HF 67

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; lowering per se alcohol level for 
  1.3             impairment offenses from 0.10 to 0.08 for operating 
  1.4             snowmobile, off-highway motorcycle, all-terrain 
  1.5             vehicle, motorboat, or motor vehicle, for hunting, and 
  1.6             for handling explosives; amending Minnesota Statutes 
  1.7             1996, sections 84.91, subdivision 1; 84.911, 
  1.8             subdivision 1; 86B.331, subdivisions 1 and 4; 86B.335, 
  1.9             subdivision 1; 97B.065, subdivision 1; 97B.066, 
  1.10            subdivision 1; 169.121, subdivisions 1 and 2; 169.123, 
  1.11            subdivisions 2, 4, 5a, and 6; 192A.555; and 609.21, 
  1.12            subdivision 1. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1996, section 84.91, 
  1.15  subdivision 1, is amended to read: 
  1.16     Subdivision 1.  [ACTS PROHIBITED.] (a) No person shall 
  1.17  operate or be in physical control of any snowmobile or 
  1.18  all-terrain vehicle anywhere in this state or on the ice of any 
  1.19  boundary water of this state: 
  1.20     (1) when the person is under the influence of alcohol; 
  1.21     (2) when the person is under the influence of a controlled 
  1.22  substance, as defined in section 152.01, subdivision 4; 
  1.23     (3) when the person is under the influence of a combination 
  1.24  of any two or more of the elements named in clauses (1), (2), 
  1.25  and (6); 
  1.26     (4) when the person's alcohol concentration is 0.10 0.08 or 
  1.27  more; 
  1.28     (5) when the person's alcohol concentration as measured 
  1.29  within two hours of the time of operating is 0.10 0.08 or more; 
  2.1   or 
  2.2      (6) when the person is knowingly under the influence of any 
  2.3   chemical compound or combination of chemical compounds that is 
  2.4   listed as a hazardous substance in rules adopted under section 
  2.5   182.655 and that affects the nervous system, brain, or muscles 
  2.6   of the person so as to substantially impair the person's ability 
  2.7   to operate the snowmobile or all-terrain vehicle.  
  2.8      (b) No owner or other person having charge or control of 
  2.9   any snowmobile or all-terrain vehicle shall authorize or permit 
  2.10  any individual the person knows or has reason to believe is 
  2.11  under the influence of alcohol or a controlled substance or 
  2.12  other substance, as provided under paragraph (a), to operate the 
  2.13  snowmobile or all-terrain vehicle anywhere in this state or on 
  2.14  the ice of any boundary water of this state. 
  2.15     (c) No owner or other person having charge or control of 
  2.16  any snowmobile or all-terrain vehicle shall knowingly authorize 
  2.17  or permit any person, who by reason of any physical or mental 
  2.18  disability is incapable of operating the vehicle, to operate the 
  2.19  snowmobile or all-terrain vehicle anywhere in this state or on 
  2.20  the ice of any boundary water of this state. 
  2.21     Sec. 2.  Minnesota Statutes 1996, section 84.911, 
  2.22  subdivision 1, is amended to read: 
  2.23     Subdivision 1.  [MANDATORY CHEMICAL TESTING.] A person who 
  2.24  operates or is in physical control of a snowmobile or 
  2.25  all-terrain vehicle anywhere in this state or on the ice of any 
  2.26  boundary water of this state is required, subject to the 
  2.27  provisions of this section, to take or submit to a test of the 
  2.28  person's blood, breath, or urine for the purpose of determining 
  2.29  the presence and amount of alcohol or a controlled substance.  
  2.30  The test shall be administered at the direction of an officer 
  2.31  authorized to make arrests under section 84.91, subdivision 2.  
  2.32  Taking or submitting to the test is mandatory when requested by 
  2.33  an officer who has probable cause to believe the person was 
  2.34  operating or in physical control of a snowmobile or all-terrain 
  2.35  vehicle in violation of section 84.91, subdivision 1, paragraph 
  2.36  (a), and one of the following conditions exists: 
  3.1      (1) the person has been lawfully placed under arrest for 
  3.2   violating section 84.91, subdivision 1, paragraph (a); 
  3.3      (2) the person has been involved while operating a 
  3.4   snowmobile or all-terrain vehicle in an accident resulting in 
  3.5   property damage, personal injury, or death; 
  3.6      (3) the person has refused to take the preliminary 
  3.7   screening test provided for in section 84.91, subdivision 3; or 
  3.8      (4) the screening test was administered and indicated an 
  3.9   alcohol concentration of 0.10 0.08 or more. 
