 
19.7 	of a test shall serve on a person who refused to permit a test immediate notice of intention 
19.8 	to prohibit the person from hunting, and to impose the civil penalty set forth in this 
19.9 	subdivision. If the officer fails to serve a notice of intent to suspend hunting privileges, the 
19.10 	commissioner may notify the person by certified mail to the address on the license of the 
19.11 	person. The notice must advise the person of the right to obtain administrative and judicial 
19.12 	review as provided in this section. The prohibition imposed by the commissioner takes 
19.13 	effect ten days after receipt of the notice. The civil penalty is imposed 30 days after receipt 
19.14 	of the notice or upon return of the certified mail to the commissioner, and must be paid 
19.15 	within 30 days of imposition.
19.16 	(b) A person who hunts during the period the person is prohibited from hunting as 
19.17 	provided under paragraph (a) is guilty of a misdemeanor.

19.18 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
19.19 	on or after that date.

19.20 	Sec. 4. Minnesota Statutes 2016, section 97B.066, subdivision 4, is amended to read:
19.21 		Subd. 4.Requirement of urine Type of test. Notwithstanding subdivision 1, (a) A 
19.22 	peace officer who directs a test pursuant to this section may direct a breath test.
19.23 	(b) A peace officer, acting pursuant to a search warrant, may direct a blood or urine test 
19.24 	as provided in the warrant. If the warrant authorizes either a blood or urine test, the officer 
19.25 	may direct whether the test is of blood or urine. If the person to whom the test is directed 
19.26 	objects to the test, the officer shall offer the person an alternative test of either blood or 
19.27 	urine.
19.28 	(c) If there is probable cause to believe there is impairment by a controlled substance 
19.29 	that is not subject to testing by a breath test, a blood or urine test may be required pursuant 
19.30 	to a search warrant even after a breath test has been administered.
19.31 	(d) Action under this section may be taken against a person who refuses to take a blood 
19.32 	test only if an alternative test was offered and action may be taken against a person who 
19.33 	refuses to take a urine test only if an alternative test was offered.

20.1 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
20.2 	on or after that date.

20.3 	Sec. 5. Minnesota Statutes 2016, section 97B.066, subdivision 8, is amended to read:
20.4 		Subd. 8.Judicial review. (a) Within 3060 days following receipt of a notice and order 
20.5 	imposing sanctions under this section, a person may petition the court for review. The 
20.6 	petition must be filed with the district court administrator in the county where the incident 
20.7 	occurred giving rise to the test demand and refusal, together with proof of service of a copy 
20.8 	on the commissioner and the prosecuting authority for misdemeanor offenses for the 
20.9 	jurisdiction in which the incident occurred. A responsive pleading is not required of the 
20.10 	commissioner of natural resources, and court fees may not be charged for the appearance 
20.11 	of the representative of the commissioner in the matter.
20.12 	(b) The petition must be captioned in the name of the person making the petition as 
20.13 	petitioner and the commissioner as respondent. The petition must state specifically the 
20.14 	grounds upon which the petitioner seeks rescission of the order imposing sanctions.
20.15 	(c) The filing of the petition does not stay the revocation or prohibition against hunting. 
20.16 	However, the filing of a petition stays imposition of the civil penalty. The judicial review 
20.17 	shall be conducted according to the Rules of Civil Procedure.

20.18 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
20.19 	on or after that date.

20.20 	Sec. 6. Minnesota Statutes 2016, section 97B.066, subdivision 9, is amended to read:
20.21 		Subd. 9.Hearing. (a) A hearing under this section must be before a district court judge 
20.22 	in the county where the incident occurred which gave rise to the test demand and refusal. 
20.23 	The hearing must be to the court and may be conducted at the same time as hearings upon 
20.24 	pretrial motions in the criminal prosecution under section 97B.065. The hearing must be 
20.25 	recorded. The commissioner must be represented by the prosecuting authority for 
20.26 	misdemeanor offenses for the jurisdiction in which the incident occurred which gave rise 
20.27 	to the test demand and refusal.
20.28 	(b) The hearing must be held at the earliest practicable date and in any event no later 
20.29 	than 60 days following the filing of the petition for review. The reviewing court may order 
20.30 	a temporary stay of the balance of the prohibition or revocation if the hearing has not been 
20.31 	conducted within 60 days after filing of the petition, upon the application of the petitioner 
20.32 	and upon terms the court deems proper.
21.1 	(c) The scope of the hearing must be limited to the issues of:
21.2 	(1) whether the officer had probable cause to believe that the person violated section 
21.3 	97B.065;
21.4 	(2) whether one of the conditions in subdivision 1 existed;
21.5 	(3) if the test involved blood or urine, whether a licensed peace officer applied for a 
21.6 	search warrant in accordance with the requirements set forth in sections 626.04 to 626.18, 
21.7 	and, if so, whether a neutral magistrate reviewed the application for the search warrant and 
21.8 	determined there was probable cause to believe that the person violated section 97B.065, 
21.9 	and whether the warrant and the process by which it was obtained was valid;
21.10 	(4) whether the person was informed as prescribed in subdivision 3; and
21.11 	(4)(5) whether the person refused to submit to testing.
21.12 	(d) It is an affirmative defense for the petitioner to prove that, at the time of the refusal, 
21.13 	the petitioner's refusal to permit the test was based upon reasonable grounds.
21.14 	(e) The court shall order that the prohibition or revocation be either sustained or rescinded 
21.15 	and shall either sustain or rescind the civil penalty. The court shall forward a copy of the 
21.16 	order to the commissioner.

