HF 938

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crimes; creating a lower per se level of 
  1.3             alcohol concentration for persons under 21 years of 
  1.4             age for driving, snowmobiling, and motorboating while 
  1.5             intoxicated; lowering alcohol concentration threshhold 
  1.6             to 0.04 as relevant evidence of influence of alcohol 
  1.7             on motorboat operator; making technical changes; 
  1.8             amending Minnesota Statutes 1994, sections 84.81, by 
  1.9             adding subdivisions; 84.91, subdivision 1; 84.911, 
  1.10            subdivision 1; 86B.005, by adding subdivisions; 
  1.11            86B.331, subdivisions 1 and 4; 86B.335, subdivision 1; 
  1.12            169.01, subdivision 61; 169.121, subdivisions 1, 2, 
  1.13            and 10a; 169.1211, subdivisions 1 and 3; 169.123, 
  1.14            subdivisions 2, 4, 5a, and 6; 360.0752, subdivisions 
  1.15            1, 2, and 5; and 360.0753, subdivision 2. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 1994, section 84.81, is 
  1.18  amended by adding a subdivision to read: 
  1.19     Subd. 12.  "Alcohol concentration" has the meaning given in 
  1.20  section 169.01, subdivision 61, paragraph (a). 
  1.21     Sec. 2.  Minnesota Statutes 1994, section 84.81, is amended 
  1.22  by adding a subdivision to read: 
  1.23     Subd. 13.  "Per se level" has the meaning given in section 
  1.24  169.01, subdivision 61, paragraph (b). 
  1.25     Sec. 3.  Minnesota Statutes 1994, section 84.91, 
  1.26  subdivision 1, is amended to read: 
  1.27     Subdivision 1.  [ACTS PROHIBITED.] (a) No person shall 
  1.28  operate or be in physical control of any snowmobile or 
  1.29  all-terrain vehicle anywhere in this state or on the ice of any 
  1.30  boundary water of this state: 
  2.1      (1) when the person is under the influence of alcohol; 
  2.2      (2) when the person is under the influence of a controlled 
  2.3   substance, as defined in section 152.01, subdivision 4; 
  2.4      (3) when the person is under the influence of a combination 
  2.5   of any two or more of the elements named in clauses (1), (2), 
  2.6   and (6); 
  2.7      (4) when the person's alcohol concentration is 0.10 or more 
  2.8   at or exceeding the per se level; 
  2.9      (5) when the person's alcohol concentration as measured 
  2.10  within two hours of the time of operating is 0.10 or more at or 
  2.11  exceeding the per se level; or 
  2.12     (6) when the person is knowingly under the influence of any 
  2.13  chemical compound or combination of chemical compounds that is 
  2.14  listed as a hazardous substance in rules adopted under section 
  2.15  182.655 and that affects the nervous system, brain, or muscles 
  2.16  of the person so as to substantially impair the person's ability 
  2.17  to operate the snowmobile or all-terrain vehicle.  
  2.18     (b) No owner or other person having charge or control of 
  2.19  any snowmobile or all-terrain vehicle shall authorize or permit 
  2.20  any individual the person knows or has reason to believe is 
  2.21  under the influence of alcohol or a controlled substance or 
  2.22  other substance, as provided under paragraph (a), to operate the 
  2.23  snowmobile or all-terrain vehicle anywhere in this state or on 
  2.24  the ice of any boundary water of this state. 
  2.25     (c) No owner or other person having charge or control of 
  2.26  any snowmobile or all-terrain vehicle shall knowingly authorize 
  2.27  or permit any person, who by reason of any physical or mental 
  2.28  disability is incapable of operating the vehicle, to operate the 
  2.29  snowmobile or all-terrain vehicle anywhere in this state or on 
  2.30  the ice of any boundary water of this state. 
  2.31     Sec. 4.  Minnesota Statutes 1994, section 84.911, 
  2.32  subdivision 1, is amended to read: 
  2.33     Subdivision 1.  [MANDATORY CHEMICAL TESTING.] A person who 
  2.34  operates or is in physical control of a snowmobile or 
  2.35  all-terrain vehicle anywhere in this state or on the ice of any 
  2.36  boundary water of this state is required, subject to the 
  3.1   provisions of this section, to take or submit to a test of the 
  3.2   person's blood, breath, or urine for the purpose of determining 
  3.3   the presence and amount of alcohol or a controlled substance.  
  3.4   The test shall be administered at the direction of an officer 
  3.5   authorized to make arrests under section 84.91, subdivision 2.  
