HF 1061

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; driving while impaired; increasing 
  1.3             criminal penalties, minimum sentences, and 
  1.4             administrative sanctions for driving motor vehicles 
  1.5             and operating recreational vehicles with an alcohol 
  1.6             concentration of 0.20 or more; providing more severe 
  1.7             requirements concerning conditional release and 
  1.8             electronic alcohol monitoring pending trial, alcohol 
  1.9             use assessment and treatment, driver's license 
  1.10            revocation, license plate impoundment, and vehicle 
  1.11            forfeiture; making technical changes; amending 
  1.12            Minnesota Statutes 1996, sections 84.91, subdivisions 
  1.13            1 and 5; 84.912, subdivision 1; 86B.331, subdivisions 
  1.14            1 and 5; 86B.337, subdivision 1; 168.042, subdivisions 
  1.15            1, 2, 4, 9, and 11; 169.121, subdivisions 1, 1c, 2, 3, 
  1.16            3a, 3b, and 4; 169.1211, subdivision 1, and by adding 
  1.17            a subdivision; 169.1217, subdivision 1; and 169.126, 
  1.18            subdivision 1. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20     Section 1.  Minnesota Statutes 1996, section 84.91, 
  1.21  subdivision 1, is amended to read: 
  1.22     Subdivision 1.  [ACTS PROHIBITED.] (a) No person shall 
  1.23  operate or be in physical control of any snowmobile or 
  1.24  all-terrain vehicle anywhere in this state or on the ice of any 
  1.25  boundary water of this state: 
  1.26     (1) when the person is under the influence of alcohol; 
  1.27     (2) when the person is under the influence of a controlled 
  1.28  substance, as defined in section 152.01, subdivision 4; 
  1.29     (3) when the person is under the influence of a combination 
  1.30  of any two or more of the elements named in clauses (1), (2), 
  1.31  and (6) (7); 
  1.32     (4) when the person's alcohol concentration is 0.10 or more 
  2.1   but less than 0.20; 
  2.2      (5) when the person's alcohol concentration as measured 
  2.3   within two hours of the time of operating operation or physical 
  2.4   control is 0.10 or more but less than 0.20; or 
  2.5      (6) when the person's alcohol concentration at the time of 
  2.6   operation or physical control, or as measured within two hours 
  2.7   of the time of operation or physical control, is 0.20 or more; 
  2.8   or 
  2.9      (7) when the person is knowingly under the influence of any 
  2.10  chemical compound or combination of chemical compounds that is 
  2.11  listed as a hazardous substance in rules adopted under section 
  2.12  182.655 and that affects the nervous system, brain, or muscles 
  2.13  of the person so as to substantially impair the person's ability 
  2.14  to operate the snowmobile or all-terrain vehicle.  
  2.15     (b) No owner or other person having charge or control of 
  2.16  any snowmobile or all-terrain vehicle shall authorize or permit 
  2.17  any individual the person knows or has reason to believe is 
  2.18  under the influence of alcohol or a controlled substance or 
  2.19  other substance, as provided under paragraph (a), to operate the 
  2.20  snowmobile or all-terrain vehicle anywhere in this state or on 
  2.21  the ice of any boundary water of this state. 
  2.22     (c) No owner or other person having charge or control of 
  2.23  any snowmobile or all-terrain vehicle shall knowingly authorize 
  2.24  or permit any person, who by reason of any physical or mental 
  2.25  disability is incapable of operating the vehicle, to operate the 
  2.26  snowmobile or all-terrain vehicle anywhere in this state or on 
  2.27  the ice of any boundary water of this state. 
  2.28     Sec. 2.  Minnesota Statutes 1996, section 84.91, 
  2.29  subdivision 5, is amended to read: 
  2.30     Subd. 5.  [PENALTIES.] (a) A person who violates any 
  2.31  prohibition contained in subdivision 1, paragraph (a), clause 
  2.32  (1), (2), (3), (4), (5), or (7), or an ordinance in conformity 
  2.33  with it any of them, is guilty of a misdemeanor.  
  2.34     (b) A person is guilty of a gross misdemeanor who if the 
  2.35  person violates any prohibition contained in subdivision 1, 
  2.36  paragraph (a), clause (6). 
  3.1      (c) A person is guilty of a gross misdemeanor if the person 
  3.2   violates subdivision 1, paragraph (a), clause (1), (2), (3), 
  3.3   (4), (5), or (7): 
  3.4      (1) within five years of a prior: 
  3.5      (i) impaired driving conviction or a prior license 
  3.6   revocation, as defined in section 169.121, subdivision 3, 
  3.7   paragraph (a), clause (1); 
  3.8      (ii) civil liability under section 84.911, subdivision 2, 
  3.9   or 86B.335, subdivision 2; or 
  3.10     (iii) conviction under an ordinance of this state or a 
  3.11  statute or ordinance from another state in conformity with any 
  3.12  of them; or 
  3.13     (2) within ten years of the first of two or more prior: 
  3.14     (i) two or more prior impaired driving convictions, two or 
  3.15  more prior license revocations, or a combination of a prior 
  3.16  impaired driving conviction and a prior license revocation, 
  3.17  based on separate incidents, as defined in section 169.121, 
  3.18  subdivision 3, paragraph (a), clause (1); 
  3.19     (ii) two or more civil liabilities under section 84.911, 
  3.20  subdivision 2, or 86B.335, subdivision 2; 
  3.21     (iii) two or more convictions of ordinances in conformity 
  3.22  with any of them; or 
  3.23     (iv) two or more convictions or liabilities under any 
  3.24  combination of items (i) to (iii). 
  3.25     (c) (d) The attorney in the jurisdiction where the 
  3.26  violation occurred who is responsible for prosecuting 
  3.27  misdemeanor violations of this section is also responsible for 
  3.28  prosecuting gross misdemeanor violations of this section.  When 
  3.29  an attorney responsible for prosecuting gross misdemeanors under 
  3.30  this section requests criminal history information relating to 
  3.31  prior convictions from a court, the court must furnish the 
  3.32  information without charge. 
  3.33     (d) (e) A person who operates a snowmobile or all-terrain 
  3.34  vehicle during the period the person is prohibited from 
  3.35  operating the vehicle under subdivision 6 is guilty of a 
  3.36  misdemeanor.  
  4.1      Sec. 3.  Minnesota Statutes 1996, section 84.912, 
  4.2   subdivision 1, is amended to read: 
  4.3      Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  4.4   following terms have the meanings given them: 
  4.5      (a) "All-terrain vehicle" has the meaning given in section 
  4.6   84.92, subdivision 8.  
  4.7      (b) "Appropriate agency" means a law enforcement agency 
  4.8   that has the authority to make an arrest for a violation of a 
  4.9   designated offense. 