21.17 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
21.18 	on or after that date.

21.19 	Sec. 7. Minnesota Statutes 2016, section 360.0753, subdivision 2, is amended to read:
21.20 		Subd. 2.Implied consent; conditions; election of test. (a) Any person who operates 
21.21 	or attempts to operate an aircraft in or over this state or over any boundary water of this 
21.22 	state consents, subject to the provisions of this section and section 360.0752, to a chemical 
21.23 	test of that person's blood, breath, or urine for the purpose of determining the presence or 
21.24 	amount of alcohol, controlled substances, or hazardous substances. The test shall be 
21.25 	administered at the direction of a peace officer.
21.26 	The (b) A test of the person's breath may be required of a person when an officer has 
21.27 	probable cause to believe the person was operating or attempting to operate an aircraft in 
21.28 	violation of section 360.0752 and one of the following conditions exists:
21.29 	(1) the person has been lawfully placed under arrest for violation of section 360.0752;
21.30 	(2) the person has been involved in an aircraft accident or collision resulting in property 
21.31 	damage, personal injury, or death;
22.1 	(3) the person has refused to take the screening test provided for by section 360.0752;
22.2 	(4) the screening test was administered and recorded an alcohol concentration of 0.04 
22.3 	or more or the presence of a controlled substance listed in Schedule I or II other than 
22.4 	marijuana or tetrahydrocannabinols; or
22.5 	(5) the officer had probable cause to believe that the person was operating or attempting 
22.6 	to operate an aircraft with any amount of alcohol present in the person's body.
22.7 	(c) A test of the person's blood or urine may be required by an officer under the conditions 
22.8 	described in paragraph (b) if the officer is acting pursuant to a search warrant under sections 
22.9 	626.04 to 626.18.
22.10 	(b)(d) At the time a test is requested, the person shall be informed:
22.11 	(1) that Minnesota law requires the person to take a test to determine the presence or 
22.12 	amount of alcohol or a controlled substance listed in Schedule I or II other than marijuana 
22.13 	or tetrahydrocannabinols, or to determine if the person is under the influence of alcohol, 
22.14 	controlled substances, or hazardous substances;
22.15 	(2) that whether a test is taken or refused, the person may be subject to criminal 
22.16 	prosecution for an alcohol, controlled substance, or hazardous substance-related offense 
22.17 	relating to the operation of an aircraft;
22.18 	(3) that if testing is refused, the person may be subject to criminal prosecution because 
22.19 	the person refused testing and the person will be disqualified from operating an aircraft for 
22.20 	a minimum period of one year;
22.21 	(4) if the peace officer has probable cause to believe the person has violated the criminal 
22.22 	vehicular homicide and injury laws, that pursuant to a search warrant a test will be taken 
22.23 	with or without the person's consent; and
22.24 	(5) that the person has the right to consult with an attorney, but that this right is limited 
22.25 	to the extent that it cannot unreasonably delay administration of the test.
22.26 	(c) The peace officer who requires a test pursuant to this subdivision may direct whether 
22.27 	the test shall be of blood, breath, or urine. Action may be taken against a person who refuses 
22.28 	to take a blood test only if an alternative test was offered, and action may be taken against 
22.29 	a person who refuses to take a urine test only if an alternative test was offered.

22.30 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
22.31 	on or after that date.

23.1 	Sec. 8. Minnesota Statutes 2016, section 360.0753, is amended by adding a subdivision 
23.2 	to read:
23.3 		Subd. 2a.Blood or urine test; search warrant required. Notwithstanding any contrary 
23.4 	provision in this section, a blood or urine test may be conducted only pursuant to a search 
23.5 	warrant under sections 626.04 to 626.18, or a judicially recognized exception to the search 
23.6 	warrant requirement. When, under the provisions of this section, a search warrant is required 
23.7 	for a blood or urine test, that requirement is met if a judicially recognized exception to the 
23.8 	search warrant is applicable.

23.9 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
23.10 	on or after that date.