  3.6   Taking or submitting to the test is mandatory when requested by 
  3.7   an officer who has probable cause to believe the person was 
  3.8   operating or in physical control of a snowmobile or all-terrain 
  3.9   vehicle in violation of section 84.91, subdivision 1, paragraph 
  3.10  (a), and one of the following conditions exists: 
  3.11     (1) the person has been lawfully placed under arrest for 
  3.12  violating section 84.91, subdivision 1, paragraph (a); 
  3.13     (2) the person has been involved while operating a 
  3.14  snowmobile or all-terrain vehicle in an accident resulting in 
  3.15  property damage, personal injury, or death; 
  3.16     (3) the person has refused to take the preliminary 
  3.17  screening test provided for in section 84.91, subdivision 3; or 
  3.18     (4) the screening test was administered and indicated an 
  3.19  alcohol concentration of 0.10 or more at or exceeding the per se 
  3.20  level. 
  3.21     Sec. 5.  Minnesota Statutes 1994, section 86B.005, is 
  3.22  amended by adding a subdivision to read: 
  3.23     Subd. 20.  "Alcohol concentration" has the meaning given in 
  3.24  section 169.01, subdivision 61, paragraph (a). 
  3.25     Sec. 6.  Minnesota Statutes 1994, section 86B.005, is 
  3.26  amended by adding a subdivision to read: 
  3.27     Subd. 21.  "Per se level" has the meaning given in section 
  3.28  169.01, subdivision 61, paragraph (b). 
  3.29     Sec. 7.  Minnesota Statutes 1994, section 86B.331, 
  3.30  subdivision 1, is amended to read: 
  3.31     Subdivision 1.  [ACTS PROHIBITED.] (a) A person may not 
  3.32  operate or be in physical control of a motorboat in operation on 
  3.33  the waters of this state: 
  3.34     (1) when the person is under the influence of alcohol; 
  3.35     (2) when the person is under the influence of a controlled 
  3.36  substance, as defined in section 152.01, subdivision 4; 
  4.1      (3) when the person is under the influence of a combination 
  4.2   of any two or more of the elements named in clauses (1), (2), 
  4.3   and (6); 
  4.4      (4) when the person's alcohol concentration is 0.10 or more 
  4.5   at or exceeding the per se level; 
  4.6      (5) when the person's alcohol concentration as measured 
  4.7   within two hours of the time of operating is 0.10 or more at or 
  4.8   exceeding the per se level; or 
  4.9      (6) when the person is knowingly under the influence of any 
  4.10  chemical compound or combination of chemical compounds that is 
  4.11  listed as a hazardous substance in rules adopted under section 
  4.12  182.655 and that affects the nervous system, brain, or muscles 
  4.13  of the person so as to substantially impair the person's ability 
  4.14  to operate the motorboat.  
  4.15     (b) An owner or other person having charge or control of a 
  4.16  motorboat may not authorize or allow an individual the person 
  4.17  knows or has reason to believe is under the influence of alcohol 
  4.18  or a controlled or other substance, as provided under paragraph 
  4.19  (a), to operate the motorboat in operation on the waters of this 
  4.20  state. 
  4.21     (c) An owner or other person having charge or control of a 
  4.22  motorboat may not knowingly authorize or allow a person, who by 
  4.23  reason of a physical or mental disability is incapable of 
  4.24  operating the motorboat, to operate the motorboat in operation 
  4.25  on the waters of this state.  
  4.26     (d) For purposes of this subdivision, a motorboat "in 
  4.27  operation" does not include a motorboat that is anchored, 
  4.28  beached, or securely fastened to a dock or other permanent 
  4.29  mooring. 
  4.30     Sec. 8.  Minnesota Statutes 1994, section 86B.331, 
  4.31  subdivision 4, is amended to read: 
  4.32     Subd. 4.  [EVIDENCE.] (a) Upon the trial of a prosecution 
  4.33  arising out of acts alleged to have been committed by a person 
  4.34  arrested for operating or being in physical control of a 
  4.35  motorboat in violation of subdivision 1, paragraph (a), or an 
  4.36  ordinance in conformity with it, the court may admit evidence of 
  5.1   the amount of alcohol or a controlled substance in the person's 
  5.2   blood, breath, or urine as shown by an analysis of those items. 
  5.3      (b) For the purposes of this subdivision:, 
  5.4      (1) evidence that there was at the time an alcohol 
  5.5   concentration of 0.05 or less is prima facie evidence that the 
  5.6   person was not under the influence of alcohol; and 
  5.7      (2) evidence that there was at the time an alcohol 
  5.8   concentration of 0.04 or more than 0.05 and less than 0.10 is 
  5.9   relevant evidence in indicating whether or not the person was 
  5.10  under the influence of alcohol. 
  5.11     (c) Evidence of the refusal to take a preliminary screening 
  5.12  test required under subdivision 3 or a chemical test required 
  5.13  under section 86B.335 is admissible into evidence in a 
  5.14  prosecution under this section or an ordinance in conformity 
  5.15  with it. 
  5.16     (d) This subdivision does not limit the introduction of 
  5.17  other competent evidence bearing upon the question of whether or 
  5.18  not the person violated this section, including tests obtained 
  5.19  more than two hours after the alleged violation and results 
  5.20  obtained from partial tests on an infrared breath-testing 
  5.21  instrument.  A result from a partial test is the measurement 
  5.22  obtained by analyzing one adequate breath sample.  A sample is 
  5.23  adequate if the instrument analyzes the sample and does not 
  5.24  indicate the sample is deficient.  
