1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
Engrossments | ||
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1st Engrossment | Posted on 08/14/1998 |
1.1 A bill for an act 1.2 relating to crimes; driving while intoxicated; 1.3 extending the qualifying conditions of impairment for 1.4 driving, snowmobiling, motorboating, hunting, and 1.5 flying while intoxicated to include being under the 1.6 influence of drugs, impairing substances, or hazardous 1.7 substances; lowering relevant evidence standard for 1.8 indicating influence of alcohol; providing a longer 1.9 waiting period before the issuance of a limited 1.10 license following DWI and certain other offenses if 1.11 the driver is under the age of 18 years; providing 1.12 gross misdemeanor penalty for criminal vehicular 1.13 operation resulting in bodily harm; clarifying the 1.14 application of consecutive sentencing provisions to 1.15 impaired driving and driver's license offenses arising 1.16 out of a single course of conduct; adding 1.17 cross-references; expanding the prohibitions of the 1.18 driving while intoxicated and criminal vehicular 1.19 operation laws to include persons who operate a motor 1.20 vehicle with the presence of any amount of a 1.21 controlled substance in their bodies and to include 1.22 persons who flee the scene of an accident resulting in 1.23 death or harm; providing a defense for controlled 1.24 substance use that complies with a lawfully issued 1.25 prescription; requiring the POST board to develop a 1.26 plan to train peace officers in drug recognition 1.27 techniques; making clarifying technical changes; 1.28 prescribing penalties; amending Minnesota Statutes 1.29 1994, sections 84.81, subdivision 1, and by adding 1.30 subdivisions; 84.91, subdivisions 1, 3, and 4; 84.911, 1.31 subdivisions 1, 2, 3, and 4; 86B.005, by adding 1.32 subdivisions; 86B.331, subdivisions 1, 3, and 4; 1.33 86B.335, subdivisions 1, 2, 6, 7, and 10; 97A.015, by 1.34 adding subdivisions; 97B.065, subdivisions 1, 3, and 1.35 4; 97B.066, subdivisions 1, 2, 3, and 4; 169.01, by 1.36 adding subdivisions; 169.09, subdivision 14; 169.121, 1.37 subdivisions 1, 1c, 2, 3, 4, 6, 10a, and by adding a 1.38 subdivision; 169.123, subdivisions 2, 2a, 3, 4, and 6; 1.39 169.129; 169.791, by adding a subdivision; 169.797, 1.40 subdivision 4; 171.30, subdivision 2a, and by adding a 1.41 subdivision; 360.0752, subdivisions 1, 2, 5, and 7; 1.42 360.0753, subdivisions 2, 3, and 6; 609.21; and 1.43 629.471, subdivision 2; Minnesota Statutes 1995 1.44 Supplement, sections 84.911, subdivision 7; 86B.335, 1.45 subdivision 13; 171.18, subdivision 1; and 340A.503, 1.46 subdivision 1; proposing coding for new law in 2.1 Minnesota Statutes, chapters 169; and 171. 2.2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.3 Section 1. Minnesota Statutes 1994, section 84.81, 2.4 subdivision 1, is amended to read: 2.5 Subdivision 1. For the purposes ofLaws 1967, chapter 8762.6 sections 84.81 to 84.912, the terms defined herein shall have 2.7 the meaning ascribed to them. 2.8 Sec. 2. Minnesota Statutes 1994, section 84.81, is amended 2.9 by adding a subdivision to read: 2.10 Subd. 13. [ALL-TERRAIN VEHICLE.] "All-terrain vehicle" 2.11 has the meaning given in section 84.92. 2.12 Sec. 3. Minnesota Statutes 1994, section 84.81, is amended 2.13 by adding a subdivision to read: 2.14 Subd. 14. [DRUG.] "Drug" has the meaning given in section 2.15 151.01, subdivision 5, including controlled substances as 2.16 defined in section 152.01, subdivision 4. 2.17 Sec. 4. Minnesota Statutes 1994, section 84.81, is amended 2.18 by adding a subdivision to read: 2.19 Subd. 15. [HAZARDOUS SUBSTANCE.] "Hazardous substance" 2.20 means any chemical or chemical compound that is listed as a 2.21 hazardous substance in rules adopted under chapter 182. 2.22 Sec. 5. Minnesota Statutes 1994, section 84.81, is amended 2.23 by adding a subdivision to read: 2.24 Subd. 16. [IMPAIRING SUBSTANCE.] "Impairing substance" 2.25 means any substance or combination of substances, other than 2.26 alcohol, a drug, or a hazardous substance, which has the 2.27 capacity to affect the nervous system, brain, or muscles of a 2.28 person so as to impair the person's ability or capacity to 2.29 drive, operate, or be in physical control of a motor vehicle. 2.30 Sec. 6. Minnesota Statutes 1994, section 84.91, 2.31 subdivision 1, is amended to read: 2.32 Subdivision 1. [ACTS PROHIBITED.] (a) No person shall 2.33 operate or be in physical control of any snowmobile or 2.34 all-terrain vehicle anywhere in this state or on the ice of any 2.35 boundary water of this state: 2.36 (1) when the person is under the influence of alcohol; 3.1 (2) when the person is under the influence of acontrolled3.2substance, as defined in section 152.01, subdivision 4drug that 3.3 affects the nervous system, brain, or muscles of the person so 3.4 as to impair the person's ability to operate the snowmobile or 3.5 all-terrain vehicle; 3.6 (3) when the person is under the influence of a combination 3.7 of any two or more of the elements named in clauses (1), (2), 3.8 and (6); 3.9 (4) when the person's alcohol concentration is 0.10 or 3.10 more; 3.11 (5) when the person's alcohol concentration as measured 3.12 within two hours of the time of operating is 0.10 or more; or 3.13 (6) when the person is knowingly under the influence ofany3.14chemical compound or combination of chemical compounds that is3.15listed asa hazardous substancein rules adopted under section3.16182.655 andor an impairing substance that affects the nervous 3.17 system, brain, or muscles of the person so as tosubstantially3.18 impair the person's ability to operate the snowmobile or 3.19 all-terrain vehicle. 3.20 (b) No owner or other person having charge or control of 3.21 any snowmobile or all-terrain vehicle shall authorize or permit 3.22 any individual the person knows or has reason to believe is 3.23 under the influence of alcohol, drugs, impairing substances, or 3.24a controlled substance or other substance, as provided under3.25paragraph (a),hazardous substances to operate the snowmobile or 3.26 all-terrain vehicle anywhere in this state or on the ice of any 3.27 boundary water of this state. 