3rd Engrossment - 94th Legislature (2025 - 2026) Posted on 04/28/2025 11:13am
Engrossments | ||
---|---|---|
Introduction | Posted on 03/10/2025 | |
1st Engrossment | Posted on 03/24/2025 | |
2nd Engrossment | Posted on 04/03/2025 | |
3rd Engrossment | Posted on 04/28/2025 |
A bill for an act
relating to public safety; extending the length of driver's license revocations related
to certain offenses; modifying the length of time certain individuals must participate
in the ignition interlock program; requiring all ignition interlock participants to
complete a treatment or rehabilitation program before reinstatement of full driving
privileges; imposing criminal penalties for ignition interlock program participants
who operate vehicles not equipped with an interlock device; making criminal
vehicular homicide offenders eligible for the ignition interlock program; providing
for judicial review of an extension of a person's driver's license revocation for a
violation of the ignition interlock program; modifying how license plates are
impounded and reissued under the DWI law; expanding the time period that a
temporary driver's license issued after a DWI is valid; providing criminal penalties;
appropriating money; amending Minnesota Statutes 2024, sections 169A.37,
subdivision 1; 169A.52, subdivisions 3, 4, 7; 169A.54, subdivision 1; 169A.60,
subdivisions 4, 5, 6; 169A.63, subdivision 13; 171.177, subdivisions 4, 5; 171.187,
subdivision 3; 171.19; 171.306, subdivisions 1, 4, 5, 6; proposing coding for new
law in Minnesota Statutes, chapter 171; repealing Minnesota Statutes 2024, sections
169A.54, subdivisions 2, 3, 4; 169A.55, subdivisions 4, 5; 171.17, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2024, section 169A.37, subdivision 1, is amended to read:
It is a crime for a person:
(1) to fail to comply with an impoundment order under section 169A.60 (administrative
plate impoundment);
(2) to file a false statement under section 169A.60, subdivision 7, 8, or 14;
(3) to operate a self-propelled motor vehicle on a street or highway when the vehicle is
subject to an impoundment order issued under section 169A.60, unless specially coded
plates have been issued for the vehicle pursuant to section 169A.60, subdivision 13;
(4) to fail to notify the commissioner of the impoundment order when requesting new
plates;
(5) who is subject to a plate impoundment order under section 169A.60, to drive, operate,
or be in control of any motor vehicle during the impoundment period, unless the vehicle is
employer-owned and is not required to be equipped with an ignition interlock device pursuant
to section 171.306, subdivision 4, paragraph (b), or Laws 2013, chapter 127, section 70, or
has specially coded plates issued pursuant to section 169A.60, subdivision 13, and the person
is validly licensed to drive; deleted text begin or
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(6) who is the transferee of a motor vehicle and who has signed a sworn statement under
section 169A.60, subdivision 14, to allow the previously registered owner to drive, operate,
or be in control of the vehicle during the impoundment perioddeleted text begin .deleted text end new text begin ; or
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(7) to intentionally remove all or a portion of or to otherwise obliterate or damage a
permanent sticker affixed on and invalidating a registration plate under section 169A.60,
subdivision 4.
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This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
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Minnesota Statutes 2024, section 169A.52, subdivision 3, is amended to read:
(a) Upon certification by the peace officer
that there existed probable cause to believe the person had been driving, operating, or in
physical control of a motor vehicle in violation of section 169A.20 (driving while impaired),
and that the person refused to submit to a test, the commissioner shall revoke the person's
license or permit to drive, or nonresident operating privilege, even if a test was obtained
pursuant to this section after the person refused to submit to testing. The commissioner shall
revoke the license, permit, or nonresident operating privilegedeleted text begin :deleted text end new text begin as provided in section 171.178.
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(1) for a person with no qualified prior impaired driving incidents within the past ten
years, for a period of not less than one year;
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(2) for a person under the age of 21 years and with no qualified prior impaired driving
incidents within the past ten years, for a period of not less than one year;
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(3) for a person with one qualified prior impaired driving incident within the past ten
years, or two qualified prior impaired driving incidents, for a period of not less than two
years;
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(4) for a person with two qualified prior impaired driving incidents within the past ten
years, or three qualified prior impaired driving incidents, for a period of not less than three
years;
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(5) for a person with three qualified prior impaired driving incidents within the past ten
years, for a period of not less than four years; or
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(6) for a person with four or more qualified prior impaired driving incidents, for a period
of not less than six years.
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(b) Upon certification by the peace officer that there existed probable cause to believe
the person had been driving, operating, or in physical control of a commercial motor vehicle
with the presence of any alcohol in violation of section 169A.20 (driving while impaired),
and that the person refused to submit to a test, the commissioner shall disqualify the person
from operating a commercial motor vehicle and shall revoke the person's license or permit
to drive or nonresident operating privilege according to the federal regulations adopted by
reference in section 171.165, subdivision 2.
Minnesota Statutes 2024, section 169A.52, subdivision 4, is amended to read:
(a) Upon certification by the peace officer
that there existed probable cause to believe the person had been driving, operating, or in
physical control of a motor vehicle in violation of section 169A.20 (driving while impaired)
and that the person submitted to a test and the test results indicate an alcohol concentration
of 0.08 or more or the presence of a controlled substance listed in Schedule I or II or its
metabolite, other than marijuana or tetrahydrocannabinols, then the commissioner shall
revoke the person's license or permit to drive, or nonresident operating privilegedeleted text begin :deleted text end new text begin as provided
in section 171.178.
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(1) for a period of 90 days, or, if the test results indicate an alcohol concentration of
twice the legal limit or more, not less than one year;
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(2) if the person is under the age of 21 years, for a period of not less than 180 days or,
if the test results indicate an alcohol concentration of twice the legal limit or more, not less
than one year;
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(3) for a person with one qualified prior impaired driving incident within the past ten
years, or two qualified prior impaired driving incidents, for a period of not less than one
year, or if the test results indicate an alcohol concentration of twice the legal limit or more,
not less than two years;
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(4) for a person with two qualified prior impaired driving incidents within the past ten
years, or three qualified prior impaired driving incidents, for a period of not less than three
years;
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(5) for a person with three qualified prior impaired driving incidents within the past ten
years, for a period of not less than four years; or
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(6) for a person with four or more qualified prior impaired driving incidents, for a period
of not less than six years.