  5.25     (e) If proven by a preponderance of the evidence, it shall 
  5.26  be an affirmative defense to a violation of subdivision 1, 
  5.27  paragraph (a), clause (5), that the defendant consumed a 
  5.28  sufficient quantity of alcohol after the time of operating or 
  5.29  physical control of a motorboat and before the administration of 
  5.30  the evidentiary test to cause the defendant's alcohol 
  5.31  concentration to equal or exceed 0.10 the per se level.  
  5.32  Provided, that this evidence may not be admitted unless notice 
  5.33  is given to the prosecution prior to the omnibus or pretrial 
  5.34  hearing in the matter. 
  5.35     Sec. 9.  Minnesota Statutes 1994, section 86B.335, 
  5.36  subdivision 1, is amended to read: 
  6.1      Subdivision 1.  [CHEMICAL TESTING.] A person who operates 
  6.2   or is in physical control of a motorboat in operation on the 
  6.3   waters of this state is required, subject to the provisions of 
  6.4   this section, to take or submit to a test of the person's blood, 
  6.5   breath, or urine for the purpose of determining the presence and 
  6.6   amount of alcohol or a controlled substance.  A motorboat "in 
  6.7   operation" does not include a motorboat that is anchored, 
  6.8   beached, or securely fastened to a dock or other permanent 
  6.9   mooring.  The test shall be administered at the direction of an 
  6.10  officer authorized to make arrests under section 86B.331, 
  6.11  subdivision 2.  Taking or submitting to the test is mandatory 
  6.12  when requested by an officer who has probable cause to believe 
  6.13  the person was operating or in physical control of a motorboat 
  6.14  in violation of section 86B.331, subdivision 1, paragraph (a), 
  6.15  and one of the following conditions exist: 
  6.16     (1) the person has been lawfully placed under arrest for 
  6.17  violating section 86B.331, subdivision 1, paragraph (a); 
  6.18     (2) the person has been involved in a motorboat accident 
  6.19  resulting in property damage, personal injury, or death; 
  6.20     (3) the person has refused to take the preliminary 
  6.21  screening test provided for in section 86B.331, subdivision 3; 
  6.22  or 
  6.23     (4) the screening test was administered and indicated an 
  6.24  alcohol concentration of 0.10 or more at or exceeding the per se 
  6.25  level. 
  6.26     Sec. 10.  Minnesota Statutes 1994, section 169.01, 
  6.27  subdivision 61, is amended to read: 
  6.28     Subd. 61.  [ALCOHOL CONCENTRATION AND PER SE 
  6.29  LEVEL.] (a) "Alcohol concentration" means the number of grams of 
  6.30  alcohol per: 
  6.31     (a) the number of grams of alcohol per (1) 100 milliliters 
  6.32  of blood, or; 
  6.33     (b) the number of grams of alcohol per (2) 210 liters of 
  6.34  breath,; or 
  6.35     (c) the number of grams of alcohol per (3) 67 milliliters 
  6.36  of urine. 
  7.1      (b) "Per se level" means an alcohol concentration of: 
  7.2      (1) 0.10, for a person 21 years of age or older; 
  7.3      (2) 0.04, for a person under the age of 21; or 
  7.4      (3) 0.04, for the driver of a commercial motor vehicle. 
  7.5      Sec. 11.  Minnesota Statutes 1994, section 169.121, 
  7.6   subdivision 1, is amended to read: 
  7.7      Subdivision 1.  [CRIME.] It is a crime for any person to 
  7.8   drive, operate, or be in physical control of any motor vehicle 
  7.9   within this state or upon the ice of any boundary water of this 
  7.10  state: 
  7.11     (a) when the person is under the influence of alcohol; 
  7.12     (b) when the person is under the influence of a controlled 
  7.13  substance, as defined in section 152.01, subdivision 4; 
  7.14     (c) when the person is under the influence of a combination 
  7.15  of any two or more of the elements named in clauses (a), (b), 
  7.16  and (f); 
  7.17     (d) when the person's alcohol concentration is 0.10 or more 
  7.18  at or exceeding the per se level; 
  7.19     (e) when the person's alcohol concentration as measured 
  7.20  within two hours of the time of driving is 0.10 or more at or 
  7.21  exceeding the per se level; or 
  7.22     (f) when the person is knowingly under the influence of any 
  7.23  chemical compound or combination of chemical compounds that is 
  7.24  listed as a hazardous substance in rules adopted under section 
  7.25  182.655 and that affects the nervous system, brain, or muscles 
  7.26  of the person so as to substantially impair the person's ability 
  7.27  to drive or operate the motor vehicle. 