  4.10     (c) "Designated offense" means: 
  4.11     (1) a violation of section 84.91, subdivision 1, paragraph 
  4.12  (a), clause (1), (2), (3), (4), (5), or (7) or an ordinance in 
  4.13  conformity with it any of them: 
  4.14     (1) occurring (i) within five years of the first of three 
  4.15  prior impaired driving convictions or the first of, three prior 
  4.16  license revocations, or any combination of three prior impaired 
  4.17  driving convictions and prior license revocations, based on 
  4.18  separate impaired driving incidents; or 
  4.19     (2) occurring (ii) within 15 years of the first of four or 
  4.20  more prior impaired driving convictions or the first of, four or 
  4.21  more prior license revocations, or any combination of four or 
  4.22  more prior impaired driving convictions and prior license 
  4.23  revocations, based on separate impaired driving incidents; 
  4.24     (2) a violation of section 84.91, subdivision 1, paragraph 
  4.25  (a), clause (6): 
  4.26     (i) within five years of the first of two prior impaired 
  4.27  driving convictions, two prior license revocations, or a prior 
  4.28  impaired driving conviction and a prior license revocation, 
  4.29  based on separate incidents; or 
  4.30     (ii) within 15 years of the first of three or more prior 
  4.31  impaired driving convictions, three or more prior license 
  4.32  revocations, or any combination of three or more prior impaired 
  4.33  driving convictions and prior license revocations, based on 
  4.34  separate incidents; or 
  4.35     (3) a violation of section 84.91, subdivision 1, paragraph 
  4.36  (a), or an ordinance in conformity with it: 
  5.1      (i) by a person whose driver's license or driving 
  5.2   privileges have been canceled under section 171.04, subdivision 
  5.3   1, clause (8) (9); or 
  5.4      (4) (ii) by a person who is subject to a restriction on the 
  5.5   person's driver's license under section 171.09 that provides 
  5.6   that the person may not use or consume any amount of alcohol or 
  5.7   a controlled substance. 
  5.8      (d) "Owner" means the registered owner of the snowmobile or 
  5.9   all-terrain vehicle according to records of the department of 
  5.10  natural resources and includes a lessee of a snowmobile or 
  5.11  all-terrain vehicle if the lease agreement has a term of 180 
  5.12  days or more.  
  5.13     (e) "Prior impaired driving conviction" has the meaning 
  5.14  given in section 169.121, subdivision 3. 
  5.15     (f) "Prior license revocation" has the meaning given in 
  5.16  section 169.121, subdivision 3. 
  5.17     (g) "Prosecuting authority" means the attorney in the 
  5.18  jurisdiction in which the designated offense occurred who is 
  5.19  responsible for prosecuting violations of a designated offense. 
  5.20     (h) "Snowmobile" has the meaning given in section 84.81, 
  5.21  subdivision 3.  
  5.22     (i) "Vehicle" means a snowmobile or an all-terrain vehicle. 
  5.23     Sec. 4.  Minnesota Statutes 1996, section 86B.331, 
  5.24  subdivision 1, is amended to read: 
  5.25     Subdivision 1.  [ACTS PROHIBITED.] (a) A person may not 
  5.26  operate or be in physical control of a motorboat in operation on 
  5.27  the waters of this state: 
  5.28     (1) when the person is under the influence of alcohol; 
  5.29     (2) when the person is under the influence of a controlled 
  5.30  substance, as defined in section 152.01, subdivision 4; 
  5.31     (3) when the person is under the influence of a combination 
  5.32  of any two or more of the elements named in clauses (1), (2), 
  5.33  and (6) (7); 
  5.34     (4) when the person's alcohol concentration is 0.10 or more 
  5.35  but less than 0.20; 
  5.36     (5) when the person's alcohol concentration as measured 
  6.1   within two hours of the time of operating operation or physical 
  6.2   control is 0.10 or more but less than 0.20; or 
  6.3      (6) when the person's alcohol concentration at the time of 
  6.4   operation or physical control, or as measured within two hours 
  6.5   of the time of operation or physical control, is 0.20 or more; 
  6.6      (7) when the person is knowingly under the influence of any 
  6.7   chemical compound or combination of chemical compounds that is 
  6.8   listed as a hazardous substance in rules adopted under section 
  6.9   182.655 and that affects the nervous system, brain, or muscles 
  6.10  of the person so as to substantially impair the person's ability 
  6.11  to operate the motorboat.  
  6.12     (b) An owner or other person having charge or control of a 
  6.13  motorboat may not authorize or allow an individual the person 
  6.14  knows or has reason to believe is under the influence of alcohol 
  6.15  or a controlled or other substance, as provided under paragraph 
  6.16  (a), to operate the motorboat in operation on the waters of this 
  6.17  state. 
  6.18     (c) An owner or other person having charge or control of a 
  6.19  motorboat may not knowingly authorize or allow a person, who by 
  6.20  reason of a physical or mental disability is incapable of 
  6.21  operating the motorboat, to operate the motorboat in operation 
  6.22  on the waters of this state.  
  6.23     (d) For purposes of this subdivision, a motorboat "in 
  6.24  operation" does not include a motorboat that is anchored, 
  6.25  beached, or securely fastened to a dock or other permanent 
  6.26  mooring. 
  6.27     Sec. 5.  Minnesota Statutes 1996, section 86B.331, 
  6.28  subdivision 5, is amended to read: 
  6.29     Subd. 5.  [PENALTIES.] (a) A person who violates a 
  6.30  prohibition contained in subdivision 1, paragraph (a), clause 
  6.31  (1), (2), (3), (4), (5), or (7), or an ordinance in conformity 
  6.32  with it any of them, is guilty of a misdemeanor. 
  6.33     (b) A person is guilty of a gross misdemeanor who if the 
  6.34  person violates a prohibition contained in subdivision 1, 
  6.35  paragraph (a), clause (6). 
  6.36     (c) A person is guilty of a gross misdemeanor if the person 
  7.1   violates subdivision 1, paragraph (a), clause (1), (2), (3), 
  7.2   (4), (5), or (7): 
  7.3      (1) within five years of a prior: 
  7.4      (i) impaired driving conviction or a prior license 
  7.5   revocation, as defined in section 169.121, subdivision 3, 
  7.6   paragraph (a), clause (1); 
  7.7      (ii) civil liability under section 84.911, subdivision 2, 
  7.8   or 86B.335, subdivision 2; or 
  7.9      (iii) conviction under an ordinance of this state or a 
  7.10  statute or ordinance from another state in conformity with any 
  7.11  of them; or 
  7.12     (2) within ten years of the first of two or more prior: 
  7.13     (i) two or more prior impaired driving convictions, two or 
  7.14  more prior license revocations, or a prior impaired driving 
  7.15  conviction and a prior license revocation, based on separate 
  7.16  incidents, as defined in section 169.121, subdivision 3, 
  7.17  paragraph (a), clause (1); 
  7.18     (ii) two or more prior civil liabilities under section 
  7.19  84.911, subdivision 2, or 86B.335, subdivision 2; 
  7.20     (iii) two or more prior convictions of ordinances in 
  7.21  conformity with any of them; or 
  7.22     (iv) two or more prior convictions or liabilities under any 
  7.23  combination of items (i) to (iii).  
  7.24     (c) (d) The attorney in the jurisdiction where the 
  7.25  violation occurred who is responsible for prosecution of 
  7.26  misdemeanor violations of this section is also responsible for 
  7.27  prosecution of gross misdemeanor violations of this section.  
  7.28  When an attorney responsible for prosecuting gross misdemeanors 
  7.29  under this section requests criminal history information 
  7.30  relating to prior convictions from a court, the court must 
  7.31  furnish the information without charge. 
