HF 1591

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

  1.1                          A bill for an act 
  1.2             relating to crime prevention; authorizing use of 
  1.3             results of preliminary screening test in a prosecution 
  1.4             for violating a condition imposed on holder of a 
  1.5             limited driver's license; amending Minnesota Statutes 
  1.6             1996, section 169.121, subdivision 6. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 169.121, 
  1.9   subdivision 6, is amended to read: 
  1.10     Subd. 6.  [PRELIMINARY SCREENING TEST.] (a) When a peace 
  1.11  officer has reason to believe from the manner in which a person 
  1.12  is driving, operating, controlling, or acting upon departure 
  1.13  from a motor vehicle, or has driven, operated, or controlled a 
  1.14  motor vehicle, that the driver may be violating or has violated 
  1.15  subdivision 1 or section 169.1211, the officer may require the 
  1.16  driver to provide a sample of the driver's breath for a 
  1.17  preliminary screening test using a device approved by the 
  1.18  commissioner of public safety for this purpose. 
  1.19     (b) The results of this preliminary screening test shall be 
  1.20  used for the purpose of deciding whether an arrest should be 
  1.21  made and whether to require the tests authorized in section 
  1.22  169.123, but shall not be used in any court action except (1) to 
  1.23  prove that a test was properly required of a person pursuant to 
  1.24  section 169.123, subdivision 2; (2) in a civil action arising 
  1.25  out of the operation or use of the motor vehicle; (3) in an 
  1.26  action for license reinstatement under section 171.19; or (4) in 
  2.1   a prosecution or juvenile court proceeding concerning a 
  2.2   violation of section 340A.503, subdivision 1, paragraph (a), 
  2.3   clause (2); or (5) in a prosecution under section 171.30. 
  2.4      (c) Following the screening test additional tests may be 
  2.5   required of the driver pursuant to the provisions of section 
  2.6   169.123. 
  2.7      (d) The driver who refuses to furnish a sample of the 
  2.8   driver's breath is subject to the provisions of section 169.123 
  2.9   unless, in compliance with section 169.123, the driver submits 
  2.10  to a blood, breath or urine test to determine the presence or 
  2.11  amount of alcohol, controlled substances, or hazardous 
  2.12  substances. 
  2.13     Sec. 2.  [EFFECTIVE DATE.] 
  2.14     Section 1 is effective August 1, 1997, and applies to 
  2.15  violations committed on or after that date.