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(b) On certification by the peace officer that there existed probable cause to believe the
person had been driving, operating, or in physical control of a commercial motor vehicle
with any presence of alcohol and that the person submitted to a test and the test results
indicated an alcohol concentration of 0.04 or more, the commissioner shall disqualify the
person from operating a commercial motor vehicle under section 171.165 (commercial
driver's license disqualification).
(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau of
Criminal Apprehension, or authorized by the bureau to conduct the analysis of a blood or
urine sample, the laboratory may directly certify to the commissioner the test results, and
the peace officer shall certify to the commissioner that there existed probable cause to
believe the person had been driving, operating, or in physical control of a motor vehicle in
violation of section 169A.20 and that the person submitted to a test. Upon receipt of both
certifications, the commissioner shall undertake the license actions described in paragraphs
(a) and (b).
Minnesota Statutes 2024, section 169A.52, subdivision 7, is amended to read:
(a) On behalf of the commissioner, a peace
officer requiring a test or directing the administration of a chemical test shall serve immediate
notice of intention to revoke and of revocation on a person who refuses to permit a test or
on a person who submits to a test the results of which indicate an alcohol concentration of
0.08 or more.
(b) On behalf of the commissioner, a peace officer requiring a test or directing the
administration of a chemical test of a person driving, operating, or in physical control of a
commercial motor vehicle shall serve immediate notice of intention to disqualify and of
disqualification on a person who refuses to permit a test, or on a person who submits to a
test the results of which indicate an alcohol concentration of 0.04 or more.
(c) The officer shall:
(1) invalidate the person's driver's license or permit card;
(2) issue the person a temporary license effective for only deleted text begin sevendeleted text end new text begin 14new text end days; and
(3) send the notification of this action to the commissioner along with the certificate
required by subdivision 3 or 4.
Minnesota Statutes 2024, section 169A.54, subdivision 1, is amended to read:
Except as provided in
subdivision 7, the commissioner shall revoke the driver's license of a person convicted of
violating section 169A.20 (driving while impaired) or an ordinance in conformity with itdeleted text begin ,deleted text end
as deleted text begin follows:deleted text end new text begin provided in section 171.178.
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(1) not less than 30 days for an offense under section 169A.20, subdivision 1 (driving
while impaired crime);
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(2) not less than 90 days for an offense under section 169A.20, subdivision 2 (refusal
to submit to chemical test crime);
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(3) not less than one year for:
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(i) an offense occurring within ten years of a qualified prior impaired driving incident;
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(ii) an offense occurring after two qualified prior impaired driving incidents; or
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(iii) an offense occurring when a person has an alcohol concentration of twice the legal
limit or more as measured at the time or within two hours of the time of the offense and the
person has no qualified prior impaired driving incident within ten years;
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(4) not less than two years for an offense occurring under clause (3), item (i) or (ii), and
where the test results indicate an alcohol concentration of twice the legal limit or more, and
until the court has certified that treatment or rehabilitation has been successfully completed
where prescribed in accordance with section 169A.70 (chemical use assessments);
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(5) not less than three years for an offense occurring within ten years of the first of two
qualified prior impaired driving incidents or occurring after three qualified prior impaired
driving incidents and with denial under section 171.04, subdivision 1, clause (10), until
rehabilitation is established according to standards established by the commissioner; and
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(6) not less than four years for an offense occurring within ten years of the first of three
qualified prior impaired driving incidents and with denial under section 171.04, subdivision
1, clause (10), until rehabilitation is established according to standards established by the
commissioner; or
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(7) not less than six years for an offense occurring after four or more qualified prior
impaired driving incidents and with denial under section 171.04, subdivision 1, clause (10),
until rehabilitation is established according to standards established by the commissioner.
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Minnesota Statutes 2024, section 169A.60, subdivision 4, is amended to read:
On behalf of the
commissioner, a peace officer issuing a notice of intent to revoke and of revocation for a
plate impoundment violation shall also serve a notice of intent to impound and an order of
impoundment. On behalf of the commissioner, a peace officer who is arresting a person for
or charging a person with a plate impoundment violation described in subdivision 1,
paragraph (d), clause (5), shall also serve a notice of intent to impound and an order of
impoundment. If the vehicle involved in the plate impoundment violation is accessible to
the officer at the time the impoundment order is issued, the officer shall seize the registration
plates subject to the impoundment order. The officer shall destroy all plates seized or
impounded under this section. new text begin Alternatively, the officer may invalidate the plates by affixing
a permanent sticker on them. new text end The officer shall send to the commissioner copies of the notice
of intent to impound and the order of impoundment and a notice that registration plates
impounded and seized under this section have been destroyednew text begin or have been affixed with the
permanent stickernew text end .
Minnesota Statutes 2024, section 169A.60, subdivision 5, is amended to read:
If the motor vehicle is registered to the violator, the officer
shall issue a temporary vehicle permit that is valid for deleted text begin sevendeleted text end new text begin 14 new text end days when the officer issues
the notices under subdivision 4. If the motor vehicle is registered in the name of another,
the officer shall issue a temporary vehicle permit that is valid for 45 days when the notices
are issued under subdivision 3. The permit must be in a form determined by the registrar
and whenever practicable must be posted on the left side of the inside rear window of the
vehicle. A permit is valid only for the vehicle for which it is issued.
Minnesota Statutes 2024, section 169A.60, subdivision 6, is amended to read:
Within deleted text begin sevendeleted text end new text begin 14new text end days after issuance of the impoundment
notice, a person who receives a notice of impoundment and impoundment order shall
surrender all registration plates subject to the impoundment order that were not seized by
a peace officer under subdivision 4. Registration plates required to be surrendered under
this subdivision must be surrendered to a Minnesota police department, sheriff, or the State
Patrol, along with a copy of the impoundment order. A law enforcement agency receiving
registration plates under this subdivision shall destroy the plates and notify the commissioner
that they have been destroyed. The notification to the commissioner shall also include a
copy of the impoundment order.