  7.28     Sec. 12.  Minnesota Statutes 1994, section 169.121, 
  7.29  subdivision 2, is amended to read: 
  7.30     Subd. 2.  [EVIDENCE.] Upon the trial of any prosecution 
  7.31  arising out of acts alleged to have been committed by any person 
  7.32  arrested for driving, operating, or being in physical control of 
  7.33  a motor vehicle in violation of subdivision 1, the court may 
  7.34  admit evidence of the amount of alcohol or a controlled 
  7.35  substance in the person's blood, breath, or urine as shown by an 
  7.36  analysis of those items. 
  8.1      For the purposes of this subdivision, evidence that there 
  8.2   was at the time an alcohol concentration of 0.04 or more is 
  8.3   relevant evidence in indicating whether or not the person was 
  8.4   under the influence of alcohol. 
  8.5      Evidence of the refusal to take a test is admissible into 
  8.6   evidence in a prosecution under this section or an ordinance in 
  8.7   conformity with it.  
  8.8      If proven by a preponderance of the evidence, it shall be 
  8.9   an affirmative defense to a violation of subdivision 1, clause 
  8.10  (e), that the defendant consumed a sufficient quantity of 
  8.11  alcohol after the time of actual driving, operating, or physical 
  8.12  control of a motor vehicle and before the administration of the 
  8.13  evidentiary test to cause the defendant's alcohol concentration 
  8.14  to equal or exceed 0.10 the per se level.  Provided, that this 
  8.15  evidence may not be admitted unless notice is given to the 
  8.16  prosecution prior to the omnibus or pretrial hearing in the 
  8.17  matter.  
  8.18     The foregoing provisions do not limit the introduction of 
  8.19  any other competent evidence bearing upon the question whether 
  8.20  or not the person violated this section, including tests 
  8.21  obtained more than two hours after the alleged violation and 
  8.22  results obtained from partial tests on an infrared 
  8.23  breath-testing instrument.  A result from a partial test is the 
  8.24  measurement obtained by analyzing one adequate breath sample, as 
  8.25  defined in section 169.123, subdivision 2b, paragraph (b). 
  8.26     Sec. 13.  Minnesota Statutes 1994, section 169.121, 
  8.27  subdivision 10a, is amended to read: 
  8.28     Subd. 10a.  [CIVIL ACTION; PUNITIVE DAMAGES.] In a civil 
  8.29  action involving a motor vehicle accident, evidence that the 
  8.30  accident was caused by a driver (1) with a blood an alcohol 
  8.31  concentration of .10 or more at or exceeding the per se level, 
  8.32  (2) who was under the influence of a controlled substance, or 
  8.33  (3) who was under the influence of alcohol and refused to take a 
  8.34  test required under section 169.123, subdivision 2, is 
  8.35  sufficient for the trier of fact to consider an award of 
  8.36  punitive damages.  A criminal charge or conviction is not a 
  9.1   prerequisite to consideration of punitive damages under this 
  9.2   subdivision.  At the trial in an action where the trier of fact 
  9.3   will consider an award of punitive damages, evidence that the 
  9.4   driver has been convicted of violating this section, section 
  9.5   169.129, or 609.21 is admissible into evidence. 
  9.6      Sec. 14.  Minnesota Statutes 1994, section 169.1211, 
  9.7   subdivision 1, is amended to read: 
  9.8      Subdivision 1.  [CRIME.] It is a misdemeanor for any person 
  9.9   to drive, operate, or be in physical control of any commercial 
  9.10  motor vehicle within this state or upon the ice of any boundary 
  9.11  water of this state: 
  9.12     (1) when the person's alcohol concentration is 0.04 or more 
  9.13  at or exceeding the per se level; or 
  9.14     (2) when the person's alcohol concentration as measured 
  9.15  within two hours of the time of driving is 0.04 or more at or 
  9.16  exceeding the per se level.  
  9.17     Sec. 15.  Minnesota Statutes 1994, section 169.1211, 
  9.18  subdivision 3, is amended to read: 
  9.19     Subd. 3.  [EVIDENCE.] Upon the trial of any prosecution 
  9.20  arising out of acts alleged to have been committed by any person 
  9.21  arrested for violating subdivision 1, the court may admit 
  9.22  evidence of the amount of alcohol in the person's blood, breath, 
  9.23  or urine as shown by an analysis of those items. 
  9.24     If proven by a preponderance of the evidence, it shall be 
  9.25  an affirmative defense to a violation of subdivision 1, clause 
  9.26  (2), that the defendant consumed a sufficient quantity of 
  9.27  alcohol after the time of the violation and before the 
  9.28  administration of the evidentiary test to cause the defendant's 
  9.29  alcohol concentration to equal or exceed 0.04 the per se level.  
  9.30  This evidence may not be admitted unless notice is given to the 
  9.31  prosecution prior to the omnibus or pretrial hearing in the 
  9.32  matter.  