3.28 (c) No owner or other person having charge or control of 3.29 any snowmobile or all-terrain vehicle shall knowingly authorize 3.30 or permit any person, who by reason of any physical or mental 3.31 disability is incapable of operating the vehicle, to operate the 3.32 snowmobile or all-terrain vehicle anywhere in this state or on 3.33 the ice of any boundary water of this state. 3.34 (d) The fact that a person charged with a violation of this 3.35 subdivision is or has been legally entitled to use alcohol, 3.36 drugs, impairing substances, or hazardous substances does not 4.1 constitute a defense against the charge. 4.2 Sec. 7. Minnesota Statutes 1994, section 84.91, 4.3 subdivision 3, is amended to read: 4.4 Subd. 3. [PRELIMINARY SCREENING TEST.] (a) When an officer 4.5 authorized under subdivision 2 to make arrests has reason to 4.6 believe from the manner in which a person is operating, 4.7 controlling, or acting upon departure from a snowmobile or 4.8 all-terrain vehicle, or has operated or been in control of the 4.9 vehicle, that the operator may be violating or has violated 4.10 subdivision 1, paragraph (a), the officer may require the 4.11 operator to provide a breath sample for a preliminary screening 4.12 test using a device approved by the commissioner of public 4.13 safety for this purpose. 4.14 (b) The results of the preliminary screening test shall be 4.15 used for the purpose of deciding whether an arrest should be 4.16 made under this section and whether to require the chemical 4.17 tests authorized in section 84.911, but may not be used in any 4.18 court action except: (1) to prove that a test was properly 4.19 required of an operator under section 84.911; or (2) in a civil 4.20 action arising out of the operation or use of a snowmobile or 4.21 all-terrain vehicle. 4.22 (c) Following the preliminary screening test, additional 4.23 tests may be required of the operator as provided under section 4.24 84.911. 4.25 (d) An operator who refuses a breath sample is subject to 4.26 the provisions of section 84.911 unless, in compliance with that 4.27 section, the operator submits to a blood, breath, or urine test 4.28 to determine the presence of alcoholor a controlled substance, 4.29 drugs, impairing substances, or hazardous substances. 4.30 Sec. 8. Minnesota Statutes 1994, section 84.91, 4.31 subdivision 4, is amended to read: 4.32 Subd. 4. [EVIDENCE.] In a prosecution for a violation of 4.33 subdivision 1, paragraph (a), or an ordinance in conformity with 4.34 it, the admission of evidence of the amount of alcoholor a4.35controlled substance, drugs, impairing substances, or hazardous 4.36 substances in the person's blood, breath, or urine, is governed 5.1 by section 86B.331, subdivision 4. 5.2 Sec. 9. Minnesota Statutes 1994, section 84.911, 5.3 subdivision 1, is amended to read: 5.4 Subdivision 1. [MANDATORY CHEMICAL TESTING.] A person who 5.5 operates or is in physical control of a snowmobile or 5.6 all-terrain vehicle anywhere in this state or on the ice of any 5.7 boundary water of this state is required, subject to the 5.8 provisions of this section, to take or submit to a test of the 5.9 person's blood, breath, or urine for the purpose of determining 5.10 the presence and amount of alcoholor a controlled substance, 5.11 drugs, impairing substances, or hazardous substances. The test 5.12 shall be administered at the direction of an officer authorized 5.13 to make arrests under section 84.91, subdivision 2. Taking or 5.14 submitting to the test is mandatory when requested by an officer 5.15 who has probable cause to believe the person was operating or in 5.16 physical control of a snowmobile or all-terrain vehicle in 5.17 violation of section 84.91, subdivision 1, paragraph (a), and 5.18 one of the following conditions exists: 5.19 (1) the person has been lawfully placed under arrest for 5.20 violating section 84.91, subdivision 1, paragraph (a); 5.21 (2) the person has been involved while operating a 5.22 snowmobile or all-terrain vehicle in an accident resulting in 5.23 property damage, personal injury, or death; 5.24 (3) the person has refused to take the preliminary 5.25 screening test provided for in section 84.91, subdivision 3; or 5.26 (4) the screening test was administered and indicated an 5.27 alcohol concentration of 0.10 or more or the presence of a drug, 5.28 impairing substance, or hazardous substance. 5.29 Sec. 10. Minnesota Statutes 1994, section 84.911, 5.30 subdivision 2, is amended to read: 5.31 Subd. 2. [PENALTIES; REFUSAL; REVOCATION OF SNOWMOBILE OR 5.32 ALL-TERRAIN VEHICLE OPERATING PRIVILEGE.] (a) If a person 5.33 refuses to take a test required under subdivision 1, none must 5.34 be given, but the officer authorized to make arrests under 5.35 section 84.91, subdivision 2, shall report the refusal to the 5.36 commissioner of natural resources and to the authority having 6.1 responsibility for prosecution of misdemeanor offenses for the 6.2 jurisdiction in which the incident occurred that gave rise to 6.3 the test demand and refusal. However, if a peace officer has 6.4 probable cause to believe that the person has violated section 6.5 609.21, a test may be required and obtained despite the person's 6.6 refusal. 6.7 (b) On certification by the officer that probable cause 6.8 existed to believe the person had been operating or in physical 6.9 control of a snowmobile or all-terrain vehicle while under the 6.10 influence of alcoholor a controlled substance, drugs, impairing 6.11 substances, or hazardous substances, and that the person refused 6.12 to submit to testing, the commissioner shall impose a civil 6.13 penalty of $500 and shall prohibit the person from operating a 6.14 snowmobile or all-terrain vehicle, whichever was involved in the 6.15 violation, for a period of one year even if a test was obtained 6.16 pursuant to this section after the person refused to submit to 6.17 testing. 6.18 (c) On behalf of the commissioner, an officer requiring a 6.19 test or directing the administration of a test shall serve on a 6.20 person who refused to permit a test immediate notice of 6.21 intention to prohibit the operation of a snowmobile or 6.22 all-terrain vehicle, and to impose the civil penalty set forth 6.23 in this subdivision. If the officer fails to serve a notice of 6.24 intent to suspend operating privileges, the commissioner may 6.25 notify the person by mail, and the notice is deemed received 6.26 three days after mailing. The notice must advise the person of 6.27 the right to obtain administrative and judicial review as 6.28 provided in this section. The prohibition imposed by the 6.29 commissioner takes effect ten days after receipt of the notice. 