  3.10     Sec. 3.  Minnesota Statutes 1996, section 86B.331, 
  3.11  subdivision 1, is amended to read: 
  3.12     Subdivision 1.  [ACTS PROHIBITED.] (a) A person may not 
  3.13  operate or be in physical control of a motorboat in operation on 
  3.14  the waters of this state: 
  3.15     (1) when the person is under the influence of alcohol; 
  3.16     (2) when the person is under the influence of a controlled 
  3.17  substance, as defined in section 152.01, subdivision 4; 
  3.18     (3) when the person is under the influence of a combination 
  3.19  of any two or more of the elements named in clauses (1), (2), 
  3.20  and (6); 
  3.21     (4) when the person's alcohol concentration is 0.10 0.08 or 
  3.22  more; 
  3.23     (5) when the person's alcohol concentration as measured 
  3.24  within two hours of the time of operating is 0.10 0.08 or more; 
  3.25  or 
  3.26     (6) when the person is knowingly under the influence of any 
  3.27  chemical compound or combination of chemical compounds that is 
  3.28  listed as a hazardous substance in rules adopted under section 
  3.29  182.655 and that affects the nervous system, brain, or muscles 
  3.30  of the person so as to substantially impair the person's ability 
  3.31  to operate the motorboat.  
  3.32     (b) An owner or other person having charge or control of a 
  3.33  motorboat may not authorize or allow an individual the person 
  3.34  knows or has reason to believe is under the influence of alcohol 
  3.35  or a controlled or other substance, as provided under paragraph 
  3.36  (a), to operate the motorboat in operation on the waters of this 
  4.1   state. 
  4.2      (c) An owner or other person having charge or control of a 
  4.3   motorboat may not knowingly authorize or allow a person, who by 
  4.4   reason of a physical or mental disability is incapable of 
  4.5   operating the motorboat, to operate the motorboat in operation 
  4.6   on the waters of this state.  
  4.7      (d) For purposes of this subdivision, a motorboat "in 
  4.8   operation" does not include a motorboat that is anchored, 
  4.9   beached, or securely fastened to a dock or other permanent 
  4.10  mooring. 
  4.11     Sec. 4.  Minnesota Statutes 1996, section 86B.331, 
  4.12  subdivision 4, is amended to read: 
  4.13     Subd. 4.  [EVIDENCE.] (a) Upon the trial of a prosecution 
  4.14  arising out of acts alleged to have been committed by a person 
  4.15  arrested for operating or being in physical control of a 
  4.16  motorboat in violation of subdivision 1, paragraph (a), or an 
  4.17  ordinance in conformity with it, the court may admit evidence of 
  4.18  the amount of alcohol or a controlled substance in the person's 
  4.19  blood, breath, or urine as shown by an analysis of those items. 
  4.20     (b) For the purposes of this subdivision: 
  4.21     (1) evidence that there was at the time an alcohol 
  4.22  concentration of 0.05 or less is prima facie evidence that the 
  4.23  person was not under the influence of alcohol; and 
  4.24     (2) evidence that there was at the time an alcohol 
  4.25  concentration of more than 0.05 and less than 0.10 0.08 is 
  4.26  relevant evidence in indicating whether or not the person was 
  4.27  under the influence of alcohol. 
  4.28     (c) Evidence of the refusal to take a preliminary screening 
  4.29  test required under subdivision 3 or a chemical test required 
  4.30  under section 86B.335 is admissible into evidence in a 
  4.31  prosecution under this section or an ordinance in conformity 
  4.32  with it. 
  4.33     (d) This subdivision does not limit the introduction of 
  4.34  other competent evidence bearing upon the question of whether or 
  4.35  not the person violated this section, including tests obtained 
  4.36  more than two hours after the alleged violation and results 
  5.1   obtained from partial tests on an infrared breath-testing 
  5.2   instrument.  A result from a partial test is the measurement 
  5.3   obtained by analyzing one adequate breath sample.  A sample is 
  5.4   adequate if the instrument analyzes the sample and does not 
  5.5   indicate the sample is deficient.  