  7.32     (d) (e) A person who operates a motorboat on the waters of 
  7.33  this state during the period the person is prohibited from 
  7.34  operating any motorboat or after the person's watercraft 
  7.35  operator's permit has been revoked, as provided under 
  7.36  subdivision 6, is guilty of a misdemeanor.  
  8.1      Sec. 6.  Minnesota Statutes 1996, section 86B.337, 
  8.2   subdivision 1, is amended to read: 
  8.3      Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  8.4   following terms have the meanings given them: 
  8.5      (a) "Appropriate agency" means a law enforcement agency 
  8.6   that has the authority to make an arrest for a violation of a 
  8.7   designated offense. 
  8.8      (b) "Designated offense" means: 
  8.9      (1) a violation of section 86B.331, subdivision 1, 
  8.10  paragraph (a), clause (1), (2), (3), (4), (5), or (7), or an 
  8.11  ordinance in conformity with it any of them: 
  8.12     (1) occurring (i) within five years of the first of three 
  8.13  prior impaired driving convictions or the first of, three prior 
  8.14  license revocations, or any combination of three prior impaired 
  8.15  driving convictions and prior license revocations, based on 
  8.16  separate impaired driving incidents; or 
  8.17     (2) occurring (ii) within 15 years of the first of four or 
  8.18  more prior impaired driving convictions or the first of, four or 
  8.19  more prior license revocations, or any combination of four or 
  8.20  more prior impaired driving convictions and prior license 
  8.21  revocations, based on separate impaired driving incidents; 
  8.22     (2) a violation of section 86B.331, subdivision 1, 
  8.23  paragraph (a), clause (6): 
  8.24     (i) within five years of the first of two prior impaired 
  8.25  driving convictions, two prior license revocations, or a prior 
  8.26  impaired driving conviction and prior license revocation, based 
  8.27  on separate incidents; or 
  8.28     (ii) within 15 years of the first of three or more prior 
  8.29  impaired driving convictions, three or more prior license 
  8.30  revocations, or any combination of three or more prior impaired 
  8.31  driving convictions and prior license revocations, based on 
  8.32  separate incidents; or 
  8.33     (3) a violation of section 86B.331, subdivision 1, 
  8.34  paragraph (a), or an ordinance in conformity with it: 
  8.35     (i) by a person whose driver's license or driving 
  8.36  privileges have been canceled under section 171.04, subdivision 
  9.1   1, clause (8) (9); or 
  9.2      (4) (ii) by a person who is subject to a restriction on the 
  9.3   person's driver's license under section 171.09 that provides 
  9.4   that the person may not use or consume any amount of alcohol or 
  9.5   a controlled substance. 
  9.6      (c) "Motorboat" has the meaning given in section 86B.005, 
  9.7   subdivision 9.  
  9.8      (d) "Owner" means the registered owner of the motorboat 
  9.9   according to records of the department of natural resources and 
  9.10  includes a lessee of a motorboat if the lease agreement has a 
  9.11  term of 180 days or more. 
  9.12     (e) "Prior impaired driving conviction" has the meaning 
  9.13  given in section 169.121, subdivision 3. 
  9.14     (f) "Prior license revocation" has the meaning given in 
  9.15  section 169.121, subdivision 3. 
  9.16     (g) "Prosecuting authority" means the attorney in the 
  9.17  jurisdiction in which the designated offense occurred who is 
  9.18  responsible for prosecuting violations of a designated offense. 
  9.19     Sec. 7.  Minnesota Statutes 1996, section 168.042, 
  9.20  subdivision 1, is amended to read: 
  9.21     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
  9.22  section, the following terms have the meanings given. 
  9.23     (b) "Violator" means a person who was driving, operating, 
  9.24  or in physical control of the motor vehicle when the violation 
  9.25  occurred. 
  9.26     (c) "Violation" means: 
  9.27     (1) a violation of section 169.123 or an impaired driving 
  9.28  conviction as defined in section 169.121, subdivision 3, that 
  9.29  results in the revocation of a person's driver's license or 
  9.30  driving privileges, and also includes an alcohol-related license 
  9.31  revocation from another state; 
  9.32     (2) a violation of section 169.129; and 
  9.33     (3) a violation of section 171.24 by a person whose 
  9.34  driver's license or driving privileges have been canceled under 
  9.35  section 171.04, subdivision 1, clause (8). includes: 
  9.36     (1) a violation of section 169.121, subdivision 1, clause 
 10.1   (a), (b), (c), (d), (e), (g), or (h), or a conforming ordinance 
 10.2   from this state or a conforming statute or ordinance from 
 10.3   another state: 
 10.4      (i) within five years of two prior impaired driving 
 10.5   convictions, two prior license revocations, or a prior impaired 
 10.6   driving conviction and a prior license revocation, based on 
 10.7   separate incidents; or 
 10.8      (ii) within 15 years of three or more prior impaired 
 10.9   driving convictions, three or more prior license revocations, or 
 10.10  any combination of three or more prior impaired driving 
 10.11  convictions and prior license revocations, based on separate 
 10.12  incidents; 
 10.13     (2) a violation of section 169.121, subdivision 1, clause 
 10.14  (f), or section 169.121, subdivision 3, paragraph (c), clause 
 10.15  (4): 
 10.16     (i) within five years of a prior impaired driving 
 10.17  conviction or a prior license revocation; or 
 10.18     (ii) within 15 years of two or more prior impaired driving 
 10.19  convictions, two or more prior license revocations, or a prior 
 10.20  impaired driving conviction and a prior license revocation, 
 10.21  based on separate incidents; 
 10.22     (3) a violation of section 169.129; and 
 10.23     (4) a violation of section 171.24 by a person whose 
 10.24  driver's license or driving privileges have been canceled under 
 10.25  section 171.04, subdivision 1, clause (9). 
 10.26     (d) "Prior impaired driving conviction" has the meaning 
 10.27  given it in section 169.121, subdivision 3. 
 10.28     (e) "Prior license revocation" has the meaning given it in 
 10.29  section 169.121, subdivision 3. 
 10.30     Sec. 8.  Minnesota Statutes 1996, section 168.042, 
 10.31  subdivision 2, is amended to read: 
 10.32     Subd. 2.  [VIOLATION; ISSUANCE OF IMPOUNDMENT ORDER.] The 
 10.33  commissioner shall issue a registration plate impoundment order 
 10.34  when: 
 10.35     (1) a person's driver's license or driving privileges are 
 10.36  revoked for a third violation. , as defined in subdivision 1, 
 11.1   paragraph (c), clause (1), within five years or a fourth or 
 11.2   subsequent violation, as defined in subdivision 1, paragraph 
 11.3   (c), clause (1), within 15 years; 
 11.4      (2) a person's driver's license or driving privileges are 
 11.5   revoked for a violation of section 169.121, subdivision 3, 
 11.6   paragraph (c), clause (4), within five years of one previous 
 11.7   violation or within 15 years of two or more previous violations, 
 11.8   as defined in subdivision 1, paragraph (c), clause (1); or 
 11.9      (3) a person is arrested for or charged with a violation 
 11.10  described in subdivision 1, paragraph (c), clause (2) or (3).  