6.30 The civil penalty is imposed on receipt of the notice and must 6.31 be paid within 30 days of imposition. 6.32(b)(d) A person who operates a snowmobile or all-terrain 6.33 vehicle during the period the person is prohibited from 6.34 operating the vehicle as provided under paragraph(a)(b) or (c) 6.35 is guilty of a misdemeanor. 6.36 Sec. 11. Minnesota Statutes 1994, section 84.911, 7.1 subdivision 3, is amended to read: 7.2 Subd. 3. [RIGHTS AND OBLIGATIONS.] At the time a test is 7.3 requested, the person must be informed: 7.4 (1) that Minnesota law requires a person to take a test to 7.5 determine if the person is under the influence of alcoholor a7.6controlled substance, drugs, impairing substances, or hazardous 7.7 substances; 7.8 (2) that a person is subject to a civil penalty of $500 for 7.9 refusing to take the test and, in addition, is prohibited for a 7.10 one-year period from operating a snowmobile or an all-terrain 7.11 vehicle; 7.12 (3) if the peace officer has probable cause to believe the 7.13 person has violated the criminal vehicular homicide and injury 7.14 laws, that a test will be taken with or without the person's 7.15 consent; and 7.16 (4) that the person has the right to consult with an 7.17 attorney, but that this right is limited to the extent that it 7.18 cannot unreasonably delay administration of the test or the 7.19 person will be deemed to have refused the test. 7.20 Sec. 12. Minnesota Statutes 1994, section 84.911, 7.21 subdivision 4, is amended to read: 7.22 Subd. 4. [REQUIREMENT OF BLOOD OR URINE TEST.] 7.23 Notwithstanding subdivision 1, if there is probable cause to 7.24 believe there is impairment by acontrolled substancedrug, 7.25 impairing substance, or hazardous substance that is not subject 7.26 to testing by a breath test, then a blood or urine test may be 7.27 required even after a breath test has been administered. 7.28 Sec. 13. Minnesota Statutes 1995 Supplement, section 7.29 84.911, subdivision 7, is amended to read: 7.30 Subd. 7. [CORONER TO REPORT DEATH.] Every coroner or 7.31 medical examiner shall report in writing to the department of 7.32 natural resources the death of any person within the 7.33 jurisdiction of the coroner or medical examiner as the result of 7.34 an accident involving a recreational motor vehicle, as defined 7.35 in section 84.90, subdivision 1, and the circumstances of the 7.36 accident. The report shall be made within 15 days after the 8.1 death. 8.2 In the case of drivers killed in recreational motor vehicle 8.3 accidents and of the death of passengers 14 years of age or 8.4 older, who die within four hours after accident, the coroner or 8.5 medical examiner shall examine the body and shall make tests as 8.6 are necessary to determine the presence and percentage 8.7 concentration of alcohol, and drugs, impairing substances, and 8.8 hazardous substances if feasible, in the blood of the victim. 8.9 This information shall be included in each report submitted 8.10 pursuant to the provisions of this subdivision and shall be 8.11 tabulated by the department of natural resources. Periodically, 8.12 the commissioner of natural resources must transmit a summary of 8.13 the reports to the commissioner of public safety. 8.14 Sec. 14. Minnesota Statutes 1994, section 86B.005, is 8.15 amended by adding a subdivision to read: 8.16 Subd. 20. [DRUG.] "Drug" has the meaning given in section 8.17 151.01, subdivision 5, including controlled substances as 8.18 defined in section 152.01, subdivision 4. 8.19 Sec. 15. Minnesota Statutes 1994, section 86B.005, is 8.20 amended by adding a subdivision to read: 8.21 Subd. 21. [HAZARDOUS SUBSTANCE.] "Hazardous substance" 8.22 means any chemical or chemical compound that is listed as a 8.23 hazardous substance in rules adopted under chapter 182. 8.24 Sec. 16. Minnesota Statutes 1994, section 86B.005, is 8.25 amended by adding a subdivision to read: 8.26 Subd. 22. [IMPAIRING SUBSTANCE.] "Impairing substance" 8.27 means any substance or combination of substances, other than 8.28 alcohol, a drug, or a hazardous substance, which has the 8.29 capacity to affect the nervous system, brain, or muscles of a 8.30 person so as to impair the person's ability or capacity to 8.31 drive, operate, or be in physical control of a motor vehicle. 8.32 Sec. 17. Minnesota Statutes 1994, section 86B.331, 8.33 subdivision 1, is amended to read: 8.34 Subdivision 1. [ACTS PROHIBITED.] (a) A person may not 8.35 operate or be in physical control of a motorboat in operation on 8.36 the waters of this state: 9.1 (1) when the person is under the influence of alcohol; 9.2 (2) when the person is under the influence of acontrolled9.3substance, as defined in section 152.01, subdivision 4drug that 9.4 affects the nervous system, brain, or muscles of the person so 9.5 as to impair the person's ability to operate the motorboat; 9.6 (3) when the person is under the influence of a combination 9.7 of any two or more of the elements named in clauses (1), (2), 9.8 and (6); 9.9 (4) when the person's alcohol concentration is 0.10 or 9.10 more; 9.11 (5) when the person's alcohol concentration as measured 9.12 within two hours of the time of operating is 0.10 or more; or 9.13 (6) when the person is knowingly under the influence ofany9.14chemical compound or combination of chemical compounds that is9.15listed asa hazardous substancein rules adopted under section9.16182.655 andor an impairing substance that affects the nervous 9.17 system, brain, or muscles of the person so as tosubstantially9.18 impair the person's ability to operate the motorboat. 9.19 (b) An owner or other person having charge or control of a 9.20 motorboat may not authorize or allow an individual the person 9.21 knows or has reason to believe is under the influence of alcohol 9.22or a controlled or other substance, as provided under paragraph9.23(a), drugs, impairing substances, or hazardous substances to 9.24 operate the motorboat in operation on the waters of this state. 