Minnesota Statutes 2024, section 169A.63, subdivision 13, is amended to read:
(a) A forfeiture proceeding is stayed and the vehicle must be
returned if the driver becomes a program participant in the ignition interlock program under
section 171.306new text begin , in any motor vehicle eligible to be equipped with the ignition interlock
device,new text end at any time before the new text begin seized new text end motor vehicle is forfeited and any of the following
apply:
(1) the deleted text begin driver committeddeleted text end new text begin motor vehicle has been seized fornew text end a designated offense other
than a violation of section 169A.20 under the circumstances described in section 169A.24;
or
(2) the driver is accepted into a treatment court dedicated to changing the behavior of
alcohol- and other drug-dependent offenders arrested for driving while impaired.
(b) Notwithstanding paragraph (a), the vehicle whose forfeiture was stayed in paragraph
(a) may be seized and the forfeiture action may proceed under this section if the program
participant described in paragraph (a):
(1) subsequently operates a motor vehicle:
(i) to commit a violation of section 169A.20 (driving while impaired);
(ii) in a manner that results in a license revocation under section 169A.52 (license
revocation for test failure or refusal) or 171.177 (revocation; search warrant) or a license
disqualification under section 171.165 (commercial driver's license disqualification) resulting
from a violation of section 169A.52 or 171.177;
(iii) after tampering with, circumventing, or bypassing an ignition interlock device; or
(iv) without an ignition interlock device at any time when the driver's license requires
such device;
(2) either voluntarily or involuntarily ceases to participate in the program for more than
30 days, or fails to successfully complete it as required by the Department of Public Safety
due to:
(i) two or more occasions of the participant's driving privileges being withdrawn for
violating the terms of the program, unless the withdrawal is determined to be caused by an
error of the department or the interlock provider; or
(ii) violating the terms of the contract with the provider as determined by the provider;
or
(3) was the driver, forfeiture was stayed after the driver entered a treatment court, and
the driver ceases to be a participant in the treatment court for any reason.
(c) Paragraph (b) applies only if the described conduct occurs before the participant has
been restored to full driving privileges or within three years of the original designated offense
or designated license revocation, whichever occurs latest.
(d) The requirement in subdivision 2, paragraph (b), that device manufacturers provide
a discounted rate to indigent program participants applies also to device installation under
this subdivision.
(e) An impound or law enforcement storage lot operator must allow an ignition interlock
manufacturer sufficient access to the lot to install an ignition interlock device under this
subdivision.
(f) Notwithstanding paragraph (a), an entity in possession of the vehicle is not required
to release it until the reasonable costs of the towing, seizure, and storage of the vehicle have
been paid by the vehicle owner.
(g) At any time prior to the vehicle being forfeited, the appropriate agency may require
that the owner or driver of the vehicle surrender the title of the seized vehicle.
(h) If an event described in paragraph (b) occurs in a jurisdiction other than the one in
which the original forfeitable event occurred, and the vehicle is subsequently forfeited, the
proceeds shall be divided equally, after payment of seizure, towing, storage, forfeiture, and
sale expenses and satisfaction of valid liens against the vehicle, among the appropriate
agencies and prosecuting authorities in each jurisdiction.
(i) Upon successful completion of the program, the stayed forfeiture proceeding is
terminated or dismissed and any vehicle, security, or bond held by an agency must be
returned to the owner of the vehicle.
(j) A claimant of a vehicle for which a forfeiture action was stayed under paragraph (a)
but which later proceeds under paragraph (b), may file a demand for judicial forfeiture as
provided in subdivision 8, in which case the forfeiture proceedings must be conducted as
provided in subdivision 9.
Minnesota Statutes 2024, section 171.177, subdivision 4, is amended to read:
(a) Upon certification under subdivision 3
that there existed probable cause to believe the person had been driving, operating, or in
physical control of a motor vehicle in violation of section 169A.20, and that the person
refused to comply with the execution of the search warrant, the commissioner shall revoke
the person's license or permit to drive or nonresident operating privilege. The commissioner
shall revoke the license, permit, or nonresident operating privilegedeleted text begin :deleted text end new text begin as provided in section
171.178.
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(1) for a person with no qualified prior impaired driving incidents within the past ten
years, for a period of not less than one year;
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(2) for a person under the age of 21 years and with no qualified prior impaired driving
incidents within the past ten years, for a period of not less than one year;
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(3) for a person with one qualified prior impaired driving incident within the past ten
years or two qualified prior impaired driving incidents, for a period of not less than two
years;
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(4) for a person with two qualified prior impaired driving incidents within the past ten
years or three qualified prior impaired driving incidents, for a period of not less than three
years;
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(5) for a person with three qualified prior impaired driving incidents within the past ten
years, for a period of not less than four years; or
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(6) for a person with four or more qualified prior impaired driving incidents, for a period
of not less than six years.
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(b) When a person who had been driving, operating, or in physical control of a
commercial motor vehicle refuses to comply with the search warrant and permit testing,
the commissioner shall disqualify the person from operating a commercial motor vehicle
and shall revoke the person's license or permit to drive or nonresident operating privilege
according to the federal regulations adopted by reference in section 171.165, subdivision
2.
Minnesota Statutes 2024, section 171.177, subdivision 5, is amended to read:
(a) Upon certification under subdivision 3
pursuant to a search warrant, that there existed probable cause to believe the person had
been driving, operating, or in physical control of a motor vehicle in violation of section
169A.20, and that the person submitted to a test and the test results indicate an alcohol
concentration of 0.08 or more or the presence of a controlled substance listed in Schedule
I or II or its metabolite, other than marijuana or tetrahydrocannabinols, the commissioner
shall revoke the person's license or permit to drive or nonresident operating privilegedeleted text begin :deleted text end new text begin as
provided in section 171.178.