  5.6      (e) If proven by a preponderance of the evidence, it shall 
  5.7   be an affirmative defense to a violation of subdivision 1, 
  5.8   paragraph (a), clause (5), that the defendant consumed a 
  5.9   sufficient quantity of alcohol after the time of operating or 
  5.10  physical control of a motorboat and before the administration of 
  5.11  the evidentiary test to cause the defendant's alcohol 
  5.12  concentration to exceed 0.10 0.08.  Provided, that this evidence 
  5.13  may not be admitted unless notice is given to the prosecution 
  5.14  prior to the omnibus or pretrial hearing in the matter. 
  5.15     Sec. 5.  Minnesota Statutes 1996, section 86B.335, 
  5.16  subdivision 1, is amended to read: 
  5.17     Subdivision 1.  [CHEMICAL TESTING.] A person who operates 
  5.18  or is in physical control of a motorboat in operation on the 
  5.19  waters of this state is required, subject to the provisions of 
  5.20  this section, to take or submit to a test of the person's blood, 
  5.21  breath, or urine for the purpose of determining the presence and 
  5.22  amount of alcohol or a controlled substance.  A motorboat "in 
  5.23  operation" does not include a motorboat that is anchored, 
  5.24  beached, or securely fastened to a dock or other permanent 
  5.25  mooring.  The test shall be administered at the direction of an 
  5.26  officer authorized to make arrests under section 86B.331, 
  5.27  subdivision 2.  Taking or submitting to the test is mandatory 
  5.28  when requested by an officer who has probable cause to believe 
  5.29  the person was operating or in physical control of a motorboat 
  5.30  in violation of section 86B.331, subdivision 1, paragraph (a), 
  5.31  and one of the following conditions exist: 
  5.32     (1) the person has been lawfully placed under arrest for 
  5.33  violating section 86B.331, subdivision 1, paragraph (a); 
  5.34     (2) the person has been involved in a motorboat accident 
  5.35  resulting in property damage, personal injury, or death; 
  5.36     (3) the person has refused to take the preliminary 
  6.1   screening test provided for in section 86B.331, subdivision 3; 
  6.2   or 
  6.3      (4) the screening test was administered and indicated an 
  6.4   alcohol concentration of 0.10 0.08 or more. 
  6.5      Sec. 6.  Minnesota Statutes 1996, section 97B.065, 
  6.6   subdivision 1, is amended to read: 
  6.7      Subdivision 1.  [ACTS PROHIBITED.] (a) A person may not 
  6.8   take wild animals with a firearm or by archery:  
  6.9      (1) when the person is under the influence of alcohol; 
  6.10     (2) when the person is under the influence of a controlled 
  6.11  substance, as defined in section 152.01, subdivision 4; 
  6.12     (3) when the person is under the influence of a combination 
  6.13  of any two or more of the elements in clauses (1) and (2); 
  6.14     (4) when the person's alcohol concentration is 0.10 0.08 or 
  6.15  more; 
  6.16     (5) when the person's alcohol concentration as measured 
  6.17  within two hours of the time of taking is 0.10 0.08 or more; or 
  6.18     (6) when the person is knowingly under the influence of any 
  6.19  chemical compound or combination of chemical compounds that is 
  6.20  listed as a hazardous substance in rules adopted under section 
  6.21  182.655 and that affects the nervous system, brain, or muscles 
  6.22  of the person so as to substantially impair the person's ability 
  6.23  to operate a firearm or bow and arrow. 
  6.24     (b) An owner or other person having charge or control of a 
  6.25  firearm or bow and arrow may not authorize or permit an 
  6.26  individual the person knows or has reason to believe is under 
  6.27  the influence of alcohol or a controlled substance, as provided 
  6.28  under paragraph (a), to possess the firearm or bow and arrow in 
  6.29  this state or on a boundary water of this state. 