23.11 	Sec. 9. Minnesota Statutes 2016, section 360.0753, subdivision 3, is amended to read:
23.12 		Subd. 3.Requirement of urine or blood Type of test. Notwithstanding subdivision 2,
23.13 	(a) A peace officer who directs a test pursuant to this section may direct a breath test.
23.14 	(b) A peace officer, acting pursuant to a search warrant, may direct a blood or urine test 
23.15 	as provided in the warrant. If the warrant authorizes either a blood or urine test, the officer 
23.16 	may direct whether the test is of blood or urine. If the person to whom the test is directed 
23.17 	objects to the test, the officer shall offer the person an alternative test of either blood or 
23.18 	urine.
23.19 	(c) A blood or urine test may be required pursuant to a search warrant even after a breath 
23.20 	test has been administered if there is probable cause to believe that: (1) there is impairment 
23.21 	by a controlled substance or hazardous substance that is not subject to testing by a breath 
23.22 	test; or (2) a controlled substance listed in Schedule I or II, other than marijuana or 
23.23 	tetrahydrocannabinols, is present in the person's body. Action may be taken against a person 
23.24 	who refuses to take a blood test under this subdivision only if a urine test was offered, and 
23.25 	action may be taken against a person who refuses to take a urine test only if a blood test 
23.26 	was offered.
23.27 	(d) Action under this section may be taken against a person who refuses to take a blood 
23.28 	test only if an alternative test was offered and action may be taken against a person who 
23.29 	refuses to take a urine test only if an alternative test was offered.

23.30 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
23.31 	on or after that date.

24.1 	Sec. 10. Minnesota Statutes 2016, section 360.0753, subdivision 7, is amended to read:
24.2 		Subd. 7.Refusal to permit test; cease and desist order. If a person under arrest refuses 
24.3 	to permit chemical testing, none shall be given, but the commissioner of transportation, 
24.4 	upon the receipt of a certificate of the peace officer that the officer had reasonable and 
24.5 	probable grounds to believe the arrested person had been operating or attempting to operate 
24.6 	an aircraft in violation of section 360.0752, that in the case of a blood or urine test the officer 
24.7 	was acting pursuant to a search warrant, and that the person had refused to permit the test, 
24.8 	shall issue a cease and desist order prohibiting the operation of an aircraft for a period of 
24.9 	one year. However, if a peace officer has probable cause to believe that the person has 
24.10 	violated section 609.2112, 609.2113, or 609.2114, a test may be required and obtained 
24.11 	despite the person's refusal. When a test is obtained pursuant to this section after the person 
24.12 	refused to submit to testing, the commissioner of transportation shall issue a cease and desist 
24.13 	order under this section based on the person's refusal. However, if the test is of the person's 
24.14 	blood or urine, the test must have been taken pursuant to a search warrant in order for a 
24.15 	cease and desist order to be issued.

24.16 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
24.17 	on or after that date.

24.18 	Sec. 11. Minnesota Statutes 2016, section 360.0753, subdivision 9, is amended to read:
24.19 		Subd. 9.Hearing. The hearing shall be before a district court in the county where the 
24.20 	arrest occurred, unless there is agreement that the hearing may be held in some other county. 
24.21 	The hearing shall be recorded and proceed as in a criminal matter, without the right of trial 
24.22 	by jury, and its scope shall cover the issues of whether the peace officer had reasonable and 
24.23 	probable grounds to believe the person was operating or attempting to operate an aircraft 
24.24 	in violation of section 360.0752; whether the person was lawfully placed under arrest; if 
24.25 	the test involved blood or urine, whether a licensed peace officer applied for a search warrant 
24.26 	in accordance with the requirements set forth in sections 626.04 to 626.18, and, if so, whether 
24.27 	a neutral magistrate reviewed the application for the search warrant and determined there 
24.28 	was probable cause to believe that the person violated section 360.0752, and whether the 
24.29 	warrant and the process by which it was obtained was valid; whether the person refused to 
24.30 	permit the test, and if the person refused whether the person had reasonable grounds for 
24.31 	refusing to permit the test; and whether at the time of request for the test the peace officer 
24.32 	informed the person that the right to fly will be denied if the person refused to permit the 
24.33 	test and of the right to have additional tests made by someone of the person's own choosing. 
25.1 	The court shall order either that the denial be rescinded or sustained and refer the order to 
25.2 	the commissioner of transportation for further action.

25.3 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
25.4 	on or after that date.