 11.11     The order shall require the impoundment of the registration 
 11.12  plates of the self-propelled motor vehicle involved in the 
 11.13  violation and all self-propelled motor vehicles owned by, 
 11.14  registered, or leased in the name of the violator, including 
 11.15  self-propelled motor vehicles registered jointly or leased in 
 11.16  the name of the violator and another.  An impoundment order 
 11.17  shall not be issued for the registration plates of a rental 
 11.18  vehicle as defined in section 168.041, subdivision 10, or a 
 11.19  vehicle registered in another state. 
 11.20     Sec. 9.  Minnesota Statutes 1996, section 168.042, 
 11.21  subdivision 4, is amended to read: 
 11.22     Subd. 4.  [PEACE OFFICER AS AGENT FOR NOTICE OF 
 11.23  IMPOUNDMENT.] On behalf of the commissioner, a peace officer 
 11.24  issuing a notice of intent to revoke and of revocation under 
 11.25  section 169.123 for a violation shall also serve a notice of 
 11.26  intent to impound and an order of impoundment if the violation 
 11.27  is the third violation, as defined in subdivision 1, paragraph 
 11.28  (c), clause (1), within five years or the fourth or subsequent 
 11.29  violation, as defined in subdivision 1, paragraph (c), clause 
 11.30  (1), within 15 years.  On behalf of the commissioner, a peace 
 11.31  officer who is arresting a person for or charging a person with 
 11.32  a violation described in subdivision 1, paragraph (c), clause 
 11.33  (2) or (3), shall also serve a notice of intent to impound and 
 11.34  an order of impoundment.  If the vehicle involved in the 
 11.35  violation is accessible to the officer at the time the 
 11.36  impoundment order is issued, the officer shall seize the 
 12.1   registration plates subject to the impoundment order.  The 
 12.2   officer shall destroy all plates seized or impounded under this 
 12.3   section.  The officer shall send to the commissioner copies of 
 12.4   the notice of intent to impound and the order of impoundment and 
 12.5   a notice that registration plates impounded and seized under 
 12.6   this section have been destroyed. 
 12.7      Sec. 10.  Minnesota Statutes 1996, section 168.042, 
 12.8   subdivision 9, is amended to read: 
 12.9      Subd. 9.  [ADMINISTRATIVE REVIEW.] At any time during the 
 12.10  effective period of an impoundment order, a person may request 
 12.11  in writing a review of the impoundment order by the 
 12.12  commissioner.  On receiving a request, the commissioner or the 
 12.13  commissioner's designee shall review the order, the evidence 
 12.14  upon which the order was based, and any other material 
 12.15  information brought to the attention of the commissioner, and 
 12.16  determine whether sufficient cause exists to sustain the order.  
 12.17  The commissioner shall report in writing the results of the 
 12.18  review within 15 days of receiving the request.  The review 
 12.19  provided in this subdivision is not subject to the contested 
 12.20  case provisions of the administrative procedure act in sections 
 12.21  14.01 to 14.69.  As a result of this review, the commissioner 
 12.22  may authorize the issuance at no cost of new registration plates 
 12.23  to the registered owner of the vehicle if the registered owner's 
 12.24  license or driving privileges were not revoked under section 
 12.25  169.123 or as a result of an impaired driving conviction as 
 12.26  defined in section 169.121, subdivision 3 the violation. 
 12.27     Review under this subdivision shall take place, if 
 12.28  possible, at the same time as any administrative review of the 
 12.29  person's license revocation under section 169.123, subdivision 
 12.30  5b. 
 12.31     Sec. 11.  Minnesota Statutes 1996, section 168.042, 
 12.32  subdivision 11, is amended to read: 
 12.33     Subd. 11.  [RESCISSION OF REVOCATION; DISMISSAL OF CHARGES 
 12.34  OR ACQUITTAL; ISSUANCE OF NEW PLATES.] If: 
 12.35     (1) the driver's license revocation that is the basis for 
 12.36  an impoundment order is rescinded,; 
 13.1      (2) the charges for the violation have been dismissed with 
 13.2   prejudice; or 
 13.3      (3) the violator has been acquitted of the violation; 
 13.4   then the registrar of motor vehicles shall issue new 
 13.5   registration plates for the vehicle at no cost, when the 
 13.6   registrar receives an application that includes a copy of the 
 13.7   order rescinding the driver's license revocation, the order 
 13.8   dismissing the charges, or the judgment of acquittal.  If the 
 13.9   impoundment order was based on a violation described in 
 13.10  subdivision 1, paragraph (c), clause (2) or (3), and the charges 
 13.11  have been dismissed with prejudice or the violator has been 
 13.12  acquitted of the violation, the registrar of motor vehicles 
 13.13  shall issue new registration plates for the vehicle at no cost, 
 13.14  when the registrar receives an application that includes a copy 
 13.15  of the order dismissing the charges or a copy of the judgment of 
 13.16  acquittal. 
 13.17     Sec. 12.  Minnesota Statutes 1996, section 169.121, 
 13.18  subdivision 1, is amended to read: 
 13.19     Subdivision 1.  [CRIME; ACTS PROHIBITED.] It is a crime for 
 13.20  any person to drive, operate, or be in physical control of any 
 13.21  motor vehicle within this state or upon the ice of any boundary 
 13.22  water of this state under any of the following circumstances: 
 13.23     (a) when the person is under the influence of alcohol; 
 13.24     (b) when the person is under the influence of a controlled 
 13.25  substance; 
 13.26     (c) when the person is under the influence of a combination 
 13.27  of any two or more of the elements named in clauses (a), (b), 
 13.28  and (f) (g); 
 13.29     (d) when the person's alcohol concentration is 0.10 or more 
 13.30  but less than 0.20; 
 13.31     (e) when the person's alcohol concentration as measured 
 13.32  within two hours of the time of driving, operating, or being in 
 13.33  physical control of the motor vehicle is 0.10 or more but less 
 13.34  than 0.20; 
 13.35     (f) when the person's alcohol concentration at the time, or 
 13.36  as measured within two hours of the time, of driving, operating 
 14.1   or being in physical control of the motor vehicle is 0.20 or 
 14.2   more; 
 14.3      (g) when the person is knowingly under the influence of a 
 14.4   hazardous substance that affects the nervous system, brain, or 
 14.5   muscles of the person so as to substantially impair the person's 
 14.6   ability to drive or operate the motor vehicle; or 
 14.7      (g) (h) when the person's body contains any amount of a 
 14.8   controlled substance listed in schedule I or II other than 
 14.9   marijuana or tetrahydrocannabinols. 
 14.10     Sec. 13.  Minnesota Statutes 1996, section 169.121, 
 14.11  subdivision 1c, is amended to read: 
 14.12     Subd. 1c.  [CONDITIONAL RELEASE.] (a) Unless maximum bail 
 14.13  is imposed under section 629.471, subdivision 2, a person 
 14.14  charged with violating subdivision 1 within ten years of the 
 14.15  first of three prior impaired driving convictions or within the 
 14.16  person's lifetime after four or more prior impaired driving 
 14.17  convictions may be released from detention only if the following 
 14.18  conditions are imposed in addition to the other conditions of 
 14.19  release ordered by the court: 
 14.20     (1) the impoundment of the registration plates of the 
 14.21  vehicle used to commit the violation, unless already impounded; 
 14.22     (2) a requirement that the alleged violator report weekly 
 14.23  to a probation agent; 
 14.24     (3) a requirement that the alleged violator abstain from 
 14.25  consumption of alcohol and controlled substances and submit to 
 14.26  random, weekly alcohol tests or urine analyses; and 
 14.27     (4) a requirement that, if convicted, the alleged violator 
 14.28  reimburse the court or county for the total cost of these 
 14.29  services. 