  6.30     Sec. 7.  Minnesota Statutes 1996, section 97B.066, 
  6.31  subdivision 1, is amended to read: 
  6.32     Subdivision 1.  [MANDATORY CHEMICAL TESTING.] A person who 
  6.33  takes wild animals with a bow or firearm in this state or on a 
  6.34  boundary water of this state is required, subject to the 
  6.35  provisions of this section, to take or submit to a test of the 
  6.36  person's blood, breath, or urine for the purpose of determining 
  7.1   the presence and amount of alcohol or a controlled substance.  
  7.2   The test shall be administered at the direction of an officer 
  7.3   authorized to make arrests under section 97B.065, subdivision 
  7.4   2.  Taking or submitting to the test is mandatory when requested 
  7.5   by an officer who has probable cause to believe the person was 
  7.6   hunting in violation of section 97B.065, subdivision 1, 
  7.7   paragraph (a), and one of the following conditions exists: 
  7.8      (1) the person has been lawfully placed under arrest for 
  7.9   violating section 97B.065, subdivision 1, paragraph (a); 
  7.10     (2) the person has been involved while hunting in an 
  7.11  accident resulting in property damage, personal injury, or 
  7.12  death; 
  7.13     (3) the person has refused to take the preliminary 
  7.14  screening test provided for in section 97B.065, subdivision 3; 
  7.15  or 
  7.16     (4) the screening test was administered and indicated an 
  7.17  alcohol concentration of 0.10 0.08 or more.  
  7.18     Sec. 8.  Minnesota Statutes 1996, section 169.121, 
  7.19  subdivision 1, is amended to read: 
  7.20     Subdivision 1.  [CRIME; ACTS PROHIBITED.] It is a crime for 
  7.21  any person to drive, operate, or be in physical control of any 
  7.22  motor vehicle within this state or upon the ice of any boundary 
  7.23  water of this state under any of the following circumstances: 
  7.24     (a) when the person is under the influence of alcohol; 
  7.25     (b) when the person is under the influence of a controlled 
  7.26  substance; 
  7.27     (c) when the person is under the influence of a combination 
  7.28  of any two or more of the elements named in clauses (a), (b), 
  7.29  and (f); 
  7.30     (d) when the person's alcohol concentration is 0.10 0.08 or 
  7.31  more; 
  7.32     (e) when the person's alcohol concentration as measured 
  7.33  within two hours of the time of driving, operating, or being in 
  7.34  physical control of the motor vehicle is 0.10 0.08 or more; 
  7.35     (f) when the person is knowingly under the influence of a 
  7.36  hazardous substance that affects the nervous system, brain, or 
  8.1   muscles of the person so as to substantially impair the person's 
  8.2   ability to drive or operate the motor vehicle; or 
  8.3      (g) when the person's body contains any amount of a 
  8.4   controlled substance listed in schedule I or II other than 
  8.5   marijuana or tetrahydrocannabinols. 
  8.6      Sec. 9.  Minnesota Statutes 1996, section 169.121, 
  8.7   subdivision 2, is amended to read: 
  8.8      Subd. 2.  [EVIDENCE.] (a) Upon the trial of any prosecution 
  8.9   arising out of acts alleged to have been committed by any person 
  8.10  arrested for driving, operating, or being in physical control of 
  8.11  a motor vehicle in violation of subdivision 1, the court may 
  8.12  admit evidence of the presence or amount of alcohol, controlled 
  8.13  substances, or hazardous substances in the person's blood, 
  8.14  breath, or urine as shown by an analysis of those items. 
  8.15     (b) For the purposes of this subdivision, evidence that 
  8.16  there was at the time an alcohol concentration of 0.04 or more 
  8.17  is relevant evidence in indicating whether or not the person was 
  8.18  under the influence of alcohol. 
  8.19     (c) Evidence of the refusal to take a test is admissible 
  8.20  into evidence in a prosecution under this section or an 
  8.21  ordinance in conformity with it.  