9.25 (c) An owner or other person having charge or control of a 9.26 motorboat may not knowingly authorize or allow a person, who by 9.27 reason of a physical or mental disability is incapable of 9.28 operating the motorboat, to operate the motorboat in operation 9.29 on the waters of this state. 9.30 (d) The fact that a person charged with a violation of this 9.31 subdivision is or has been legally entitled to use alcohol, 9.32 drugs, impairing substances, or hazardous substances does not 9.33 constitute a defense against the charge. 9.34 (e) For purposes of this subdivision, a motorboat "in 9.35 operation" does not include a motorboat that is anchored, 9.36 beached, or securely fastened to a dock or other permanent 10.1 mooring. 10.2 Sec. 18. Minnesota Statutes 1994, section 86B.331, 10.3 subdivision 3, is amended to read: 10.4 Subd. 3. [PRELIMINARY SCREENING TEST.] (a) If an officer 10.5 authorized under subdivision 2 to make arrests has reason to 10.6 believe from the manner in which a person is operating, 10.7 controlling, or acting upon departure from a motorboat, or has 10.8 operated or been in control of a motorboat, that the operator 10.9 may be violating or has violated subdivision 1, paragraph (a), 10.10 the officer may require the operator to provide a breath sample 10.11 for a preliminary screening test using a device approved by the 10.12 commissioner of public safety for this purpose. 10.13 (b) The results of the preliminary screening test shall be 10.14 used for the purpose of deciding whether an arrest should be 10.15 made under this section and whether to require the chemical 10.16 tests authorized in section 86B.335, but may not be used in a 10.17 court action except: (1) to prove that a test was properly 10.18 required of an operator pursuant to section 86B.335; or (2) in a 10.19 civil action arising out of the operation or use of the 10.20 motorboat. 10.21 (c) Following the preliminary screening test, additional 10.22 tests may be required of the operator as provided under section 10.23 86B.335. 10.24 (d) An operator who refuses a breath sample is subject to 10.25 the provisions of section 86B.335 unless, in compliance with 10.26 that section, the operator submits to a blood, breath, or urine 10.27 test to determine the presence of alcoholor a controlled10.28substance, drugs, impairing substances, or hazardous substances. 10.29 Sec. 19. Minnesota Statutes 1994, section 86B.331, 10.30 subdivision 4, is amended to read: 10.31 Subd. 4. [EVIDENCE.] (a) Upon the trial of a prosecution 10.32 arising out of acts alleged to have been committed by a person 10.33 arrested for operating or being in physical control of a 10.34 motorboat in violation of subdivision 1, paragraph (a), or an 10.35 ordinance in conformity with it, the court may admit evidence of 10.36 the amount of alcoholor a controlled substance, drugs, 11.1 impairing substances, or hazardous substances in the person's 11.2 blood, breath, or urine as shown by an analysis of those items. 11.3 (b) For the purposes of this subdivision:11.4(1), evidence that there was at the time an alcohol 11.5 concentration of0.05 or less is prima facie evidence that the11.6person was not under the influence of alcohol; and11.7(2) evidence that there was at the time an alcohol11.8concentration of more than 0.05 and less than 0.100.04 or more 11.9 is relevant evidence in indicating whether or not the person was 11.10 under the influence of alcohol. 11.11 (c) Evidence of the refusal to take a preliminary screening 11.12 test required under subdivision 3 or a chemical test required 11.13 under section 86B.335 is admissible into evidence in a 11.14 prosecution under this section or an ordinance in conformity 11.15 with it. 11.16 (d) This subdivision does not limit the introduction of 11.17 other competent evidence bearing upon the question of whether or 11.18 not the person violated this section, including tests obtained 11.19 more than two hours after the alleged violation and results 11.20 obtained from partial tests on an infrared breath-testing 11.21 instrument. A result from a partial test is the measurement 11.22 obtained by analyzing one adequate breath sample. A sample is 11.23 adequate if the instrument analyzes the sample and does not 11.24 indicate the sample is deficient. 11.25 (e) If proven by a preponderance of the evidence, it shall 11.26 be an affirmative defense to a violation of subdivision 1, 11.27 paragraph (a), clause (5), that the defendant consumed a 11.28 sufficient quantity of alcohol after the time of operating or 11.29 physical control of a motorboat and before the administration of 11.30 the evidentiary test to cause the defendant's alcohol 11.31 concentration to exceed 0.10. Provided, that this evidence may 11.32 not be admitted unless notice is given to the prosecution prior 11.33 to the omnibus or pretrial hearing in the matter. 11.34 Sec. 20. Minnesota Statutes 1994, section 86B.335, 11.35 subdivision 1, is amended to read: 11.36 Subdivision 1. [MANDATORY CHEMICAL TESTING.] A person who 12.1 operates or is in physical control of a motorboat in operation 12.2 on the waters of this state is required, subject to the 12.3 provisions of this section, to take or submit to a test of the 12.4 person's blood, breath, or urine for the purpose of determining 12.5 the presence and amount of alcoholor a controlled substance, 12.6 drugs, impairing substances, or hazardous substances. A 12.7 motorboat "in operation" does not include a motorboat that is 12.8 anchored, beached, or securely fastened to a dock or other 12.9 permanent mooring. The test shall be administered at the 12.10 direction of an officer authorized to make arrests under section 12.11 86B.331, subdivision 2. Taking or submitting to the test is 12.12 mandatory when requested by an officer who has probable cause to 12.13 believe the person was operating or in physical control of a 12.14 motorboat in violation of section 86B.331, subdivision 1, 12.15 paragraph (a), and one of the following conditions exist: 12.16 (1) the person has been lawfully placed under arrest for 12.17 violating section 86B.331, subdivision 1, paragraph (a); 12.18 (2) the person has been involved in a motorboat accident 12.19 resulting in property damage, personal injury, or death; 12.20 (3) the person has refused to take the preliminary 12.21 screening test provided for in section 86B.331, subdivision 3; 12.22 or 12.23 (4) the screening test was administered and indicated an 12.24 alcohol concentration of 0.10 or more or the presence of drugs, 12.25 impairing substances, or hazardous substances. 