 14.30     (b) Unless maximum bail is imposed under section 629.471, 
 14.31  subdivision 2, a person charged with violating subdivision 1, 
 14.32  clause (f), may be released from detention only if the person 
 14.33  agrees to abstain from alcohol and participate in a program of 
 14.34  electronic alcohol monitoring involving measurements of the 
 14.35  person's alcohol concentration at least twice each day according 
 14.36  to a protocol determined by the court.  This requirement must be 
 15.1   imposed in addition to the conditions imposed under paragraph 
 15.2   (a) and regardless of whether the person has a record of prior 
 15.3   impaired driving convictions or prior license revocations.  If 
 15.4   the defendant is convicted of the charged offense, the court may 
 15.5   require partial or total reimbursement from the person for the 
 15.6   cost of the electronic alcohol monitoring. 
 15.7      Sec. 14.  Minnesota Statutes 1996, section 169.121, 
 15.8   subdivision 2, is amended to read: 
 15.9      Subd. 2.  [EVIDENCE.] (a) Upon the trial of any prosecution 
 15.10  arising out of acts alleged to have been committed by any person 
 15.11  arrested for driving, operating, or being in physical control of 
 15.12  a motor vehicle in violation of subdivision 1, the court may 
 15.13  admit evidence of the presence or amount of alcohol, controlled 
 15.14  substances, or hazardous substances in the person's blood, 
 15.15  breath, or urine as shown by an analysis of those items. 
 15.16     (b) For the purposes of this subdivision, evidence that 
 15.17  there was at the time an alcohol concentration of 0.04 or more 
 15.18  is relevant evidence in indicating whether or not the person was 
 15.19  under the influence of alcohol. 
 15.20     (c) Evidence of the refusal to take a test is admissible 
 15.21  into evidence in a prosecution under this section or an 
 15.22  ordinance in conformity with it.  
 15.23     (d) If proven by a preponderance of the evidence, it shall 
 15.24  be an affirmative defense to a violation of subdivision 1, 
 15.25  clause (e), that the defendant consumed a sufficient quantity of 
 15.26  alcohol after the time of actual driving, operating, or physical 
 15.27  control of a motor vehicle and before the administration of the 
 15.28  evidentiary test to cause the defendant's alcohol concentration 
 15.29  to exceed 0.10.  Evidence that the defendant consumed alcohol 
 15.30  after the time of actual driving, operating, or being in 
 15.31  physical control of a motor vehicle may not be admitted in 
 15.32  defense to any alleged violation of this section unless notice 
 15.33  is given to the prosecution prior to the omnibus or pretrial 
 15.34  hearing in the matter. 
 15.35     (e) If proven by a preponderance of the evidence, it shall 
 15.36  be an affirmative defense to a violation of subdivision 1, 
 16.1   clause (g) (h), that the defendant used the controlled substance 
 16.2   according to the terms of a prescription issued for the 
 16.3   defendant in accordance with sections 152.11 and 152.12.  
 16.4      (f) The preceding provisions do not limit the introduction 
 16.5   of any other competent evidence bearing upon the question of 
 16.6   whether the person violated this section, including tests 
 16.7   obtained more than two hours after the alleged violation and 
 16.8   results obtained from partial tests on an infrared 
 16.9   breath-testing instrument.  A result from a partial test is the 
 16.10  measurement obtained by analyzing one adequate breath sample, as 
 16.11  defined in section 169.123, subdivision 2b, paragraph (b). 
 16.12     Sec. 15.  Minnesota Statutes 1996, section 169.121, 
 16.13  subdivision 3, is amended to read: 
 16.14     Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this 
 16.15  subdivision section:  
 16.16     (1) "Prior impaired driving conviction" means a prior 
 16.17  conviction under: 
 16.18     (i) this section; or section 84.91, subdivision 1, 
 16.19  paragraph (a); 86B.331, subdivision 1, paragraph (a); 
 16.20  169.129; or 360.0752; 
 16.21     (ii) section 609.21, subdivision 1, clauses (2) to (6); 
 16.22  609.21, subdivision 2, clauses (2) to (6); 609.21, subdivision 
 16.23  2a, clauses (2) to (6); 609.21, subdivision 2b, clauses (2) to 
 16.24  (6); 609.21, subdivision 3, clauses (2) to (6); 609.21, or 
 16.25  subdivision 4, clauses (2) to (6); or 
 16.26     (iii) an ordinance from this state, or a statute or 
 16.27  ordinance from another state, in conformity with any of 
 16.28  them provision listed in item (i) or (ii). 
 16.29  A prior impaired driving conviction also includes a prior 
 16.30  juvenile adjudication that would have been a prior impaired 
 16.31  driving conviction if committed by an adult; and. 
 16.32     (2) "Prior license revocation" means a driver's license 
 16.33  suspension, revocation, or cancellation under: 
 16.34     (i) this section; or section 169.123;, 171.04;, 
 16.35  171.14;, 171.16;, 171.17;, or 171.18 because of an 
 16.36  alcohol-related incident; 
 17.1      (ii) section 609.21, subdivision 1, clauses (2) to 
 17.2   (6); 609.21, subdivision 2, clauses (2) to (6); 609.21, 
 17.3   subdivision 2a, clauses (2) to (6); 609.21, subdivision 2b, 
 17.4   clauses (2) to (6); 609.21, subdivision 3, clauses (2) to (6); 
 17.5   or 609.21, subdivision 4, clauses (2) to (6); or 
 17.6      (iii) an ordinance from this state, or a statute or 
 17.7   ordinance from another state, in conformity with any of them 
 17.8   provision listed in item (i) or (ii). 
 17.9      (b) A person who violates subdivision 1, clause (a), (b), 
 17.10  (c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance 
 17.11  in conformity with either any of them, is guilty of a 
 17.12  misdemeanor. 
 17.13     (c) A person is guilty of a gross misdemeanor under any of 
 17.14  the following circumstances: 
 17.15     (1) the person violates subdivision 1, clause (f); 
 17.16     (2) the person violates subdivision 1, clause (a), (b), 
 17.17  (c), (d), (e), (g), or (h), or subdivision 1a: 
 17.18     (i) within five years of a prior impaired driving 
 17.19  conviction, or within ten years of the first of two or more 
 17.20  prior impaired driving convictions; 
 17.21     (2) the person violates subdivision 1a within five years of 
 17.22  a prior license revocation,; or 
 17.23     (ii) within ten years of the first of two or more 
 17.24  prior impaired driving convictions, two or more prior license 
 17.25  revocations, or a prior impaired driving conviction and a prior 
 17.26  license revocation, based on separate incidents; 
 17.27     (3) the person violates section 169.26 while in violation 
 17.28  of subdivision 1; or 
 17.29     (4) the person violates subdivision 1 or 1a while a child 
 17.30  under the age of 16 is in the vehicle, if the child is more than 
 17.31  36 months younger than the violator. 
