HF 2408

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; providing that when a person is 
  1.3             arrested for driving while impaired, the arresting 
  1.4             officer must invalidate and return the person's 
  1.5             driver's license card for use as an identification 
  1.6             card during the period of license suspension, 
  1.7             revocation, or cancellation; amending Minnesota 
  1.8             Statutes 2002, section 169A.52, subdivision 7. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2002, section 169A.52, 
  1.11  subdivision 7, is amended to read: 
  1.12     Subd. 7.  [TEST REFUSAL; DRIVING PRIVILEGE LOST.] (a) On 
  1.13  behalf of the commissioner, a peace officer requiring a test or 
  1.14  directing the administration of a chemical test shall serve 
  1.15  immediate notice of intention to revoke and of revocation on a 
  1.16  person who refuses to permit a test or on a person who submits 
  1.17  to a test the results of which indicate an alcohol concentration 
  1.18  of 0.10 or more. 
  1.19     (b) On behalf of the commissioner, a peace officer 
  1.20  requiring a test or directing the administration of a chemical 
  1.21  test of a person driving, operating, or in physical control of a 
  1.22  commercial motor vehicle shall serve immediate notice of 
  1.23  intention to disqualify and of disqualification on a person who 
  1.24  refuses to permit a test, or on a person who submits to a test 
  1.25  the results of which indicate an alcohol concentration of 0.04 
  1.26  or more. 
  1.27     (c) The officer shall either: 
  2.1      (1) take the driver's license or permit, if any, invalidate 
  2.2   the person's driver's license or permit card by clipping the 
  2.3   upper corner of the card in such a way that no identifying 
  2.4   information including the photo is destroyed, and immediately 
  2.5   return the card to the person; 
  2.6      (2) issue the person a temporary license effective for only 
  2.7   seven days; and 
  2.8      (3) send it the notification of this action to the 
  2.9   commissioner along with the certificate required by subdivision 
  2.10  3 or 4, and issue a temporary license effective only for seven 
  2.11  days; or 
  2.12     (2) invalidate the driver's license or permit in such a way 
  2.13  that no identifying information is destroyed.