12.26 Sec. 21. Minnesota Statutes 1994, section 86B.335, 12.27 subdivision 2, is amended to read: 12.28 Subd. 2. [REFUSAL TO TAKE TESTPENALTIES; REFUSAL; 12.29 REVOCATION OF OPERATOR'S PERMIT.] (a) If a person refuses to 12.30 take a test required under subdivision 1, a test is not to be 12.31 given, but the officer authorized to make arrests under section 12.32 86B.331, subdivision 2, shall report the refusal to the 12.33 commissioner of natural resources and to the authority having 12.34 responsibility for prosecution of misdemeanor offenses for the 12.35 jurisdiction where the incident occurred that gave rise to the 12.36 test demand and refusal. However, if a peace officer has 13.1 probable cause to believe that the person has violated section 13.2 609.21, a test may be required and obtained despite the person's 13.3 refusal. 13.4 (b) On certification by the officer that probable cause 13.5 existed to believe the person had been operating or in physical 13.6 control of a motorboat while under the influence of alcoholor a13.7controlled substance, drugs, impairing substances, or hazardous 13.8 substances, and that the person refused to submit to testing, 13.9 the commissioner shall impose a civil penalty of $500 and shall 13.10 prohibit the person from operating any motorboat on the waters 13.11 of this state for a period of one year even if a test was 13.12 obtained pursuant to this section after the person refused to 13.13 submit to testing. If the person refusing to submit to testing 13.14 is under the age of 18 years at the time of the refusal, the 13.15 person's watercraft operator's permit shall be revoked by the 13.16 commissioner as set forth in this subdivision and a new permit 13.17 after the revocation must be issued only after the person 13.18 successfully completes a watercraft safety course. 13.19 (c) On behalf of the commissioner, an officer requiring a 13.20 test or directing the administration of a test shall serve on a 13.21 person who refused to permit a test immediate notice of 13.22 intention to impose the civil penalty set forth in this 13.23 subdivision, to prohibit the operation of motorboats, and to 13.24 revoke a watercraft operator's permit. The officer shall take a 13.25 watercraft operator's permit held by the person, and shall send 13.26 the permit to the commissioner along with the certification 13.27 provided for in this subdivision. If the officer fails to serve 13.28 a notice of intent to revoke, the commissioner may notify the 13.29 person by mail and the notice is deemed received three days 13.30 after mailing. The notice must advise the person of the right 13.31 to obtain administrative and judicial review as provided in this 13.32 section. The prohibition and revocation, if any, shall take 13.33 effect ten days after receipt of the notice. The civil penalty 13.34 is imposed on receipt of the notice and shall be paid within 30 13.35 days of imposition. 13.36 (d) A person who operates a motorboat on the waters of this 14.1 state during the period the person is prohibited from operating 14.2 a motorboat as provided under paragraph (b) or (c) is guilty of 14.3 a misdemeanor. 14.4 Sec. 22. Minnesota Statutes 1994, section 86B.335, 14.5 subdivision 6, is amended to read: 14.6 Subd. 6. [RIGHTS AND OBLIGATIONS.] At the time a test is 14.7 requested, the person must be informed: 14.8 (1) that Minnesota law requires a person to take a test to 14.9 determine if the person is under the influence of alcoholor a14.10controlled substance, drugs, impairing substances, or hazardous 14.11 substances; 14.12 (2) that a person is subject to a civil penalty of $500 for 14.13 refusing to take the test and, in addition, the person may be 14.14 prohibited from operating any motorboat; 14.15 (3) if the peace officer has probable cause to believe the 14.16 person has violated the criminal vehicular homicide and injury 14.17 laws, that a test will be taken with or without the person's 14.18 consent; and 14.19 (4) that the person has the right to consult with an 14.20 attorney, but that this right is limited to the extent that it 14.21 cannot unreasonably delay administration of the test or the 14.22 person will be deemed to have refused the test. 14.23 Sec. 23. Minnesota Statutes 1994, section 86B.335, 14.24 subdivision 7, is amended to read: 14.25 Subd. 7. [REQUIREMENT OF BLOOD OR URINE TEST.] 14.26 Notwithstanding subdivision 1, if there are reasonable and 14.27 probable grounds to believe there is impairment by acontrolled14.28 drug, impairing substance, or hazardous substancewhichthat is 14.29 not subject to testing by ablood orbreath test, then a blood 14.30 or urine test may be required even after ablood orbreath test 14.31 has been administered. 14.32 Sec. 24. Minnesota Statutes 1994, section 86B.335, 14.33 subdivision 10, is amended to read: 14.34 Subd. 10. [MANNER OF MAKING TESTS.] (a) Only a physician, 14.35 medical technician, physician's trained mobile intensive care 14.36 paramedic, registered nurse, medical technologist, or laboratory 15.1 assistant acting at the request of a peace officer authorized to 15.2 make arrests under section 86B.331, subdivision 2, may withdraw 15.3 blood for the purpose of determining the presence of alcoholor15.4controlled substance, drugs, impairing substances, or hazardous 15.5 substances. This limitation does not apply to the taking of a 15.6 breath or urine sample. The person tested has the right to have 15.7 someone of the person's own choosing administer a chemical test 15.8 or tests in addition to any administered at the direction of a 15.9 peace officer; provided, that the additional test sample on 15.10 behalf of the person is obtained at the place where the person 15.11 is in custody, after the test administered at the direction of a 15.12 peace officer, and at no expense to the state. 