  8.22     (d) If proven by a preponderance of the evidence, it shall 
  8.23  be an affirmative defense to a violation of subdivision 1, 
  8.24  clause (e), that the defendant consumed a sufficient quantity of 
  8.25  alcohol after the time of actual driving, operating, or physical 
  8.26  control of a motor vehicle and before the administration of the 
  8.27  evidentiary test to cause the defendant's alcohol concentration 
  8.28  to exceed 0.10 0.08.  Evidence that the defendant consumed 
  8.29  alcohol after the time of actual driving, operating, or being in 
  8.30  physical control of a motor vehicle may not be admitted in 
  8.31  defense to any alleged violation of this section unless notice 
  8.32  is given to the prosecution prior to the omnibus or pretrial 
  8.33  hearing in the matter. 
  8.34     (e) If proven by a preponderance of the evidence, it shall 
  8.35  be an affirmative defense to a violation of subdivision 1, 
  8.36  clause (g), that the defendant used the controlled substance 
  9.1   according to the terms of a prescription issued for the 
  9.2   defendant in accordance with sections 152.11 and 152.12.  
  9.3      (f) The preceding provisions do not limit the introduction 
  9.4   of any other competent evidence bearing upon the question of 
  9.5   whether the person violated this section, including tests 
  9.6   obtained more than two hours after the alleged violation and 
  9.7   results obtained from partial tests on an infrared 
  9.8   breath-testing instrument.  A result from a partial test is the 
  9.9   measurement obtained by analyzing one adequate breath sample, as 
  9.10  defined in section 169.123, subdivision 2b, paragraph (b). 
  9.11     Sec. 10.  Minnesota Statutes 1996, section 169.123, 
  9.12  subdivision 2, is amended to read: 
  9.13     Subd. 2.  [IMPLIED CONSENT; CONDITIONS; ELECTION OF TEST.] 
  9.14  (a) Any person who drives, operates, or is in physical control 
  9.15  of a motor vehicle within this state or upon the ice of any 
  9.16  boundary water of this state consents, subject to the provisions 
  9.17  of this section and sections 169.121 and 169.1211, to a chemical 
  9.18  test of that person's blood, breath, or urine for the purpose of 
  9.19  determining the presence of alcohol, controlled substances, or 
  9.20  hazardous substances.  The test shall be administered at the 
  9.21  direction of a peace officer.  The test may be required of a 
  9.22  person when an officer has probable cause to believe the person 
  9.23  was driving, operating, or in physical control of a motor 
  9.24  vehicle in violation of section 169.121 and one of the following 
  9.25  conditions exist: 
  9.26     (1) the person has been lawfully placed under arrest for 
  9.27  violation of section 169.121, or an ordinance in conformity with 
  9.28  it; 
  9.29     (2) the person has been involved in a motor vehicle 
  9.30  accident or collision resulting in property damage, personal 
  9.31  injury, or death; 
  9.32     (3) the person has refused to take the screening test 
  9.33  provided for by section 169.121, subdivision 6; or 
  9.34     (4) the screening test was administered and indicated an 
  9.35  alcohol concentration of 0.10 0.08 or more.  
  9.36     The test may also be required of a person when an officer 
 10.1   has probable cause to believe the person was driving, operating, 
 10.2   or in physical control of a commercial motor vehicle with the 
 10.3   presence of any alcohol. 
 10.4      (b) At the time a test is requested, the person shall be 
 10.5   informed: 
 10.6      (1) that Minnesota law requires the person to take a test: 
 10.7   (i) to determine if the person is under the influence of 
 10.8   alcohol, controlled substances, or hazardous substances; (ii) to 
 10.9   determine the presence of a controlled substance listed in 
 10.10  schedule I or II, other than marijuana or tetrahydrocannabinols; 
 10.11  and (iii) if the motor vehicle was a commercial motor vehicle, 
 10.12  to determine the presence of alcohol; 
 10.13     (2) that refusal to take a test is a crime; 
 10.14     (3) if the peace officer has probable cause to believe the 
 10.15  person has violated the criminal vehicular homicide and injury 
 10.16  laws, that a test will be taken with or without the person's 
 10.17  consent; and 
 10.18     (4) that the person has the right to consult with an 
 10.19  attorney, but that this right is limited to the extent that it 
 10.20  cannot unreasonably delay administration of the test. 
 10.21     (c) The peace officer who requires a test pursuant to this 
 10.22  subdivision may direct whether the test shall be of blood, 
 10.23  breath, or urine.  Action may be taken against a person who 
 10.24  refuses to take a blood test only if an alternative test was 
 10.25  offered and action may be taken against a person who refuses to 
 10.26  take a urine test only if an alternative test was offered. 