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(1) for a period of 90 days or, if the test results indicate an alcohol concentration of twice
the legal limit or more, not less than one year;
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(2) if the person is under the age of 21 years, for a period of not less than 180 days or,
if the test results indicate an alcohol concentration of twice the legal limit or more, not less
than one year;
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(3) for a person with one qualified prior impaired driving incident within the past ten
years or two qualified prior impaired driving incidents, for a period of not less than one
year or, if the test results indicate an alcohol concentration of twice the legal limit or more,
not less than two years;
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(4) for a person with two qualified prior impaired driving incidents within the past ten
years or three qualified prior impaired driving incidents, for a period of not less than three
years;
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(5) for a person with three qualified prior impaired driving incidents within the past ten
years, for a period of not less than four years; or
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(6) for a person with four or more qualified prior impaired driving incidents, for a period
of not less than six years.
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(b) On certification by the peace officer that there existed probable cause to believe the
person had been driving, operating, or in physical control of a commercial motor vehicle
with any presence of alcohol and that the person submitted to a test and the test results
indicated an alcohol concentration of 0.04 or more, the commissioner shall disqualify the
person from operating a commercial motor vehicle under section 171.165.
(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau of
Criminal Apprehension or authorized by the bureau to conduct the analysis of a blood or
urine sample, the laboratory may directly certify to the commissioner the test results, and
the peace officer shall certify to the commissioner that there existed probable cause to
believe the person had been driving, operating, or in physical control of a motor vehicle in
violation of section 169A.20, and that the person submitted to a test. Upon receipt of both
certifications, the commissioner shall undertake the license actions described in paragraphs
(a) and (b).
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Ignition interlock device" has the meaning given in section 171.306, subdivision 1.
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(c) "Qualified prior impaired driving incident" has the meaning given in section 169A.03,
subdivision 22.
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Section 169A.09
applies for determining the number of qualified prior impaired driving incidents under this
section.
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A revocation by the commissioner
as required under section 169A.52, subdivision 3, or 171.177, subdivision 4, must be for
the following periods:
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(1) if the person has no qualified prior impaired driving incidents within the past 20
years, not less than one year; or
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(2) if the person has one qualified prior impaired driving incident within the past 20
years, or two or more qualified prior impaired driving incidents, until the commissioner
determines that the person used an ignition interlock device in compliance with section
171.306 for the period of time described in subdivision 8.
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A revocation by the commissioner
as required under section 169A.52, subdivision 4, or 171.177, subdivision 5, must be for
the following periods:
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(1) if the person has no qualified prior impaired driving incidents within the past 20
years:
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(i) not less than 90 days;
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(ii) not less than 180 days if the person is under 21 years of age and the test results
indicate an alcohol concentration of less than twice the legal limit; or
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(iii) not less than one year if the test results indicate an alcohol concentration of twice
the legal limit or more; or
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(2) if the person has one qualified prior impaired driving incident within the past 20
years, or two or more qualified prior impaired driving incidents, until the commissioner
determines that the person used an ignition interlock device in compliance with section
171.306 for the period of time described in subdivision 8.
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(a) Notwithstanding the periods specified in subdivisions 3 and 4 and except
as provided in section 169A.54, subdivision 7, a revocation by the commissioner as required
under section 169A.54, subdivision 1, or 171.17, subdivision 1, paragraph (a), clause (2),
must be for the following periods:
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(1) if the person has no qualified prior impaired driving incidents within the past 20
years:
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(i) not less than 30 days if the person is convicted of an offense under section 169A.20,
subdivision 1 (driving while impaired);
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(ii) not less than 90 days if the person is convicted of an offense under section 169A.20,
subdivision 2 (refusal to submit to chemical test);
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(iii) not less than 180 days if the person is under 21 years of age and the test results
indicate an alcohol concentration of less than twice the legal limit; or
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(iv) not less than one year if the test results indicate an alcohol concentration of twice
the legal limit or more; or
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(2) if the person has one qualified prior impaired driving incident within the past 20
years, or two or more qualified prior impaired driving incidents, until the commissioner
determines that the person used an ignition interlock device in compliance with section
171.306 for the period of time described in subdivision 8.
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(b) Whenever department records show that the violation involved personal injury or
death to any person, at least 90 additional days must be added to the base periods provided
in paragraph (a), clause (1), items (i) to (iv).
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Notwithstanding the periods specified in subdivisions 3 to 5, a revocation by
the commissioner under section 171.17, subdivision 1, paragraph (a), clause (1), after the
commissioner receives a record of a conviction for a violation of section:
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(1) 609.2112, subdivision 1, paragraph (a), clause (2), (3), (4), (5), or (6);
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(2) 609.2113, subdivision 1, clause (2), (3), (4), (5), or (6);
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(3) 609.2113, subdivision 2, clause (2), (3), (4), (5), or (6);
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(4) 609.2113, subdivision 3, clause (2), (3), (4), (5), or (6); or
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(5) 609.2114, subdivision 1, paragraph (a), clause (2), (3), (4), (5), or (6); or subdivision
2, clause (2), (3), (4), (5), or (6),
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must be until the commissioner determines that the person used an ignition interlock device
in compliance with section 171.306 for the period of time described in subdivision 8.
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(a) The commissioner
must designate a person with two or more qualified prior impaired driving incidents as
inimical to public safety pursuant to section 171.04, subdivision 1, clause (10), if the person
is convicted of a violation of section:
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(1) 169A.20, subdivision 1;
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(2) 169A.20, subdivision 2;
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(3) 609.2112, subdivision 1, paragraph (a), clause (2), (3), (4), (5), or (6);
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(4) 609.2113, subdivision 1, clause (2), (3), (4), (5), or (6);
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(5) 609.2113, subdivision 2, clause (2), (3), (4), (5), or (6);
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(6) 609.2113, subdivision 3, clause (2), (3), (4), (5), or (6);
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(7) 609.2114, subdivision 1, paragraph (a), clause (2), (3), (4), (5), or (6); or
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(8) 609.2114, subdivision 2, clause (2), (3), (4), (5), or (6).
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(b) The commissioner must cancel the person's driver's license pursuant to section 171.14
and must not issue the person a driver's license until the person complies with the provisions
of this section and establishes rehabilitation according to standards established by the
commissioner.