15.13 (b) The failure or inability to obtain an additional test 15.14 or tests by a person shall not preclude the admission in 15.15 evidence of the test taken at the direction of a peace officer 15.16 unless the additional test was prevented or denied by the peace 15.17 officer. 15.18 (c) The physician, medical technician, physician's trained 15.19 mobile intensive care paramedic, medical technologist, 15.20 laboratory assistant, or registered nurse drawing blood at the 15.21 request of a peace officer for the purpose of determining 15.22alcoholthe concentration of alcohol, drugs, impairing 15.23 substances, or hazardous substances shall in no manner be liable 15.24 in any civil or criminal action except for negligence in drawing 15.25 the blood. The person administering a breath test shall be 15.26 fully trained in the administration of breath tests pursuant to 15.27 training given by the commissioner of public safety. 15.28 Sec. 25. Minnesota Statutes 1995 Supplement, section 15.29 86B.335, subdivision 13, is amended to read: 15.30 Subd. 13. [CORONER TO REPORT DEATH.] Every coroner or 15.31 medical examiner shall report in writing to the department of 15.32 natural resources the death of any person within the 15.33 jurisdiction of the coroner or medical examiner as the result of 15.34 an accident involving any watercraft or drowning and the 15.35 circumstances of the accident. The report shall be made within 15.36 15 days after the death or recovery. 16.1 In the case of operators killed in watercraft accidents, or 16.2 the death of passengers or drowning victims 14 years of age or 16.3 older, who die within four hours after accident, the coroner or 16.4 medical examiner shall examine the body and shall make tests as 16.5 are necessary to determine the presence and percentage 16.6 concentration of alcohol, and drugs, impairing substances, and 16.7 hazardous substances if feasible, in the blood of the victim. 16.8 This information shall be included in each report submitted 16.9 pursuant to the provisions of this subdivision and shall be 16.10 tabulated by the department of natural resources. Periodically, 16.11 the commissioner of natural resources must transmit a summary of 16.12 the reports to the commissioner of public safety. 16.13 Sec. 26. Minnesota Statutes 1994, section 97A.015, is 16.14 amended by adding a subdivision to read: 16.15 Subd. 56. [DRUG.] "Drug" has the meaning given in section 16.16 151.01, subdivision 5, including controlled substances as 16.17 defined in section 152.01, subdivision 4. 16.18 Sec. 27. Minnesota Statutes 1994, section 97A.015, is 16.19 amended by adding a subdivision to read: 16.20 Subd. 57. [HAZARDOUS SUBSTANCE.] "Hazardous substance" 16.21 means any chemical or chemical compound that is listed as a 16.22 hazardous substance in rules adopted under chapter 182. 16.23 Sec. 28. Minnesota Statutes 1994, section 97A.015, is 16.24 amended by adding a subdivision to read: 16.25 Subd. 58. [IMPAIRING SUBSTANCE.] "Impairing substance" 16.26 means any substance or combination of substances, other than 16.27 alcohol, a drug, or a hazardous substance, which has the 16.28 capacity to affect the nervous system, brain, or muscles of a 16.29 person so as to impair the person's ability or capacity to 16.30 drive, operate, or be in physical control of a motor vehicle. 16.31 Sec. 29. Minnesota Statutes 1994, section 97B.065, 16.32 subdivision 1, is amended to read: 16.33 Subdivision 1. [ACTS PROHIBITED.] (a) A person may not 16.34 take wild animals with a firearm or by archery: 16.35 (1) when the person is under the influence of alcohol; 16.36 (2) when the person is under the influence of acontrolled17.1substance, as defined in section 152.01, subdivision 4drug that 17.2 affects the nervous system, brain, or muscles of the person so 17.3 as to impair the person's ability to operate the firearm or bow 17.4 and arrow; 17.5 (3) when the person is under the influence of a combination 17.6 of any two or more of the elements in clauses (1)and, (2), and 17.7 (6); 17.8 (4) when the person's alcohol concentration is 0.10 or 17.9 more; 17.10 (5) when the person's alcohol concentration as measured 17.11 within two hours of the time of taking is 0.10 or more; or 17.12 (6) when the person is knowingly under the influence ofany17.13chemical compound or combination of chemical compounds that is17.14listed asa hazardous substancein rules adopted under section17.15182.655 andor an impairing substance that affects the nervous 17.16 system, brain, or muscles of the person so as tosubstantially17.17 impair the person's ability to operateathe firearm or bow and 17.18 arrow. 17.19 (b) An owner or other person having charge or control of a 17.20 firearm or bow and arrow may not authorize or permit an 17.21 individual the person knows or has reason to believe is under 17.22 the influence of alcoholor a controlled substance, as provided17.23under paragraph (a), drugs, impairing substances, or hazardous 17.24 substances to possess the firearm or bow and arrow in this state 17.25 or on a boundary water of this state. 17.26 (c) The fact that a person charged with a violation of this 17.27 subdivision is or has been legally entitled to use alcohol, 17.28 drugs, impairing substances, or hazardous substances does not 17.29 constitute a defense against the charge. 17.30 Sec. 30. Minnesota Statutes 1994, section 97B.065, 17.31 subdivision 3, is amended to read: 17.32 Subd. 3. [PRELIMINARY SCREENING TEST.] (a) When an officer 17.33 authorized under subdivision 2 to make arrests has reason to 17.34 believe that the person may be violating or has violated 17.35 subdivision 1, paragraph (a), the officer may require the person 17.36 to provide a breath sample for a preliminary screening test 18.1 using a device approved by the commissioner of public safety for 18.2 this purpose. 18.3 (b) The results of the preliminary screening test must be 18.4 used for the purpose of deciding whether an arrest should be 18.5 made under this section and whether to require the chemical 18.6 tests authorized in section 97B.066, but may not be used in any 18.7 court action except: (1) to prove that a test was properly 18.8 required of a person under section 97B.066, or (2) in a civil 18.9 action arising out of the operation of a firearm or bow and 18.10 arrow. 