 10.27     Sec. 11.  Minnesota Statutes 1996, section 169.123, 
 10.28  subdivision 4, is amended to read: 
 10.29     Subd. 4.  [REFUSAL; REVOCATION OF LICENSE.] (a) If a person 
 10.30  refuses to permit a test, none shall be given, but the peace 
 10.31  officer shall report the refusal to the commissioner of public 
 10.32  safety and the authority having responsibility for prosecution 
 10.33  of misdemeanor offenses for the jurisdiction in which the acts 
 10.34  occurred.  However, if a peace officer has probable cause to 
 10.35  believe that the person has violated section 609.21, a test may 
 10.36  be required and obtained despite the person's refusal.  A 
 11.1   refusal to submit to an alcohol concentration test does not 
 11.2   constitute a violation of section 609.50, unless the refusal was 
 11.3   accompanied by force or violence or the threat of force or 
 11.4   violence.  
 11.5      (b) If a person submits to a test and the test results 
 11.6   indicate an alcohol concentration of 0.10 0.08 or more or the 
 11.7   presence of a controlled substance listed in schedule I or II, 
 11.8   other than marijuana or tetrahydrocannabinols, or if a person 
 11.9   was driving, operating, or in physical control of a commercial 
 11.10  motor vehicle and the test results indicate an alcohol 
 11.11  concentration of 0.04 or more, the results of the test shall be 
 11.12  reported to the commissioner of public safety and to the 
 11.13  authority having responsibility for prosecution of misdemeanor 
 11.14  offenses for the jurisdiction in which the acts occurred. 
 11.15     (c) Upon certification by the peace officer that there 
 11.16  existed probable cause to believe the person had been driving, 
 11.17  operating, or in physical control of a motor vehicle in 
 11.18  violation of section 169.121 and that the person refused to 
 11.19  submit to a test, the commissioner of public safety shall revoke 
 11.20  the person's license or permit to drive, or nonresident 
 11.21  operating privilege, for a period of one year even if a test was 
 11.22  obtained pursuant to this section after the person refused to 
 11.23  submit to testing.  
 11.24     (d) Upon certification by the peace officer that there 
 11.25  existed probable cause to believe the person had been driving, 
 11.26  operating, or in physical control of a commercial motor vehicle 
 11.27  with the presence of any alcohol in violation of section 169.121 
 11.28  or 169.1211, and that the person refused to submit to a test, 
 11.29  the commissioner shall disqualify the person from operating a 
 11.30  commercial motor vehicle for a period of one year under section 
 11.31  171.165 and shall revoke the person's license or permit to drive 
 11.32  or nonresident operating privilege for a period of one year.  
 11.33     (e) Upon certification by the peace officer that there 
 11.34  existed probable cause to believe the person had been driving, 
 11.35  operating or in physical control of a motor vehicle in violation 
 11.36  of section 169.121 and that the person submitted to a test and 
 12.1   the test results indicate an alcohol concentration of 0.10 0.08 
 12.2   or more or the presence of a controlled substance listed in 
 12.3   schedule I or II, other than marijuana or tetrahydrocannabinols, 
 12.4   the commissioner of public safety shall revoke the person's 
 12.5   license or permit to drive, or nonresident operating privilege: 
 12.6      (1) for a period of 90 days; or 
 12.7      (2) if the person is under the age of 21 years, for a 
 12.8   period of six months; or 
 12.9      (3) for a person with a prior impaired driving conviction 
 12.10  or prior license revocation within the past five years, for a 
 12.11  period of 180 days.  
 12.12     (f) On certification by the peace officer that there 
 12.13  existed probable cause to believe the person had been driving, 
 12.14  operating, or in physical control of a commercial motor vehicle 
 12.15  with any presence of alcohol and that the person submitted to a 
 12.16  test and the test results indicated an alcohol concentration of 
 12.17  0.04 or more, the commissioner of public safety shall disqualify 
 12.18  the person from operating a commercial motor vehicle under 
 12.19  section 171.165.  