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(a) Until the commissioner reinstates
a person's full driving privileges, the following persons must not operate a motor vehicle,
off-road recreational vehicle, or a motorboat unless the person participates in the ignition
interlock device program:
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(1) a person whose license or permit to drive, or nonresident operating privilege, is
revoked as described in subdivision 3, 4, or 5, at a time when the person has one qualified
prior impaired driving incident within the past 20 years, or two or more qualified prior
impaired driving incidents; and
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new text begin
(2) a person whose license or permit to drive, or nonresident operating privilege, is
revoked as described in subdivision 6, at a time when the person has one qualified prior
impaired driving incident.
new text end
new text begin
(b) The commissioner must not reinstate full driving privileges for a person described
in paragraph (a) until the person completes a licensed substance use disorder treatment or
rehabilitation program and participates in the ignition interlock device program in compliance
with section 171.306 for a period of not less than:
new text end
new text begin
(1) two years if the commissioner revokes the person's license or permit to drive, or
nonresident operating privilege as described in:
new text end
new text begin
(i) subdivision 3, 4, or 5 when the person has one qualified prior impaired driving incident
within the past 20 years; or
new text end
new text begin
(ii) subdivision 6 when the violation resulted in bodily harm or substantial bodily harm
to another and the person has no qualified prior impaired driving incidents;
new text end
new text begin
(2) five years if the commissioner revokes the person's license or permit to drive, or
nonresident operating privilege as described in subdivision 6 when the violation resulted
in bodily harm or substantial bodily harm to another and the person has one qualified prior
impaired driving incident;
new text end
new text begin
(3) six years if the commissioner revokes the person's license or permit to drive, or
nonresident operating privilege as described in:
new text end
new text begin
(i) subdivision 3, 4, or 5 when the person has two qualified prior impaired driving
incidents;
new text end
new text begin
(ii) subdivision 6 when the violation resulted in great bodily harm to another and the
person has no qualified prior impaired driving incidents; or
new text end
new text begin
(iii) subdivision 6 when the violation resulted in death to another and the person has no
qualified prior impaired driving incidents;
new text end
new text begin
(4) eight years if the commissioner revokes the person's license or permit to drive, or
nonresident operating privileges described in subdivision 6 when the violation resulted in:
new text end
new text begin
(i) great bodily harm to another and the person has one qualified prior impaired driving
incident; or
new text end
new text begin
(ii) bodily harm or substantial bodily harm to another and the person has two qualified
prior impaired driving incidents;
new text end
new text begin
(5) ten years if the commissioner revokes the person's license or permit to drive, or
nonresident operating privileges described in:
new text end
new text begin
(i) subdivision 6 when the violation resulted in great bodily harm to another and the
person has two qualified prior impaired driving incidents; or
new text end
new text begin
(ii) subdivision 3, 4, 5, or 6 when the person has three or more qualified prior impaired
driving incidents;
new text end
new text begin
(6) 15 years if the commissioner revokes the person's license or permit to drive, or
nonresident operating privileges as described in subdivision 6 when the violation resulted
in death to another and the person has one qualified prior impaired driving incident; or
new text end
new text begin
(7) for the remainder of the person's life if the commissioner revokes the person's license
or permit to drive, or nonresident operating privileges as described in subdivision 6 when
the violation resulted in death to another and the person has two qualified prior impaired
driving incidents.
new text end
new text begin
(c) The commissioner must establish standards allowing a person to submit proof that
the person completed a licensed substance use disorder treatment or rehabilitation program.
A person seeking reinstatement of full driving privileges must submit proof of completion
in the form and manner established by the commissioner.
new text end
new text begin
(d) Nothing in this section prohibits the commissioner from extending the period of time
that a person must use an ignition interlock device pursuant to section 171.306, subdivision
5.
new text end
new text begin
(e) If the commissioner learns that a person whose driving privileges have not been fully
reinstated and whose mandated period of use of an ignition interlock device was reduced
under this subdivision subsequently (1) registers a positive breath alcohol concentration of
0.02 or higher on an ignition interlock device, or (2) is convicted of, or adjudicated delinquent
for, an offense involving the use of alcohol, the commissioner must extend the time period
that the person must use an ignition interlock device until the participant demonstrates
abstinence for a period equal to the applicable reduced period under paragraph (b).
new text end
Minnesota Statutes 2024, section 171.187, subdivision 3, is amended to read:
If a person whose driver's license was suspended under subdivision 1
is later convicted of the underlying offense that resulted in the suspension and the
commissioner revokes the person's license, the commissioner shall credit the time accrued
under the suspension period toward the revocation period imposed under section deleted text begin 171.17,
subdivision 4deleted text end new text begin 171.178, subdivision 6new text end , or for violations of sectionnew text begin :
new text end
new text begin (1)new text end 609.20deleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end 609.205deleted text begin , ordeleted text end new text begin ;
new text end
new text begin (3)new text end 609.2112, subdivision 1, paragraph (a), clause (1), (7), or (8);
new text begin (4)new text end 609.2113, subdivision 1, clause (1), (7), or (8); subdivision 2, clause (1), (7), or (8);
or subdivision 3, clause (1), (7), or (8); or
new text begin (5)new text end 609.2114, subdivision 1, paragraph (a), clause (1), (7), or (8), or subdivision 2, clause
(1), (7), or (8).
Minnesota Statutes 2024, section 171.19, is amended to read:
Any person whose driver's license has been refused, revoked, suspended, canceled, or
disqualified by the commissioner, except where the license is revoked or disqualified under
section 169A.52, 171.177, or 171.186, new text begin or whose driver's license revocation, suspension, or
cancellation period has been extended by the commissioner based on a violation of the
ignition interlock program guidelines, new text end may file a petition for a hearing in the matter in the
district court in the county wherein such person shall reside and, in the case of a nonresident,
in the district court in any county, and such court is hereby vested with jurisdiction, and it
shall be its duty, to set the matter for hearing upon 15 days' written notice to the
commissioner, and thereupon to take testimony and examine into the facts of the case to
determine whether the petitioner is entitled to a license or is subject to revocation, suspension,
cancellation, disqualification, or refusal of license, new text begin or whether the commissioner's extension
determination is valid or should be modified, new text end and shall render judgment accordingly. The
petition for hearing must either be filed within 180 days of the effective date of the order
of revocation, suspension, cancellation, disqualification, or refusal to licensenew text begin , or of the
commissioner's extension determination,new text end or be filed before expiration of the withdrawal
period, whichever occurs first. The petition shall be heard by the court without a jury and
may be heard in or out of term. The commissioner may appear in person, or by agents or
representatives, and may present evidence upon the hearing by affidavit personally, by
agents, or by representatives. The petitioner may present evidence by affidavit, except that
the petitioner must be present in person at such hearing for the purpose of cross-examination.