  9.33     The foregoing provisions do not limit the introduction of 
  9.34  any other competent evidence bearing upon the question whether 
  9.35  the person violated this section, including tests obtained more 
  9.36  than two hours after the alleged violation and results obtained 
 10.1   from partial tests on an infrared breath-testing instrument.  A 
 10.2   result from a partial test is the measurement obtained by 
 10.3   analyzing one adequate breath sample, as defined in section 
 10.4   169.123, subdivision 2b, paragraph (b). 
 10.5      Sec. 16.  Minnesota Statutes 1994, section 169.123, 
 10.6   subdivision 2, is amended to read: 
 10.7      Subd. 2.  [IMPLIED CONSENT; CONDITIONS; ELECTION OF TEST.] 
 10.8   (a) Any person who drives, operates, or is in physical control 
 10.9   of a motor vehicle within this state or upon the ice of any 
 10.10  boundary water of this state consents, subject to the provisions 
 10.11  of this section and sections 169.121 and 169.1211, to a chemical 
 10.12  test of that person's blood, breath, or urine for the purpose of 
 10.13  determining the presence of alcohol or a controlled substance.  
 10.14  The test shall be administered at the direction of a peace 
 10.15  officer.  The test may be required of a person when an officer 
 10.16  has probable cause to believe the person was driving, operating, 
 10.17  or in physical control of a motor vehicle in violation of 
 10.18  section 169.121 and one of the following conditions exist: 
 10.19     (1) the person has been lawfully placed under arrest for 
 10.20  violation of section 169.121, or an ordinance in conformity with 
 10.21  it; 
 10.22     (2) the person has been involved in a motor vehicle 
 10.23  accident or collision resulting in property damage, personal 
 10.24  injury, or death; 
 10.25     (3) the person has refused to take the screening test 
 10.26  provided for by section 169.121, subdivision 6; or 
 10.27     (4) the screening test was administered and indicated an 
 10.28  alcohol concentration of 0.10 or more at or exceeding the per se 
 10.29  level.  
 10.30     The test may also be required of a person when an officer 
 10.31  has probable cause to believe the person was driving, operating, 
 10.32  or in physical control of a commercial motor vehicle with the 
 10.33  presence of any alcohol. 
 10.34     (b) At the time a test is requested, the person shall be 
 10.35  informed: 
 10.36     (1) that Minnesota law requires the person to take a test 
 11.1   to determine if the person is under the influence of alcohol or 
 11.2   a controlled substance or, if the motor vehicle was a commercial 
 11.3   motor vehicle, that Minnesota law requires the person to take a 
 11.4   test to determine the presence of alcohol; 
 11.5      (2) that refusal to take a test is a crime; 
 11.6      (3) if the peace officer has probable cause to believe the 
 11.7   person has violated the criminal vehicular homicide and injury 
 11.8   laws, that a test will be taken with or without the person's 
 11.9   consent; and 
 11.10     (4) that the person has the right to consult with an 
 11.11  attorney, but that this right is limited to the extent that it 
 11.12  cannot unreasonably delay administration of the test. 
 11.13     (c) The peace officer who requires a test pursuant to this 
 11.14  subdivision may direct whether the test shall be of blood, 
 11.15  breath, or urine.  Action may be taken against a person who 
 11.16  refuses to take a blood test only if an alternative test was 
 11.17  offered and action may be taken against a person who refuses to 
 11.18  take a urine test only if an alternative test was offered. 
 11.19     Sec. 17.  Minnesota Statutes 1994, section 169.123, 
 11.20  subdivision 4, is amended to read: 
 11.21     Subd. 4.  [TEST REFUSAL OR FAILURE; REVOCATION OF LICENSE 
 11.22  REVOCATION OR DISQUALIFICATION.] If a person refuses to permit a 
 11.23  test, none shall be given, but the peace officer shall report 
 11.24  the refusal to the commissioner of public safety and the 
 11.25  authority having responsibility for prosecution of misdemeanor 
 11.26  offenses for the jurisdiction in which the acts occurred.  
 11.27  However, if a peace officer has probable cause to believe that 
 11.28  the person has violated section 609.21, a test may be required 
 11.29  and obtained despite the person's refusal.  A refusal to submit 
 11.30  to an alcohol concentration test does not constitute a violation 
 11.31  of section 609.50, unless the refusal was accompanied by force 
 11.32  or violence or the threat of force or violence.  If a person 
 11.33  submits to a test and the test results indicate an alcohol 
 11.34  concentration of 0.10 or more, or if a person was driving, 
 11.35  operating, or in physical control of a commercial motor vehicle 
 11.36  and the test results indicate an alcohol concentration of 0.04 
 12.1   or more at or exceeding the per se level, the results of the 
 12.2   test shall be reported to the commissioner of public safety and 
 12.3   to the authority having responsibility for prosecution of 
 12.4   misdemeanor offenses for the jurisdiction in which the acts 
 12.5   occurred. 