 12.20     (g) If the person is a resident without a license or permit 
 12.21  to operate a motor vehicle in this state, the commissioner of 
 12.22  public safety shall deny to the person the issuance of a license 
 12.23  or permit for the same period after the date of the alleged 
 12.24  violation as provided herein for revocation, subject to review 
 12.25  as hereinafter provided. 
 12.26     (h) As used in this subdivision, the terms "prior impaired 
 12.27  driving conviction" and "prior license revocation" have the 
 12.28  meanings given in section 169.121, subdivision 3, paragraph (a). 
 12.29     Sec. 12.  Minnesota Statutes 1996, section 169.123, 
 12.30  subdivision 5a, is amended to read: 
 12.31     Subd. 5a.  [TEST REFUSAL; DRIVING PRIVILEGE LOST.] (a) On 
 12.32  behalf of the commissioner of public safety, a peace officer 
 12.33  requiring a test or directing the administration of a chemical 
 12.34  test shall serve immediate notice of intention to revoke and of 
 12.35  revocation on a person who refuses to permit a test or on a 
 12.36  person who submits to a test the results of which indicate an 
 13.1   alcohol concentration of 0.10 0.08 or more.  
 13.2      (b) On behalf of the commissioner of public safety, a peace 
 13.3   officer requiring a test or directing the administration of a 
 13.4   chemical test of a person driving, operating, or in physical 
 13.5   control of a commercial motor vehicle shall serve immediate 
 13.6   notice of intention to disqualify and of disqualification on a 
 13.7   person who refuses to permit a test, or on a person who submits 
 13.8   to a test the results of which indicate an alcohol concentration 
 13.9   of 0.04 or more.  
 13.10     (c) The officer shall either: 
 13.11     (1) take the driver's license or permit, if any, send it to 
 13.12  the commissioner of public safety along with the certificate 
 13.13  required by subdivision 4, and issue a temporary license 
 13.14  effective only for seven days; or 
 13.15     (2) invalidate the driver's license or permit in such a way 
 13.16  that no identifying information is destroyed. 
 13.17     Sec. 13.  Minnesota Statutes 1996, section 169.123, 
 13.18  subdivision 6, is amended to read: 
 13.19     Subd. 6.  [HEARING.] (a) A hearing under this section shall 
 13.20  be before a district judge in any county in the judicial 
 13.21  district where the alleged offense occurred.  The hearing shall 
 13.22  be to the court and may be conducted at the same time and in the 
 13.23  same manner as hearings upon pretrial motions in the criminal 
 13.24  prosecution under section 169.121, if any.  The hearing shall be 
 13.25  recorded.  The commissioner of public safety shall appear and be 
 13.26  represented by the attorney general or through the prosecuting 
 13.27  authority for the jurisdiction involved.  The hearing shall be 
 13.28  held at the earliest practicable date, and in any event no later 
 13.29  than 60 days following the filing of the petition for review.  
 13.30  The judicial district administrator shall establish procedures 
 13.31  to ensure efficient compliance with this subdivision.  To 
 13.32  accomplish this, the administrator may, whenever possible, 
 13.33  consolidate and transfer review hearings among the county courts 
 13.34  within the judicial district.  
 13.35     (b) The scope of the hearing shall be limited to the issues 
 13.36  in clauses (1) to (9): 
 14.1      (1) Did the peace officer have probable cause to believe 
 14.2   the person was driving, operating, or in physical control of: 
 14.3      (i) a motor vehicle in violation of section 169.121; or 
 14.4      (ii) a commercial motor vehicle in violation of section 
 14.5   169.1211? 
 14.6      (2) Was the person lawfully placed under arrest for 
 14.7   violation of section 169.121 or 169.1211? 
 14.8      (3) Was the person involved in a motor vehicle accident or 
 14.9   collision resulting in property damage, personal injury or death?
 14.10     (4) Did the person refuse to take a screening test provided 
 14.11  for by section 169.121, subdivision 6? 
 14.12     (5) If the screening test was administered, did the test 
 14.13  indicate an alcohol concentration of 0.10 0.08 or more?  
 14.14     (6) At the time of the request for the test, did the peace 
 14.15  officer inform the person of the person's rights and the 
 14.16  consequences of taking or refusing the test as required by 
 14.17  subdivision 2? 