25.5 	Sec. 12. Minnesota Statutes 2016, section 624.7143, subdivision 1, is amended to read:
25.6 		Subdivision 1.Mandatory chemical testing. (a) A person who carries a pistol in a 
25.7 	public place on or about the person's clothes or person is required, subject to the provisions 
25.8 	of this section, to take or submit to a test of the person's blood, breath, or urine for the 
25.9 	purpose of determining the presence and amount of alcohol or a controlled substance. The 
25.10 	test shall be administered at the direction of an officer authorized to make arrests under 
25.11 	section 624.7142.
25.12 	(b) Taking or submitting to the a test of the person's breath is mandatory when requested 
25.13 	by an officer who has probable cause to believe the person was carrying a pistol in violation 
25.14 	of section 624.7142, and one of the following conditions exists:
25.15 	(1) the person has been lawfully placed under arrest for violating section 624.7142;
25.16 	(2) the person has been involved while carrying a firearm in a firearms-related accident 
25.17 	resulting in property damage, personal injury, or death;
25.18 	(3) the person has refused to take the preliminary screening test provided for in section 
25.19 	624.7142; or
25.20 	(4) the screening test was administered and indicated an alcohol concentration of 0.04 
25.21 	or more.
25.22 	(c) Taking or submitting to a test of the person's blood or urine is mandatory when 
25.23 	requested by a peace officer under the conditions described in paragraph (b) if the officer 
25.24 	is acting pursuant to a search warrant under sections 626.04 to 626.18.

25.25 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
25.26 	on or after that date.

25.27 	Sec. 13. Minnesota Statutes 2016, section 624.7143, is amended by adding a subdivision 
25.28 	to read:
25.29 		Subd. 1a.Blood or urine test; search warrant required. Notwithstanding any contrary 
25.30 	provision in this section, a blood or urine test may be conducted only pursuant to a search 
25.31 	warrant under sections 626.04 to 626.18, or a judicially recognized exception to the search 
26.1 	warrant requirement. When, under the provisions of this section, a search warrant is required 
26.2 	for a blood or urine test, that requirement is met if a judicially recognized exception to the 
26.3 	search warrant is applicable.

26.4 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
26.5 	on or after that date.

26.6 	Sec. 14. Minnesota Statutes 2016, section 624.7143, subdivision 2, is amended to read:
26.7 		Subd. 2.Penalties; refusal; revocation. (a) If a person refuses to take a test required 
26.8 	under subdivision 1, none must be given but the officer shall report the refusal to the sheriff 
26.9 	and to the authority having responsibility for prosecution of misdemeanor offenses for the 
26.10 	jurisdiction in which the incident occurred that gave rise to the test demand and refusal. On 
26.11 	certification by the officer that probable cause existed to believe the person had been carrying 
26.12 	a pistol on or about the person's clothes or person in a public place while under the influence 
26.13 	of alcohol or a controlled substance, that in the case of a blood or urine test the officer was 
26.14 	acting pursuant to a search warrant, and that the person refused to submit to testing, a court 
26.15 	may impose a civil penalty of $500 and may revoke the person's authority to carry a pistol 
26.16 	in a public place on or about the person's clothes or person under the provisions of a permit 
26.17 	or otherwise for a period of one year from the date of the refusal. The person shall be 
26.18 	accorded notice and an opportunity to be heard prior to imposition of the civil penalty or 
26.19 	the revocation.
26.20 	(b) Revocations under this subdivision must be reported in the same manner as in section 
26.21 	624.714, subdivision 12a.

26.22 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
26.23 	on or after that date.

26.24 	Sec. 15. Minnesota Statutes 2016, section 624.7143, subdivision 4, is amended to read:
26.25 		Subd. 4.Requirement of blood or urine Type of test. Notwithstanding subdivision 1,
26.26 	(a) A peace officer who directs a test pursuant to this section may direct a breath test.
26.27 	(b) A peace officer, acting pursuant to a search warrant, may direct a blood or urine test 
26.28 	as provided in the warrant. If the warrant authorizes either a blood or urine test, the officer 
26.29 	may direct whether the test is of blood or urine. If the person to whom the test is directed 
26.30 	objects to the test, the officer shall offer the person an alternative test of either blood or 
26.31 	urine.
27.1 	(c) If there is probable cause to believe there is impairment by a controlled substance 
27.2 	that is not subject to testing by a breath test, a blood or urine test may be required pursuant 
27.3 	to a search warrant even after a breath test has been administered.
27.4 	(d) Action under this section may be taken against a person who refuses to take a blood 
27.5 	test only if an alternative test was offered and action may be taken against a person who 
27.6 	refuses to take a urine test only if an alternative test was offered.

27.7 	EFFECTIVE DATE. This section is effective July 1, 2017, and applies to acts committed 
27.8 	on or after that date.

27.9 	Sec. 16. REVISOR'S INSTRUCTION.
 27.10 	The revisor of statutes shall add references to new Minnesota Statutes, section 171.177, 
27.11 	in statutes that reference driver's license revocations under Minnesota Statutes, section 
27.12 	169A.52, as appropriate.

27.13 	EFFECTIVE DATE. This section is effective July 1, 2017.