In the event the department shall be sustained in these proceedings, the petitioner shall have
no further right to make further petition to any court for the purpose of obtaining a driver's
license until after the expiration of one year after the date of such hearing.
Minnesota Statutes 2024, section 171.306, subdivision 1, is amended to read:
(a) deleted text begin As used indeleted text end new text begin For purposes ofnew text end this section, the terms in this
subdivision have the meanings given deleted text begin themdeleted text end .
(b) "Ignition interlock device" or "device" means equipment that is designed to measure
breath alcohol concentration and to prevent a motor vehicle's ignition from being started
by a person whose breath alcohol concentration measures 0.02 or higher on the equipment.
(c) "Location tracking capabilities" means the ability of an electronic or wireless device
to identify and transmit its geographic location through the operation of the device.
(d) "Program participant" means a person who has qualified to take part in the ignition
interlock program under this section, and whose driver's license has been:
(1) revoked, canceled, or denied under section 169A.52; 169A.54; 171.04, subdivision
1, clause (10); or 171.177; deleted text begin or
deleted text end
(2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or suspended
under section 171.187, for a violation of section new text begin 609.2112, subdivision 1, paragraph (a),
clause (2), item (i) or (iv), (3), or (4);new text end 609.2113, subdivision 1, clause (2), item (i) or deleted text begin (iii)deleted text end new text begin
(iv)new text end , (3), or (4); subdivision 2, clause (2), item (i) or deleted text begin (iii)deleted text end new text begin (iv)new text end , (3), or (4); or subdivision 3,
clause (2), item (i) or deleted text begin (iii)deleted text end new text begin (iv)new text end , (3), or (4); or 609.2114, new text begin subdivision 1, paragraph (a), clause
(2), item (i) or (iv), (3), or (4); ornew text end subdivision 2, clause (2), item (i) or deleted text begin (iii)deleted text end new text begin (iv)new text end , (3), or (4),
resulting in bodily harm, substantial bodily harm, deleted text begin ordeleted text end great bodily harmdeleted text begin .deleted text end new text begin , or death; or
new text end
new text begin
(3) suspended, revoked, canceled, or denied under a statute or ordinance from another
state in conformity with any provision listed in clause (1) or (2).
new text end
(e) "Qualified prior impaired driving incident" has the meaning given in section 169A.03,
subdivision 22.
Minnesota Statutes 2024, section 171.306, subdivision 4, is amended to read:
(a) The commissioner shall issue a class D
driver's license, subject to the applicable limitations and restrictions of this section, to a
program participant who meets the requirements of this section and the program guidelines.new text begin
Notwithstanding any law to the contrary, the commissioner must not require a program
participant to pay the reinstatement fee and surcharge described in section 171.29, subdivision
2, before issuing a restricted license under this section. A program participant is not eligible
for full reinstatement of driving privileges until the person pays the full reinstatement fee
and surcharge.new text end The commissioner shall not issue a license unless the program participant
has provided satisfactory proof that:
(1) a certified ignition interlock device has been installed on the participant's motor
vehicle at an installation service center designated by the device's manufacturer; and
(2) the participant has insurance coverage on the vehicle equipped with the ignition
interlock device. If the participant has previously been convicted of violating section 169.791,
169.793, or 169.797 or the participant's license has previously been suspended, revoked, or
canceled under section 169.792 or 169.797, the commissioner shall require the participant
to present an insurance identification card that is certified by the insurance company to be
noncancelable for a period not to exceed 12 months.
(b) A license issued under authority of this section must contain a restriction prohibiting
the program participant from driving, operating, or being in physical control of any motor
vehicle not equipped with a functioning ignition interlock device certified by the
commissioner. A participant may drive an employer-owned vehicle not equipped with an
interlock device while in the normal course and scope of employment duties pursuant to
the program guidelines established by the commissioner and with the employer's written
consent.
(c) A program participant deleted text begin whosedeleted text end new text begin may apply for conditional reinstatement of the driver's
license, subject to the ignition interlock restriction, if the program participant'snew text end driver's
license deleted text begin has beendeleted text end new text begin wasnew text end :
(1) revokednew text begin , canceled, or deniednew text end under sectionnew text begin :
new text end
new text begin (i)new text end 169A.52, subdivision 3, paragraph (a), deleted text begin clause (1), (2), or (3),deleted text end or subdivision 4,
paragraph (a)deleted text begin , clause (1), (2), or (3)deleted text end ;
new text begin (ii)new text end 169A.54, subdivision 1deleted text begin , clause (1), (2), (3), or (4)deleted text end ; or
new text begin (iii)new text end 171.177, subdivision 4, paragraph (a), deleted text begin clause (1), (2), or (3),deleted text end or subdivision 5,
paragraph (a)deleted text begin , clause (1), (2), or (3)deleted text end ; deleted text begin or
deleted text end
(2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1),new text begin for a violation
of section:
new text end
new text begin
(i) 609.2112, subdivision 1, paragraph (a), clause (2), item (i) or (iv), (3), or (4);
new text end
new text begin
(ii) 609.2113, subdivision 1, clause (2), item (i) or (iv), (3), or (4); subdivision 2, clause
(2), item (i) or (iv), (3), or (4); or subdivision 3, clause (2), item (i) or (iv), (3), or (4); or
new text end
new text begin (iii) 609.2114, subdivision 1, paragraph (a), clause (2), item (i) or (iv), (3), or (4); or
subdivision 2, clause (2), item (i) or (iv), (3), or (4);new text end or
new text begin (3)new text end suspended under section 171.187, for a violation of sectionnew text begin :
new text end
new text begin
(i) 609.2112, subdivision 1, paragraph (a), clause (2), item (i) or (iv), (3), or (4);
new text end
new text begin (ii)new text end 609.2113, subdivision 1, clause (2), item (i) or deleted text begin (iii)deleted text end new text begin (iv)new text end , (3), or (4); subdivision 2,
clause (2), item (i) or deleted text begin (iii)deleted text end new text begin (iv)new text end , (3), or (4); or subdivision 3, clause (2), item (i) or deleted text begin (iii)deleted text end new text begin (iv)new text end ,
(3), or (4); or
new text begin (iii)new text end 609.2114, new text begin subdivision 1, paragraph (a), clause (2), item (i) or (iv), (3), or (4); ornew text end
subdivision 2, clause (2), item (i) or deleted text begin (iii)deleted text end new text begin (iv)new text end , (3), or (4)deleted text begin , resulting in bodily harm, substantial
bodily harm, or great bodily harm, where the participant has fewer than two qualified prior
impaired driving incidents within the past ten years or fewer than three qualified prior
impaired driving incidents ever; may apply for conditional reinstatement of the driver's
license, subject to the ignition interlock restrictiondeleted text end .