 14.18     (7) Did the person refuse to permit the test? 
 14.19     (8) If a test was taken: 
 14.20     (i) by a person driving, operating, or in physical control 
 14.21  of a motor vehicle, did the test results indicate an alcohol 
 14.22  concentration of 0.10 0.08 or more at the time of testing or the 
 14.23  presence of a controlled substance listed in schedule I or II, 
 14.24  other than marijuana or tetrahydrocannabinols; or 
 14.25     (ii) by a person driving, operating, or in physical control 
 14.26  of a commercial motor vehicle, did the test results indicate an 
 14.27  alcohol concentration of 0.04 or more at the time of testing? 
 14.28     (9) Was the testing method used valid and reliable and were 
 14.29  the test results accurately evaluated? 
 14.30     (c) It shall be an affirmative defense for the petitioner 
 14.31  to prove that, at the time of the refusal, the petitioner's 
 14.32  refusal to permit the test was based upon reasonable grounds. 
 14.33     (d) Certified or otherwise authenticated copies of 
 14.34  laboratory or medical personnel reports, records, documents, 
 14.35  licenses and certificates shall be admissible as substantive 
 14.36  evidence.  
 15.1      (e) The court shall order that the revocation or 
 15.2   disqualification be either rescinded or sustained and forward 
 15.3   the order to the commissioner of public safety.  The court shall 
 15.4   file its order within 14 days following the hearing.  If the 
 15.5   revocation or disqualification is sustained, the court shall 
 15.6   also forward the person's driver's license or permit to the 
 15.7   commissioner of public safety for further action by the 
 15.8   commissioner of public safety if the license or permit is not 
 15.9   already in the commissioner's possession. 
 15.10     Sec. 14.  Minnesota Statutes 1996, section 192A.555, is 
 15.11  amended to read: 
 15.12     192A.555 [DRUNKEN OR RECKLESS DRIVING.] 
 15.13     Any person subject to this code who drives, operates or is 
 15.14  in actual physical control of any vehicle or aircraft while 
 15.15  under the influence of an alcoholic beverage or narcotic drug or 
 15.16  a combination thereof or whose blood contains 0.10 0.08 percent 
 15.17  or more by weight of alcohol or who operates said vehicle or 
 15.18  aircraft in a reckless or wanton manner, shall be punished as a 
 15.19  court-martial may direct.  Chemical and other tests for 
 15.20  intoxication shall be made only in accordance with rules issued 
 15.21  under this code. 
 15.22     Sec. 15.  Minnesota Statutes 1996, section 609.21, 
 15.23  subdivision 1, is amended to read: 
 15.24     Subdivision 1.  [CRIMINAL VEHICULAR HOMICIDE.] A person is 
 15.25  guilty of criminal vehicular homicide resulting in death and may 
 15.26  be sentenced to imprisonment for not more than ten years or to 
 15.27  payment of a fine of not more than $20,000, or both, if the 
 15.28  person causes the death of a human being not constituting murder 
 15.29  or manslaughter as a result of operating a motor vehicle: 
 15.30     (1) in a grossly negligent manner; 
 15.31     (2) in a negligent manner while under the influence of: 
 15.32     (i) alcohol; 
 15.33     (ii) a controlled substance; or 
 15.34     (iii) any combination of those elements; 
 15.35     (3) while having an alcohol concentration of 0.10 0.08 or 
 15.36  more; 
 16.1      (4) while having an alcohol concentration of 0.10 0.08 or 
 16.2   more, as measured within two hours of the time of driving; 
 16.3      (5) in a negligent manner while knowingly under the 
 16.4   influence of a hazardous substance; 
 16.5      (6) in a negligent manner while any amount of a controlled 
 16.6   substance listed in schedule I or II, other than marijuana or 
 16.7   tetrahydrocannabinols, is present in the person's body; or 
 16.8      (7) where the driver who causes the accident leaves the 
 16.9   scene of the accident in violation of section 169.09, 
 16.10  subdivision 1 or 6. 
 16.11     Sec. 16.  [EFFECTIVE DATE.] 
 16.12     Sections 1 to 15 are effective August 1, 1997, and apply to 
 16.13  offenses committed on and after that date.