 17.32     (d) The attorney in the jurisdiction in which the violation 
 17.33  occurred who is responsible for prosecution of misdemeanor 
 17.34  violations of this section shall also be responsible for 
 17.35  prosecution of gross misdemeanor violations of this section. 
 17.36     (e) The court must impose consecutive sentences when it 
 18.1   sentences a person for a violation of this section or section 
 18.2   169.129 arising out of separate behavioral incidents.  The court 
 18.3   also must impose a consecutive sentence when it sentences a 
 18.4   person for a violation of this section or section 169.129 and 
 18.5   the person, at the time of sentencing, is on probation for, or 
 18.6   serving, an executed sentence for a violation of this section or 
 18.7   section 169.129 and the prior sentence involved a separate 
 18.8   behavioral incident.  The court also may order that the sentence 
 18.9   imposed for a violation of this section or section 169.129 shall 
 18.10  run consecutively to a previously imposed misdemeanor, gross 
 18.11  misdemeanor or felony sentence for a violation other than this 
 18.12  section or section 169.129. 
 18.13     (f) The court may impose consecutive sentences for offenses 
 18.14  arising out of a single course of conduct as permitted in 
 18.15  section 609.035, subdivision 2.  
 18.16     (g) When an attorney responsible for prosecuting gross 
 18.17  misdemeanors under this section requests criminal history 
 18.18  information relating to prior impaired driving convictions from 
 18.19  a court, the court must furnish the information without charge. 
 18.20     (h) A violation of subdivision 1a may be prosecuted either 
 18.21  in the jurisdiction where the arresting officer observed the 
 18.22  defendant driving, operating, or in control of the motor vehicle 
 18.23  or in the jurisdiction where the refusal occurred. 
 18.24     Sec. 16.  Minnesota Statutes 1996, section 169.121, 
 18.25  subdivision 3a, is amended to read: 
 18.26     Subd. 3a.  [HABITUAL OFFENDER PENALTIES.] (a) Except as 
 18.27  otherwise provided in paragraph (b) (c), a person must be 
 18.28  sentenced to a minimum of 30 days incarceration, at least 48 
 18.29  hours of which must be served consecutively, or to eight hours 
 18.30  of community work service for each day less than 30 days that 
 18.31  the person is ordered to serve in jail, if a the person has been 
 18.32  convicted under this section, of: 
 18.33     (1) a violation of subdivision 1, clause (a), (b), (c), 
 18.34  (d), (e), (g), or (h), section 169.129, or an ordinance in 
 18.35  conformity with either any of them, or a statute or ordinance 
 18.36  from another state in conformity with either of them, and if the 
 19.1   person is then convicted of a gross misdemeanor violation of 
 19.2   this section, a violation of section 169.129, or an ordinance in 
 19.3   conformity with either of them (1)once: 
 19.4      (i) within five years after the first a prior impaired 
 19.5   driving conviction or (2) two or more times a prior license 
 19.6   revocation; or 
 19.7      (ii) within ten years after the first conviction, the 
 19.8   person must be sentenced to a minimum of 30 days imprisonment, 
 19.9   at least 48 hours of which must be served consecutively, or to 
 19.10  eight hours of community work service for each day less than 30 
 19.11  days that the person is ordered to serve in jail.  Provided, 
 19.12  that two or more prior impaired driving convictions, two or more 
 19.13  prior license revocations, or a prior impaired driving 
 19.14  conviction and a prior license revocation, based on separate 
 19.15  incidents; or 
 19.16     (2) a violation of subdivision 1, clause (f), anytime after 
 19.17  a prior impaired driving conviction or a prior license 
 19.18  revocation.  
 19.19  This sentence must be executed, unless the court departs from 
 19.20  the mandatory minimum sentence under paragraph (e), (f), or (g). 
 19.21     (b) However, a person must be sentenced to a minimum of 30 
 19.22  days incarceration, at least 48 hours of which must be served 
 19.23  consecutively, and the sentence may not be waived under 
 19.24  paragraph (e), (f), or (g) if a the person is has been 
 19.25  convicted of violating this section,: 
 19.26     (1) a violation of subdivision 1, clause (a), (b), (c), 
 19.27  (d), (e), (g), or (h), section 169.129, or an ordinance in 
 19.28  conformity with either any of them two or more times within five 
 19.29  years after the first conviction, or within five years after the 
 19.30  first of two or more prior impaired driving convictions, two or 
 19.31  more prior license revocations, as defined in subdivision 3, 
 19.32  paragraph (a), clause (2), the person must be sentenced to a 
 19.33  minimum of 30 days imprisonment, at least 48 hours of which must 
 19.34  be served consecutively, and the sentence may not be waived 
 19.35  under paragraph (c) or (d).  Notwithstanding section 609.135, 
 19.36  the above sentence must be executed, unless the court departs 
 20.1   from the mandatory minimum sentence under paragraph (c) or 
 20.2   (d) or a prior impaired driving conviction and a prior license 
 20.3   revocation, based on separate incidents; or 
 20.4      (2) a violation of subdivision 1, clause (f), or an 
 20.5   ordinance in conformity with it, anytime after a prior impaired 
 20.6   driving conviction or a prior license revocation. 
 20.7      (b) (c) A person must be sentenced to a minimum of one year 
 20.8   of incarceration, at least 48 hours of which must be served 
 20.9   consecutively, or of intensive probation using an electronic 
 20.10  alcohol monitoring system, or a combination thereof, if the 
 20.11  person is convicted of violating this section, section 169.129, 
 20.12  or an ordinance in conformity with either of them:  
 20.13     (1) within ten years of the first of five, or within 15 
 20.14  years of the first of seven, or six prior impaired driving 
 20.15  convictions, five or six prior license revocations, as defined 
 20.16  in subdivision 3, paragraph (a), clause (2), or any combination 
 20.17  of five or six prior impaired driving convictions and prior 
 20.18  license revocations, based on separate incidents; or 
 20.19     (2) within ten years of the first of five, or within 15 
 20.20  years of the first of seven, or more prior impaired driving 
 20.21  convictions under this section, section 169.129, or an ordinance 
 20.22  in conformity with either of them, seven or more prior license 
 20.23  revocations, or any combination of seven or more prior impaired 
 20.24  driving convictions and prior license revocations, based on 
 20.25  separate incidents. 
 20.26     (c) (d) A person must be sentenced to a minimum of one year 
 20.27  of intensive probation using electronic alcohol monitoring if 
 20.28  the person is convicted of violating subdivision 1, clause (f), 
 20.29  anytime after a prior impaired driving conviction or a prior 
 20.30  license revocation. 
 20.31     (e) Prior to sentencing the prosecutor may file a motion to 
 20.32  have the defendant sentenced without regard to the mandatory 
 20.33  minimum sentence established by this subdivision.  The motion 
 20.34  must be accompanied by a statement on the record of the reasons 
 20.35  for it.  When presented with the prosecutor's motion and if it 
 20.36  finds that substantial mitigating factors exist, the court shall 
 21.1   sentence the defendant without regard to the mandatory minimum 
 21.2   sentence established by this subdivision. 