 12.6      Upon certification by the peace officer that there existed 
 12.7   probable cause to believe the person had been driving, 
 12.8   operating, or in physical control of a motor vehicle while under 
 12.9   the influence of alcohol or a controlled substance and that the 
 12.10  person refused to submit to a test, the commissioner of public 
 12.11  safety shall revoke the person's license or permit to drive, or 
 12.12  nonresident operating privilege, for a period of one year even 
 12.13  if a test was obtained pursuant to this section after the person 
 12.14  refused to submit to testing.  Upon certification by the peace 
 12.15  officer that there existed probable cause to believe the person 
 12.16  had been driving, operating, or in physical control of a 
 12.17  commercial motor vehicle with the presence of any alcohol and 
 12.18  that the person refused to submit to a test, the commissioner 
 12.19  shall disqualify the person from operating a commercial motor 
 12.20  vehicle for a period of one year under section 171.165 and shall 
 12.21  revoke the person's license or permit to drive or nonresident 
 12.22  operating privilege for a period of one year.  Upon 
 12.23  certification by the peace officer that there existed probable 
 12.24  cause to believe the person had been driving, operating or in 
 12.25  physical control of a motor vehicle while under the influence of 
 12.26  alcohol or a controlled substance and that the person submitted 
 12.27  to a test and the test results indicate an alcohol concentration 
 12.28  of 0.10 or more at or exceeding the per se level, the 
 12.29  commissioner of public safety shall revoke the person's license 
 12.30  or permit to drive, or nonresident operating privilege, for:  
 12.31  (1) a period of 90 days; or (2) if the person is under the age 
 12.32  of 21 years, for a period of six months; or (3) if the person's 
 12.33  driver's license or driving privileges have been revoked within 
 12.34  the past five years under this section or section 169.121, for a 
 12.35  period of 180 days.  On certification by the peace officer that 
 12.36  there existed probable cause to believe the person had been 
 13.1   driving, operating, or in physical control of a commercial motor 
 13.2   vehicle with any presence of alcohol and that the person 
 13.3   submitted to a test and the test results indicated an alcohol 
 13.4   concentration of 0.04 or more at or exceeding the per se level, 
 13.5   the commissioner of public safety shall disqualify the person 
 13.6   from operating a commercial motor vehicle under section 171.165. 
 13.7      If the person is a resident without a license or permit to 
 13.8   operate a motor vehicle in this state, the commissioner of 
 13.9   public safety shall deny to the person the issuance of a license 
 13.10  or permit for the same period after the date of the alleged 
 13.11  violation as provided herein for revocation, subject to review 
 13.12  as hereinafter provided. 
 13.13     Sec. 18.  Minnesota Statutes 1994, section 169.123, 
 13.14  subdivision 5a, is amended to read: 
 13.15     Subd. 5a.  [TEST REFUSAL OR FAILURE; DRIVING PRIVILEGE 
 13.16  LOST.] (a) On behalf of the commissioner of public safety, a 
 13.17  peace officer requiring a test or directing the administration 
 13.18  of a chemical test shall serve immediate notice of intention to 
 13.19  revoke and of revocation on a person who refuses to permit a 
 13.20  test or on a person who submits to a test the results of which 
 13.21  indicate an alcohol concentration of 0.10 or more at or 
 13.22  exceeding the per se level.  
 13.23     (b) On behalf of the commissioner of public safety, a peace 
 13.24  officer requiring a test or directing the administration of a 
 13.25  chemical test of a person driving, operating, or in physical 
 13.26  control of a commercial motor vehicle shall serve immediate 
 13.27  notice of intention to disqualify and of disqualification on a 
 13.28  person who refuses to permit a test, or on a person who submits 
 13.29  to a test the results of which indicate an alcohol concentration 
 13.30  of 0.04 or more at or exceeding the per se level.  
 13.31     (c) The officer shall either: 
 13.32     (1) take the driver's license or permit, if any, send it to 
 13.33  the commissioner of public safety along with the certificate 
 13.34  required by subdivision 4, and issue a temporary license 
 13.35  effective only for seven days; or 
 13.36     (2) invalidate the driver's license or permit in such a way 
 14.1   that no identifying information is destroyed. 
 14.2      Sec. 19.  Minnesota Statutes 1994, section 169.123, 
 14.3   subdivision 6, is amended to read: 
 14.4      Subd. 6.  [HEARING.] A hearing under this section shall be 
 14.5   before a municipal or county judge, in any county in the 
 14.6   judicial district where the alleged offense occurred.  The 
 14.7   hearing shall be to the court and may be conducted at the same 
 14.8   time and in the same manner as hearings upon pretrial motions in 
 14.9   the criminal prosecution under section 169.121, if any.  The 
 14.10  hearing shall be recorded.  The commissioner of public safety 
 14.11  shall appear and be represented by the attorney general or 
 14.12  through the prosecuting authority for the jurisdiction involved. 