(d) deleted text begin A program participant whose driver's license has been: (1) revoked, canceled, or
denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or
subdivision 4, paragraph (a), clause (4), (5), or (6); 169A.54, subdivision 1, clause (5), (6),
or (7); or 171.177, subdivision 4, paragraph (a), clause (4), (5), or (6), or subdivision 5,
paragraph (a), clause (4), (5), or (6); or (2) revoked under section 171.17, subdivision 1,
paragraph (a), clause (1), or suspended under section 171.187, for a violation of section
609.2113, subdivision 1, clause (2), item (i) or (iii), (3), or (4); subdivision 2, clause (2),
item (i) or (iii), (3), or (4); or subdivision 3, clause (2), item (i) or (iii), (3), or (4); or
609.2114, subdivision 2, clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm,
substantial bodily harm, or great bodily harm, where the participant has two or more qualified
prior impaired driving incidents within the past ten years or three or more qualified prior
impaired driving incidents ever; may apply for conditional reinstatement of the driver's
license, subject to the ignition interlock restriction, if the program participant is enrolled in
a licensed substance use disorder treatment or rehabilitation program as recommended in
a chemical use assessment.deleted text end As a prerequisite to eligibility for eventual reinstatement of full
driving privileges, a participant new text begin who either had one qualified prior impaired driving incident
within the past 20 years, or two or more qualified prior impaired driving incidents when
the person's driver's license was revoked, canceled, or denied under the conditions described
in paragraph (c), clause (1), or whose driver's license was revoked or suspended under the
conditions described in paragraph (c), clause (2) or (3), and new text end whose chemical use assessment
recommended treatment or rehabilitation shall complete a licensed substance use disorder
treatment or rehabilitation program. If the program participant's ignition interlock device
subsequently registers a positive breath alcohol concentration of 0.02 or higher, the
commissioner shall extend the time period that the participant must participate in the program
until the participant has reached the required abstinence period described in section deleted text begin 169A.55,
subdivision 4deleted text end new text begin 171.178, subdivision 8new text end .
(e) Notwithstanding any statute or rule to the contrary, the commissioner has authority
to determine when a program participant is eligible for restoration of full driving privileges,
except that the commissioner shall not reinstate full driving privileges until the program
participant has met all applicable prerequisites for reinstatement under deleted text begin sectiondeleted text end new text begin sectionsnew text end
169A.55 new text begin and 171.178 new text end and until the program participant's device has registered no positive
breath alcohol concentrations of 0.02 or higher during the preceding 90 days.
Minnesota Statutes 2024, section 171.306, subdivision 5, is amended to read:
(a) If a program participant tampers with,
circumvents, or bypasses a device; drives, operates, or exercises physical control over a
motor vehicle not equipped with a device certified by the commissioner; violates a condition
of a license conditionally reinstated under subdivision 4 and section 171.30; or violates the
program guidelines of subdivision 3, the commissioner shall extend the person's revocation
period new text begin and the period of time that a person must use an ignition interlock device new text end under
section deleted text begin 169A.52, 169A.54, or 171.177deleted text end new text begin 171.178new text end by:
(1) 180 days for a first violation;
(2) one year for a second violation; or
(3) 545 days for a third and each subsequent violation.
(b) Notwithstanding paragraph (a), the commissioner may terminate participation in the
program by any person when, in the commissioner's judgment, termination is necessary to
the interests of public safety and welfare. In the event of termination, the commissioner
shall not reduce the applicable revocation period under section deleted text begin 169A.52, 169A.54, or deleted text end deleted text begin 171.177deleted text end
new text begin 171.178 new text end by the amount of time during which the person possessed a limited or restricted
driver's license issued under the authority of subdivision 4.
Minnesota Statutes 2024, section 171.306, subdivision 6, is amended to read:
(a) A person who lends, rents, or leases a motor vehicle
that is not equipped with a functioning ignition interlock device certified by the commissioner
to a person with a license issued under this section knowing that the person is subject to the
ignition interlock restriction is guilty of a misdemeanor.
(b) A person who tampers with, circumvents, or bypasses the ignition interlock device,
or assists another to tamper with, circumvent, or bypass the device, is guilty of a misdemeanor
except when the action was taken for emergency purposes or for mechanical repair, and the
person limited to the use of an ignition interlock device does not operate the motor vehicle
while the device is disengaged.
new text begin
(c) A person with a license issued under this section who operates a motor vehicle that
is not equipped with a functioning ignition interlock device certified by the commissioner
is guilty of a gross misdemeanor.
new text end
new text begin
This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end
new text begin
$382,000 in fiscal year 2026 and $382,000 in fiscal year 2027 are appropriated from the
driver and vehicle services operating account under Minnesota Statutes, section 299A.705,
to the commissioner of public safety for staffing and other expenses related to an increase
in the length of time individuals are participants in the ignition interlock program. If this
appropriation is enacted more than once during the 2025 regular legislative session, the
appropriation must be given effect only once.
new text end
new text begin
Minnesota Statutes 2024, sections 169A.54, subdivisions 2, 3, and 4; 169A.55,
subdivisions 4 and 5; and 171.17, subdivision 4,
new text end
new text begin
are repealed.
new text end
Repealed Minnesota Statutes: H2130-3
If the person convicted of violating section 169A.20 (driving while impaired) is under the age of 21 years at the time of the violation, the commissioner shall revoke the offender's driver's license or operating privileges for a period of not less than 180 days or for the appropriate period of time under subdivision 1, clauses (1) to (6), for the offense committed, whichever is the longer period.
