SF 4285
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/10/2026 09:47 a.m.
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A bill for an act
relating to public safety; authorizing peace officers to use oral fluid screening of
drivers to determine presence of drugs; amending Minnesota Statutes 2024, sections
169A.41, subdivision 1; 169A.51, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 169A.41, subdivision 1, is amended to read:
Subdivision 1.
When authorized.
When a peace officer has reason to believe from the
manner in which a person is driving, operating, controlling, or acting upon departure from
a motor vehicle, or has driven, operated, or controlled a motor vehicle, that the driver may
be violating or has violated section 169A.20 (driving while impaired), 169A.31
(alcohol-related school bus or Head Start bus driving), or 169A.33 (underage drinking and
driving), or an alcohol-related new text begin or controlled substance-related new text end violation of section 221.0314
or 221.605 committed by a driver of a commercial vehicle, the officer may require the driver
to provide a sample of the driver's breath new text begin or oral fluid new text end for a preliminary screening test using
a device approved by the commissioner for this purpose.
Sec. 2.
Minnesota Statutes 2024, 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; a
controlled substance or its metabolite; cannabis flower, a cannabis product, a lower-potency
hemp edible, a hemp-derived consumer product, artificially derived cannabinoids, or
tetrahydrocannabinols; or an intoxicating substance. 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 morenew text begin or the presence of a controlled or intoxicating substancenew text end .
(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 alcoholnew text begin or a controlled or intoxicating substancenew text end .