 14.13     The hearing shall be held at the earliest practicable date, 
 14.14  and in any event no later than 60 days following the filing of 
 14.15  the petition for review.  The judicial district administrator 
 14.16  shall establish procedures to ensure efficient compliance with 
 14.17  the provisions of this subdivision.  To accomplish this, the 
 14.18  administrator may, whenever possible, consolidate and transfer 
 14.19  review hearings among the county courts within the judicial 
 14.20  district.  
 14.21     The scope of the hearing shall be limited to the issues of: 
 14.22     (1) whether the peace officer had probable cause to believe 
 14.23  the person was driving, operating, or in physical control of (i) 
 14.24  a motor vehicle while under the influence of alcohol or a 
 14.25  controlled substance, or (ii) a commercial motor vehicle with 
 14.26  any presence of alcohol, and whether the person was lawfully 
 14.27  placed under arrest for violation of section 169.121 or 
 14.28  169.1211, or the person was involved in a motor vehicle accident 
 14.29  or collision resulting in property damage, personal injury or 
 14.30  death, or the person refused to take a screening test provided 
 14.31  for by section 169.121, subdivision 6, or the screening test was 
 14.32  administered and recorded an alcohol concentration of 0.10 or 
 14.33  more at or exceeding the per se level; and 
 14.34     (2) whether at the time of the request for the test the 
 14.35  peace officer informed the person of the person's rights and the 
 14.36  consequences of taking or refusing the test as required by 
 15.1   subdivision 2; and 
 15.2      (3) either (a) whether the person refused to permit the 
 15.3   test, or (b) whether a test was taken and the test results 
 15.4   indicated an alcohol concentration of 0.10 or more at the time 
 15.5   of testing, or if a test was taken by a person driving, 
 15.6   operating, or in physical control of a commercial motor vehicle 
 15.7   and the test results indicated an alcohol concentration of 0.04 
 15.8   or more at or exceeding the per se level at the time of testing; 
 15.9   whether the testing method used was valid and reliable; and 
 15.10  whether the test results were accurately evaluated. 
 15.11     It shall be an affirmative defense for the petitioner to 
 15.12  prove that, at the time of the refusal, the petitioner's refusal 
 15.13  to permit the test was based upon reasonable grounds. 
 15.14     Certified or otherwise authenticated copies of laboratory 
 15.15  or medical personnel reports, records, documents, licenses and 
 15.16  certificates shall be admissible as substantive evidence.  
 15.17     The court shall order that the revocation or 
 15.18  disqualification be either rescinded or sustained and forward 
 15.19  the order to the commissioner of public safety.  The court shall 
 15.20  file its order within 14 days following the hearing.  If the 
 15.21  revocation or disqualification is sustained, the court shall 
 15.22  also forward the person's driver's license or permit to the 
 15.23  commissioner of public safety for further action by the 
 15.24  commissioner of public safety if the license or permit is not 
 15.25  already in the commissioner's possession. 
 15.26     Sec. 20.  Minnesota Statutes 1994, section 360.0752, 
 15.27  subdivision 1, is amended to read: 
 15.28     Subdivision 1.  [DEFINITION DEFINITIONS.] As The terms used 
 15.29  in this section and section 360.0753, have the meanings given 
 15.30  them in this subdivision. 
 15.31     (a) "Operate" includes the acts of all crew members with 
 15.32  responsibility to operate the aircraft. 
 15.33     (b) "Alcohol concentration" has the meaning given in 
 15.34  section 169.01, subdivision 61, paragraph (a). 
 15.35     (c) "Per se level" means an alcohol concentration of 0.04. 
 15.36     Sec. 21.  Minnesota Statutes 1994, section 360.0752, 
 16.1   subdivision 2, is amended to read: 
 16.2      Subd. 2.  [CRIME.] It is a crime for any person to operate 
 16.3   or attempt to operate an aircraft on or over land or water 
 16.4   within this state or over any boundary water of this state: 
 16.5      (a) when the person is under the influence of alcohol; 
 16.6      (b) when the person is under the influence of a controlled 
 16.7   substance, as defined in section 152.01, subdivision 4; 
 16.8      (c) when the person is under the influence of a combination 
 16.9   of any two or more of the elements named in clauses (a), (b), 
 16.10  and (f); 
 16.11     (d) when the person's alcohol concentration is 0.04 or more 
 16.12  at or exceeding the per se level; 
 16.13     (e) when the person's alcohol concentration as measured 
 16.14  within two hours of the time of operation or attempted operation 
 16.15  is 0.04 or more at or exceeding the per se level; 
 16.16     (f) when the person is knowingly under the influence of any 
 16.17  chemical compound or combination of chemical compounds that is 
 16.18  listed as a hazardous substance in rules adopted under section 
 16.19  182.655 and that affects the nervous system, brain, or muscles 
 16.20  of the person so as to substantially impair the person's ability 
 16.21  to operate the aircraft; or 
 16.22     (g) within eight hours of having consumed any alcoholic 
 16.23  beverage or used any controlled substance.  