 21.3      (d) (f) The court may, on its own motion, sentence the 
 21.4   defendant without regard to the mandatory minimum sentence 
 21.5   established by this subdivision if it finds that substantial 
 21.6   mitigating factors exist and if its sentencing departure is 
 21.7   accompanied by a statement on the record of the reasons for it. 
 21.8      (e) (g) The court may sentence the defendant without regard 
 21.9   to the mandatory minimum sentence established by this 
 21.10  subdivision if the defendant is sentenced to probation and 
 21.11  ordered to participate in a program established under section 
 21.12  169.1265. 
 21.13     (f) (h) When any portion of the sentence required by this 
 21.14  subdivision is not executed, the court should impose a sentence 
 21.15  that is proportional to the extent of the offender's prior 
 21.16  criminal and moving traffic violation record.  Any sentence 
 21.17  required under this subdivision must include a mandatory 
 21.18  sentence that is not subject to suspension or a stay of 
 21.19  imposition or execution, and that includes incarceration for not 
 21.20  less than 48 consecutive hours or at least 80 hours of community 
 21.21  work service. 
 21.22     Sec. 17.  Minnesota Statutes 1996, section 169.121, 
 21.23  subdivision 3b, is amended to read: 
 21.24     Subd. 3b.  [HABITUAL OFFENDERS; CHEMICAL USE ASSESSMENT.] 
 21.25  The court must order a person to submit to the level of care 
 21.26  recommended in the chemical use assessment if a the person has 
 21.27  been convicted under of violating: 
 21.28     (1) subdivision 1, subdivision 1a, clause (f); or 
 21.29     (2) subdivision 1, clause (a), (b), (c), (d), (e), (g), or 
 21.30  (h), subdivision 1a, section 169.129, an ordinance in conformity 
 21.31  with any of them, or a statute or ordinance from another state 
 21.32  in conformity with any of them, and if the person is then 
 21.33  convicted of violating subdivision 1, subdivision 1a, section 
 21.34  169.129, or an ordinance in conformity with any of them (1) once:
 21.35     (i) within five years of the first a prior impaired driving 
 21.36  conviction or (2) two or more times a prior license revocation; 
 22.1   or 
 22.2      (ii) within ten years after the first conviction, the court 
 22.3   must order the person to submit to the level of care recommended 
 22.4   in the chemical use assessment required under section 169.126 of 
 22.5   two or more prior impaired driving convictions, two or more 
 22.6   prior license revocations, or a prior impaired driving 
 22.7   conviction and a prior license revocation, based on separate 
 22.8   incidents.  
 22.9      Sec. 18.  Minnesota Statutes 1996, section 169.121, 
 22.10  subdivision 4, is amended to read: 
 22.11     Subd. 4.  [ADMINISTRATIVE PENALTIES.] (a) The commissioner 
 22.12  of public safety shall revoke the driver's license of a person 
 22.13  convicted of violating this section or an ordinance in 
 22.14  conformity with it as follows:  
 22.15     (1) for an offense under subdivision 1:, not less than 30 
 22.16  days; 
 22.17     (2) for an offense under subdivision 1a:, not less than 90 
 22.18  days; 
 22.19     (3) for an offense occurring within five years after a 
 22.20  prior impaired driving conviction or a prior license revocation, 
 22.21  or anytime after two or more prior impaired driving convictions, 
 22.22  two or more prior license revocations, or a prior impaired 
 22.23  driving conviction and a prior license revocation, based on 
 22.24  separate incidents:  
 22.25     (i) if the current conviction is for a violation of 
 22.26  subdivision 1, not less than 180 days and until the court has 
 22.27  certified that treatment or rehabilitation has been successfully 
 22.28  completed where prescribed in accordance with section 169.126; 
 22.29  or 
 22.30     (ii) if the current conviction is for a violation of 
 22.31  subdivision 1a, not less than one year and until the court has 
 22.32  certified that treatment or rehabilitation has been successfully 
 22.33  completed where prescribed in accordance with section 169.126; 
 22.34     (4) for an offense occurring a violation of subdivision 1, 
 22.35  clause (f), anytime after a prior impaired driving conviction or 
 22.36  a prior license revocation, not less than one year, together 
 23.1   with denial under section 171.04, subdivision 1, clause (9), 
 23.2   until rehabilitation is established in accordance with standards 
 23.3   established by the commissioner; 
 23.4      (5) for a violation of subdivision 1, clause (a), (b), (c), 
 23.5   (d), (e), (g), or (h), or subdivision 1a, within five years 
 23.6   after the first of two prior impaired driving convictions or, 
 23.7   two prior license revocations:, or a prior impaired driving 
 23.8   conviction and a prior license revocation, based on separate 
 23.9   incidents, not less than one year, together with denial under 
 23.10  section 171.04, subdivision 1, clause (8) (9), until 
 23.11  rehabilitation is established in accordance with standards 
 23.12  established by the commissioner; 
 23.13     (5) (6) for an offense occurring a violation of subdivision 
 23.14  1, clause (f), anytime after two or more prior impaired driving 
 23.15  convictions, two or more prior license revocations, or a prior 
 23.16  impaired driving conviction and a prior license revocation, 
 23.17  based on separate incidents, not less than two years, together 
 23.18  with denial under section 171.04, subdivision 1, clause (9), 
 23.19  until rehabilitation is established in accordance with standards 
 23.20  established by the commissioner; or 
 23.21     (7) for a violation of subdivision 1, clause (a), (b), (c), 
 23.22  (d), (e), (g), or (h), or subdivision 1a, anytime after three or 
 23.23  more prior impaired driving convictions, three or more prior 
 23.24  license revocations:, or any combination of three or more prior 
 23.25  impaired driving convictions and prior license revocations, 
 23.26  based on separate incidents, not less than two years, together 
 23.27  with denial under section 171.04, subdivision 1, clause (8) (9), 
 23.28  until rehabilitation is established in accordance with standards 
 23.29  established by the commissioner.  
 23.30     (b) If the person convicted of violating this section is 
 23.31  under the age of 21 years, the commissioner of public safety 
 23.32  shall revoke the offender's driver's license or operating 
 23.33  privileges for a period of six months or for the appropriate 
 23.34  period of time under paragraph (a), clauses (1) to (5) (7), for 
 23.35  the offense committed, whichever is the greatest period.  
 23.36     (c) For purposes of this subdivision, a juvenile 
 24.1   adjudication under this section, section 169.129, an ordinance 
 24.2   in conformity with either of them, or a statute or ordinance 
 24.3   from another state in conformity with either of them is an 
 24.4   offense.  
 24.5      (d) Whenever department records show that the violation 
 24.6   involved personal injury or death to any person, not less than 
 24.7   90 additional days shall be added to the base periods provided 
 24.8   above.  
 24.9      (e) Except for a person whose license has been revoked 
 24.10  under paragraph (b), and except for a person who commits a 
 24.11  violation described in subdivision 1, clause (f), or subdivision 
 24.12  3, paragraph (c), clause (4), (child endangerment), any person 
 24.13  whose license has been revoked pursuant to section 169.123 as 
 24.14  the result of the same incident, and who does not have a prior 
 24.15  impaired driving conviction or prior license revocation within 
 24.16  the previous ten years, is subject to the mandatory revocation 
 24.17  provisions of paragraph (a), clause (1) or (2), in lieu of the 
 24.18  mandatory revocation provisions of section 169.123. 