18.11 (c) Following the preliminary screening test, additional 18.12 tests may be required of the person as provided under section 18.13 97B.066. 18.14 (d) A person who refuses a breath sample is subject to the 18.15 provisions of section 97B.066 unless, in compliance with that 18.16 section, the person submits to a blood, breath, or urine test to 18.17 determine the presence of alcoholor a controlled substance, 18.18 drugs, impairing substances, or hazardous substances. 18.19 Sec. 31. Minnesota Statutes 1994, section 97B.065, 18.20 subdivision 4, is amended to read: 18.21 Subd. 4. [EVIDENCE.] In a prosecution for a violation of 18.22 subdivision 1, paragraph (a), or an ordinance in conformity with 18.23 it, the admission of evidence of the amount of alcoholor a18.24controlled substance, drugs, impairing substances, or hazardous 18.25 substances in the person's blood, breath, or urine is governed 18.26 by section 86B.331, subdivision 4. 18.27 Sec. 32. Minnesota Statutes 1994, section 97B.066, 18.28 subdivision 1, is amended to read: 18.29 Subdivision 1. [MANDATORY CHEMICAL TESTING.] A person who 18.30 takes wild animals with a bow or firearm in this state or on a 18.31 boundary water of this state is required, subject to the 18.32 provisions of this section, to take or submit to a test of the 18.33 person's blood, breath, or urine for the purpose of determining 18.34 the presence and amount of alcoholor a controlled substance, 18.35 drugs, impairing substances, or hazardous substances. The test 18.36 shall be administered at the direction of an officer authorized 19.1 to make arrests under section 97B.065, subdivision 2. Taking or 19.2 submitting to the test is mandatory when requested by an officer 19.3 who has probable cause to believe the person was hunting in 19.4 violation of section 97B.065, subdivision 1, paragraph (a), and 19.5 one of the following conditions exists: 19.6 (1) the person has been lawfully placed under arrest for 19.7 violating section 97B.065, subdivision 1, paragraph (a); 19.8 (2) the person has been involved while hunting in an 19.9 accident resulting in property damage, personal injury, or 19.10 death; 19.11 (3) the person has refused to take the preliminary 19.12 screening test provided for in section 97B.065, subdivision 3; 19.13 or 19.14 (4) the screening test was administered and indicated an 19.15 alcohol concentration of 0.10 or more or the presence of a drug, 19.16 impairing substance, or hazardous substance. 19.17 Sec. 33. Minnesota Statutes 1994, section 97B.066, 19.18 subdivision 2, is amended to read: 19.19 Subd. 2. [PENALTIES; REFUSAL; REVOCATION OF HUNTING 19.20 PRIVILEGE.] (a) If a person refuses to take a test required 19.21 under subdivision 1, none must be given but the officer 19.22 authorized to make arrests under section 97B.065, subdivision 2, 19.23 shall report the refusal to the commissioner of natural 19.24 resources and to the authority having responsibility for 19.25 prosecution of misdemeanor offenses for the jurisdiction in 19.26 which the incident occurred that gave rise to the test demand 19.27 and refusal. 19.28 (b) On certification by the officer that probable cause 19.29 existed to believe the person had been hunting while under the 19.30 influence of alcoholor a controlled substance, drugs, impairing 19.31 substances, or hazardous substances and that the person refused 19.32 to submit to testing, the commissioner shall impose a civil 19.33 penalty of $500 and shall prohibit the person from hunting for 19.34 one year. 19.35 (c) On behalf of the commissioner, an officer requiring a 19.36 test or directing the administration of a test shall serve on a 20.1 person who refused to permit a test immediate notice of 20.2 intention to prohibit the person from hunting, and to impose the 20.3 civil penalty set forth in this subdivision. If the officer 20.4 fails to serve a notice of intent to suspend hunting privileges, 20.5 the commissioner may notify the person by certified mail to the 20.6 address on the license of the person. The notice must advise 20.7 the person of the right to obtain administrative and judicial 20.8 review as provided in this section. The prohibition imposed by 20.9 the commissioner takes effect ten days after receipt of the 20.10 notice. The civil penalty is imposed 30 days after receipt of 20.11 the notice or upon return of the certified mail to the 20.12 commissioner, and must be paid within 30 days of imposition. 20.13(b)(d) A person who hunts during the period the person is 20.14 prohibited from hunting as provided under paragraph(a)(b) or 20.15 (c) is guilty of a misdemeanor. 20.16 Sec. 34. Minnesota Statutes 1994, section 97B.066, 20.17 subdivision 3, is amended to read: 20.18 Subd. 3. [RIGHTS AND OBLIGATIONS.] At the time a test is 20.19 requested, the person must be informed that: 20.20 (1) Minnesota law requires a person to take a test to 20.21 determine if the person is under the influence of alcoholor a20.22controlled substance, drugs, impairing substances, or hazardous 20.23 substances; 20.24 (2) if the person refuses to take the test, the person is 20.25 subject to a civil penalty of $500 and is prohibited for a 20.26 one-year period from hunting, as provided under subdivision 2; 20.27 and 20.28 (3) that the person has the right to consult with an 20.29 attorney, but that this right is limited to the extent it cannot 20.30 unreasonably delay administration of the test or the person will 20.31 be deemed to have refused the test. 20.32 Sec. 35. Minnesota Statutes 1994, section 97B.066, 20.33 subdivision 4, is amended to read: 20.34 Subd. 4. [REQUIREMENT OF BLOOD OR URINE TEST.] 20.35 Notwithstanding subdivision 1, if there is probable cause to 20.36 believe there is impairment by acontrolled substancedrug, 21.1 impairing substance, or hazardous substance that is not subject 21.2 to testing by a breath test, then a blood or urine test may be 21.3 required even after a breath test has been administered. 21.4 Sec. 36. Minnesota Statutes 1994, section 169.01, is 21.5 amended by adding a subdivision to read: 21.6 Subd. 82. [DRUG.] "Drug" has the meaning given in section 21.7 151.01, subdivision 5, including controlled substances as 21.8 defined in section 152.01, subdivision 4. 