 16.24     Sec. 22.  Minnesota Statutes 1994, section 360.0752, 
 16.25  subdivision 5, is amended to read: 
 16.26     Subd. 5.  [EVIDENCE.] Upon the trial of any prosecution 
 16.27  arising out of acts alleged to have been committed by any person 
 16.28  arrested for operating or attempting to operate an aircraft in 
 16.29  violation of subdivision 2, the court may admit evidence of the 
 16.30  amount of alcohol or a controlled substance in the person's 
 16.31  blood, breath, or urine as shown by an analysis of those items.  
 16.32     Evidence of the refusal to take a test is admissible into 
 16.33  evidence in a prosecution under this section.  
 16.34     If proven by a preponderance of the evidence, it shall be 
 16.35  an affirmative defense to a violation of subdivision 2, clause 
 16.36  (e), that the defendant consumed a sufficient quantity of 
 17.1   alcohol after the time of the violation and before the 
 17.2   administration of the evidentiary test to cause the defendant's 
 17.3   alcohol concentration to equal or exceed 0.04 the per se level; 
 17.4   provided, that this evidence may not be admitted unless notice 
 17.5   is given to the prosecution prior to the omnibus or pretrial 
 17.6   hearing in the matter.  
 17.7      The foregoing provisions do not limit the introduction of 
 17.8   any other competent evidence bearing upon the question whether 
 17.9   or not the person violated this section, including tests 
 17.10  obtained more than two hours after the alleged violation and 
 17.11  results obtained from partial tests on an infrared 
 17.12  breath-testing instrument.  A result from a partial test is the 
 17.13  measurement obtained by analyzing one adequate breath sample, as 
 17.14  defined in section 360.0753, subdivision 4, paragraph (b).  
 17.15     Sec. 23.  Minnesota Statutes 1994, section 360.0753, 
 17.16  subdivision 2, is amended to read: 
 17.17     Subd. 2.  [IMPLIED CONSENT; CONDITIONS; ELECTION AS TO TYPE 
 17.18  OF TEST.] (a) Any person who operates or attempts to operate an 
 17.19  aircraft in or over this state or over any boundary water of 
 17.20  this state consents, subject to the provisions of this section 
 17.21  and section 360.0752, to a chemical test of that person's blood, 
 17.22  breath, or urine for the purpose of determining the presence of 
 17.23  alcohol or a controlled substance.  The test shall be 
 17.24  administered at the direction of a peace officer.  The test may 
 17.25  be required of a person when an officer has probable cause to 
 17.26  believe the person was operating or attempting to operate an 
 17.27  aircraft in violation of section 360.0752 and one of the 
 17.28  following conditions exists:  
 17.29     (1) the person has been lawfully placed under arrest for 
 17.30  violation of section 360.0752; 
 17.31     (2) the person has been involved in an aircraft accident or 
 17.32  collision resulting in property damage, personal injury, or 
 17.33  death; 
 17.34     (3) the person has refused to take the screening test 
 17.35  provided for by section 360.0752; 
 17.36     (4) the screening test was administered and recorded an 
 18.1   alcohol concentration of 0.04 or more at or exceeding the per se 
 18.2   level; or 
 18.3      (5) the officer had probable cause to believe that the 
 18.4   person was operating or attempting to operate an aircraft with 
 18.5   any amount of alcohol present in the person's body.  
 18.6      (b) At the time a test is requested, the person shall be 
 18.7   informed:  
 18.8      (1) that Minnesota law requires the person to take a test 
 18.9   to determine the presence of alcohol or to determine if the 
 18.10  person is under the influence of alcohol or a controlled 
 18.11  substance; 
 18.12     (2) that whether a test is taken or refused, the person may 
 18.13  be subject to criminal prosecution for an alcohol or controlled 
 18.14  substance related offense relating to the operation of an 
 18.15  aircraft; 
 18.16     (3) that if testing is refused, the person may be subject 
 18.17  to criminal prosecution because the person refused testing and 
 18.18  the person will be disqualified from operating an aircraft for a 
 18.19  minimum period of one year; 
 18.20     (4) if the peace officer has probable cause to believe the 
 18.21  person has violated the criminal vehicular homicide and injury 
 18.22  laws, that a test will be taken with or without the person's 
 18.23  consent; and 
 18.24     (5) that the person has the right to consult with an 
 18.25  attorney, but that this right is limited to the extent that it 
 18.26  cannot unreasonably delay administration of the test.  
 18.27     (c) The peace officer who requires a test pursuant to this 
 18.28  subdivision may direct whether the test shall be of blood, 
 18.29  breath, or urine.  Action may be taken against a person who 
 18.30  refuses to take a blood test only if an alternative test was 
 18.31  offered, and action may be taken against a person who refuses to 
 18.32  take a urine test only if an alternative test was offered.  
 18.33     Sec. 24.  [EFFECTIVE DATE.] 
 18.34     Sections 1 to 23 are effective August 1, 1995, and apply to 
 18.35  violations committed on or after that date.