 24.19     (f) As used in this subdivision, the terms "prior impaired 
 24.20  driving conviction" and "prior license revocation" have the 
 24.21  meanings given in subdivision 3, paragraph (a). 
 24.22     Sec. 19.  Minnesota Statutes 1996, section 169.1211, 
 24.23  subdivision 1, is amended to read: 
 24.24     Subdivision 1.  [CRIME.] It is a misdemeanor crime for any 
 24.25  person to drive, operate, or be in physical control of any 
 24.26  commercial motor vehicle within this state or upon the ice of 
 24.27  any boundary water of this state: 
 24.28     (1) when the person's alcohol concentration is 0.04 or more 
 24.29  but less than 0.20; or 
 24.30     (2) when the person's alcohol concentration as measured 
 24.31  within two hours of the time of driving, operating, or being in 
 24.32  physical control of the commercial motor vehicle is 0.04 or more 
 24.33  but less than 0.20; or 
 24.34     (3) when the person's alcohol concentration at the time, or 
 24.35  as measured within two hours of the time, of driving, operating, 
 24.36  or being in physical control of the commercial motor vehicle is 
 25.1   0.20 or more.  
 25.2      Sec. 20.  Minnesota Statutes 1996, section 169.1211, is 
 25.3   amended by adding a subdivision to read: 
 25.4      Subd. 3a.  [CRIMINAL PENALTY.] (a) Except as otherwise 
 25.5   provided in paragraph (b), a person who violates subdivision 1, 
 25.6   or an ordinance in conformity with it, is guilty of a 
 25.7   misdemeanor. 
 25.8      (b) A person who violates subdivision 1, clause (3), is 
 25.9   guilty of a gross misdemeanor. 
 25.10     Sec. 21.  Minnesota Statutes 1996, section 169.1217, 
 25.11  subdivision 1, is amended to read: 
 25.12     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
 25.13  following terms have the meanings given them: 
 25.14     (a) "Appropriate agency" means a law enforcement agency 
 25.15  that has the authority to make an arrest for a violation of a 
 25.16  designated offense. 
 25.17     (b) "Designated offense" includes: 
 25.18     (1) a violation of section 169.121, subdivision 1, clause 
 25.19  (a), (b), (c), (d), (e), (g), or (h), an ordinance in conformity 
 25.20  with it any of them, or section 169.129: 
 25.21     (1) (i) within five years of three prior impaired driving 
 25.22  convictions or, three prior license revocations, or any 
 25.23  combination of three prior impaired driving convictions and 
 25.24  prior license revocations, based on separate incidents; or 
 25.25     (2) (ii) within 15 years of the first of four or more prior 
 25.26  impaired driving convictions or the first of, four or more prior 
 25.27  license revocations, or any combination of four or more impaired 
 25.28  driving convictions and prior license revocations, based on 
 25.29  separate incidents; 
 25.30     (2) a violation of section 169.121, subdivision 1, clause 
 25.31  (f), or a violation of section 169.121, subdivision 3, paragraph 
 25.32  (c), clause (4); 
 25.33     (i) within five years of two prior impaired driving 
 25.34  convictions, two prior license revocations, or a prior impaired 
 25.35  driving conviction and a prior license revocation, based on 
 25.36  separate incidents; or 
 26.1      (ii) within 15 years of three or more prior impaired 
 26.2   driving convictions, three or more prior license revocations, or 
 26.3   any combination of three or more prior impaired driving 
 26.4   convictions and prior license revocations, based on separate 
 26.5   incidents; or 
 26.6      (3) a violation of section 169.121, subdivision 1, or an 
 26.7   ordinance in conformity with it: 
 26.8      (i) by a person whose driver's license or driving 
 26.9   privileges have been canceled under section 171.04, subdivision 
 26.10  1, clause (8) (9); or 
 26.11     (4) (ii) by a person who is subject to a restriction on the 
 26.12  person's driver's license under section 171.09 which provides 
 26.13  that the person may not use or consume any amount of alcohol or 
 26.14  a controlled substance. 
 26.15     "Designated offense" also includes a violation of section 
 26.16  169.121, subdivision 3, paragraph (c), clause (4): 
 26.17     (1) within five years of two prior impaired driving 
 26.18  convictions or two prior license revocations based on separate 
 26.19  incidents; or 
 26.20     (2) within 15 years of the first of three or more prior 
 26.21  impaired driving convictions or the first of three or more prior 
 26.22  license revocations based on separate incidents. 
 26.23     (c) "Motor vehicle" and "vehicle" have the meaning given 
 26.24  "motor vehicle" in section 169.121, subdivision 11.  The terms 
 26.25  do not include a vehicle which is stolen or taken in violation 
 26.26  of the law. 
 26.27     (d) "Owner" means the registered owner of the motor vehicle 
 26.28  according to records of the department of public safety and 
 26.29  includes a lessee of a motor vehicle if the lease agreement has 
 26.30  a term of 180 days or more. 
 26.31     (e) "Prior impaired driving conviction" has the meaning 
 26.32  given it in section 169.121, subdivision 3.  A prior impaired 
 26.33  driving conviction also includes a prior juvenile adjudication 
 26.34  that would have been a prior impaired driving conviction if 
 26.35  committed by an adult. 
 26.36     (f) "Prior license revocation" has the meaning given it in 
 27.1   section 169.121, subdivision 3. 
 27.2      (g) "Prosecuting authority" means the attorney in the 
 27.3   jurisdiction in which the designated offense occurred who is 
 27.4   responsible for prosecuting violations of a designated offense. 
 27.5      Sec. 22.  Minnesota Statutes 1996, section 169.126, 
 27.6   subdivision 1, is amended to read: 
 27.7      Subdivision 1.  [REQUIREMENT; FORM.] A chemical use 
 27.8   assessment shall be conducted and an assessment report submitted 
 27.9   to the court and to the department of public safety by the 
 27.10  county agency administering the alcohol safety program when: 
 27.11     (a) The defendant is convicted of an offense described in 
 27.12  section 84.91, 86B.331, 169.121 or, 169.1211, 169.129, or 
 27.13  360.0752; or 
 27.14     (b) The defendant is arrested for committing an offense 
 27.15  described in section 169.121 or 169.129 but is convicted of 
 27.16  another offense arising out of the circumstances surrounding the 
 27.17  arrest.  
 27.18     Sec. 23.  [EFFECTIVE DATE.] 
 27.19     Sections 1 to 22 are effective August 1, 1997, and apply to 
 27.20  violations occurring on or after that date.  However, violations 
 27.21  occurring before August 1, 1997, which are listed in Minnesota 
 27.22  Statutes, section 169.121, subdivision 1, paragraph (a), are 
 27.23  considered prior impaired driving convictions or prior license 
 27.24  revocations for purposes of criminal penalties and sentencing 
 27.25  and administrative licensing sanctions imposed for conviction of 
 27.26  a violation occurring on and after August 1, 1997.