For purposes of this section, a juvenile adjudication under section 169A.20 (driving while impaired), an ordinance in conformity with it, or a statute or ordinance from another state in conformity with it is an offense.
Whenever department records show that the violation involved personal injury or death to any person, at least 90 additional days must be added to the base periods provided in subdivisions 1 to 3.
(a) A person whose driver's license has been revoked as a result of an offense listed under clause (2) shall not be eligible for reinstatement of driving privileges without an ignition interlock restriction until the commissioner certifies that either:
(1) the person did not own or lease a vehicle at the time of the offense or at any time between the time of the offense and the driver's request for reinstatement, or commit a violation of chapter 169, 169A, or 171 between the time of the offense and the driver's request for reinstatement or at the time of the arrest for the offense listed under clause (2), item (i), subitem (A) or (B), or (ii), subitem (A) or (B), as based on:
(i) a request by the person for reinstatement, on a form to be provided by the Department of Public Safety;
(ii) the person's attestation under penalty of perjury; and
(iii) the submission by the driver of certified copies of vehicle registration records and driving records for the period from the arrest until the driver seeks reinstatement of driving privileges; or
(2) the person used the ignition interlock device and complied with section 171.306 for a period of not less than:
(i) one year, for a person whose driver's license was revoked for:
(A) an offense occurring within ten years of a qualified prior impaired driving incident; or
(B) an offense occurring after two qualified prior impaired driving incidents; or
(ii) two years, for a person whose driver's license was revoked for:
(A) an offense occurring under item (i), subitem (A) or (B), and the test results indicated an alcohol concentration of twice the legal limit or more; or
(B) an offense occurring under item (i), subitem (A) or (B), and the current offense is for a violation of section 169A.20, subdivision 2.
(b) A person whose driver's license has been canceled or denied as a result of three or more qualified impaired driving incidents shall not be eligible for reinstatement of driving privileges without an ignition interlock restriction until the person:
(1) has completed rehabilitation according to rules adopted by the commissioner or been granted a variance from the rules by the commissioner; and
(2) has submitted verification of abstinence from alcohol and controlled substances under paragraph (c), as evidenced by the person's use of an ignition interlock device or other chemical monitoring device approved by the commissioner.
(c) The verification of abstinence must show that the person has abstained from the use of alcohol and controlled substances for a period of not less than:
(1) three years, for a person whose driver's license was canceled or denied for an offense occurring within ten years of the first of two qualified prior impaired driving incidents, or occurring after three qualified prior impaired driving incidents;
(2) four years, for a person whose driver's license was canceled or denied for an offense occurring within ten years of the first of three qualified prior impaired driving incidents; or
(3) six years, for a person whose driver's license was canceled or denied for an offense occurring after four or more qualified prior impaired driving incidents.
A person whose driver's license has been revoked under section 171.17, subdivision 1, paragraph (a), clause (1) (revocation, criminal vehicular operation), or suspended under section 171.187 (suspension, criminal vehicular operation), for a violation of section 609.2113, subdivision 1, clause (2), item (i) or (iii), (3), or (4), subdivision 2, clause (2), item (i) or (iii), (3), or (4), or subdivision 3, clause (2), item (i) or (iii), (3), or (4); or section 609.2114, subdivision 2, clause (2), item (i) or (iii) (criminal vehicular operation, alcohol-related provisions), resulting in bodily harm, substantial bodily harm, or great bodily harm, shall not be eligible for reinstatement of driving privileges until the person has submitted to the commissioner verification of the use of ignition interlock for the applicable time period specified in those sections. To be eligible for reinstatement under this subdivision, a person shall utilize an ignition interlock device that meets the performance standards and certification requirements under subdivision 4, paragraph (c).
(a) As used in this subdivision, "qualified prior impaired driving incident" has the meaning given in section 169A.03, subdivision 22.
(b) Upon receiving a record of a conviction for a violation of section 609.2112, subdivision 1, paragraph (a), clause (2), (3), (4), (5), or (6); 609.2113, subdivision 1, clause (2), (3), (4), (5), or (6); subdivision 2, clause (2), (3), (4), (5), or (6); or subdivision 3, clause (2), (3), (4), (5), or (6); or 609.2114, subdivision 1, paragraph (a), clause (2), (3), (4), (5), or (6), or subdivision 2, clause (2), (3), (4), (5), or (6); the commissioner shall revoke the driver's license or driving privileges of a person as follows:
(1) not less than ten years if the violation resulted in great bodily harm or death to another and the person has two or more qualified prior impaired driving incidents within the past ten years or three or more qualified prior impaired driving incidents, and with denial under section 171.04, subdivision 1, clause (10), until rehabilitation is established according to standards established by the commissioner;
(2) not less than eight years if the violation resulted in great bodily harm or death to another and the person has a qualified prior impaired driving incident within the past ten years;
(3) not less than six years if the violation resulted in great bodily harm or death to another;
(4) not less than six years if the violation resulted in bodily harm or substantial bodily harm to another and the person has two or more qualified prior impaired driving incidents within the past ten years or three or more qualified prior impaired driving incidents, and with denial under section 171.04, subdivision 1, clause (10), until rehabilitation is established according to standards established by the commissioner;
(5) not less than four years if the violation resulted in bodily harm or substantial bodily harm to another and the person has a qualified prior impaired driving incident within the past ten years; or
(6) not less than two years if the violation resulted in bodily harm or substantial bodily harm to another.
(c) Section 169A.09 applies when determining the number of qualified prior impaired driving incidents under this subdivision.