21.9 Sec. 37. Minnesota Statutes 1994, section 169.01, is 21.10 amended by adding a subdivision to read: 21.11 Subd. 83. [HAZARDOUS SUBSTANCE.] "Hazardous substance" 21.12 means any chemical or chemical compound that is listed as a 21.13 hazardous substance in rules adopted under chapter 182. 21.14 Sec. 38. Minnesota Statutes 1994, section 169.01, is 21.15 amended by adding a subdivision to read: 21.16 Subd. 84. [IMPAIRING SUBSTANCE.] "Impairing substance" 21.17 means any substance or combination of substances, other than 21.18 alcohol, a drug, or a hazardous substance, which has the 21.19 capacity to affect the nervous system, brain, or muscles of a 21.20 person so as to impair the person's ability or capacity to 21.21 drive, operate, or be in physical control of a motor vehicle. 21.22 Sec. 39. Minnesota Statutes 1994, section 169.09, 21.23 subdivision 14, is amended to read: 21.24 Subd. 14. [PENALTIES.] (a)The driver of any vehicle who21.25violates subdivision 1 or 6 and who caused the accident is21.26punishable as follows:21.27(1) if the accident results in the death of any person, the21.28driver is guilty of a felony and may be sentenced to21.29imprisonment for not more than ten years, or to payment of a21.30fine of not more than $20,000, or both;21.31(2) if the accident results in great bodily harm to any21.32person, as defined in section 609.02, subdivision 8, the driver21.33is guilty of a felony and may be sentenced to imprisonment for21.34not more than five years, or to payment of a fine of not more21.35than $10,000, or both; or21.36(3) if the accident results in substantial bodily harm to22.1any person, as defined in section 609.02, subdivision 7a, the22.2driver is guilty of a felony and may be sentenced to22.3imprisonment for not more than three years, or to payment of a22.4fine of not more than $5,000, or both.22.5(b)The driver of any vehicle who violates subdivision 1 or 22.6 6 and who did not cause the accident is punishable as follows: 22.7 (1) if the accident results in the death of any person, the 22.8 driver is guilty of a felony and may be sentenced to 22.9 imprisonment for not more than three years, or to payment of a 22.10 fine of not more than $5,000, or both; 22.11 (2) if the accident results in great bodily harm to any 22.12 person, as defined in section 609.02, subdivision 8, the driver 22.13 is guilty of a felony and may be sentenced to imprisonment for 22.14 not more than two years, or to payment of a fine of not more 22.15 than $4,000, or both; or 22.16 (3) if the accident results in substantial bodily harm to 22.17 any person, as defined in section 609.02, subdivision 7a, the 22.18 driver may be sentenced to imprisonment for not more than one 22.19 year, or to payment of a fine of not more than $3,000, or both. 22.20(c)(b) The driver of any vehicle involved in an accident 22.21 not resulting in substantial bodily harm or death who violates 22.22 subdivision 1 or 6 may be sentenced to imprisonment for not more 22.23 than one year, or to payment of a fine of not more than $3,000, 22.24 or both. 22.25(d)(c) Any person who violates subdivision 2, 3, 4, 5, 7, 22.26 8, 10, 11, or 12 is guilty of a misdemeanor. 22.27 The attorney in the jurisdiction in which the violation 22.28 occurred who is responsible for prosecution of misdemeanor 22.29 violations of this section shall also be responsible for 22.30 prosecution of gross misdemeanor violations of this section. 22.31 Sec. 40. Minnesota Statutes 1994, section 169.121, 22.32 subdivision 1, is amended to read: 22.33 Subdivision 1. [CRIME; ACTS PROHIBITED.] It is a crime for 22.34 any person to drive, operate, or be in physical control of any 22.35 motor vehicle within this state or upon the ice of any boundary 22.36 water of this state under any of the following circumstances: 23.1 (a) when the person is under the influence of alcohol; 23.2 (b) when the person is under the influence of acontrolled23.3substance, as defined in section 152.01, subdivision 4drug that 23.4 affects the nervous system, brain, or muscles of the person so 23.5 as to impair the person's ability to drive or operate the motor 23.6 vehicle; 23.7 (c) when the person is under the influence of a combination 23.8 of any two or more of the elements named in clauses (a), (b), 23.9 and (f); 23.10 (d) when the person's alcohol concentration is 0.10 or 23.11 more; 23.12 (e) when the person's alcohol concentration as measured 23.13 within two hours of the time of driving, operating, or being in 23.14 physical control of the motor vehicle is 0.10 or more;or23.15 (f) when the person is knowingly under the influence ofany23.16chemical compound or combination of chemical compounds that is23.17listed asa hazardous substancein rules adopted under section23.18182.655 andor an impairing substance that affects the nervous 23.19 system, brain, or muscles of the person so as tosubstantially23.20 impair the person's ability to drive or operate the motor 23.21 vehicle; or 23.22 (g) when the person's body contains any amount of a 23.23 controlled substance, as defined in section 152.01, subdivision 23.24 4, that is listed in schedule I or II. 23.25 Sec. 41. Minnesota Statutes 1994, section 169.121, 23.26 subdivision 1c, is amended to read: 23.27 Subd. 1c. [CONDITIONAL RELEASE.] Unless maximum bail is 23.28 imposed under section 629.471, subdivision 2, a person charged 23.29 with violating subdivision 1 within ten years of the first of 23.30 three prior impaired driving convictions or within the person's 23.31 lifetime after four or more prior impaired driving convictions 23.32 may be released from detention only if the following conditions 23.33 are imposed in addition to the other conditions of release 23.34 ordered by the court: 23.35 (1) the impoundment of the registration plates of the 23.36 vehicle used to commit the violation, unless already impounded; 24.1 (2) a requirement that the alleged violator report weekly 24.2 to a probation agent; 24.3 (3) a requirement that the alleged violator abstain from 24.4 consumption of alcohol and controlled substances and submit to 24.5 random, weekly alcohol tests or urine analyses; and 24.6 (4) a requirement that, if convicted, the alleged violator 24.7 reimburse the court or county for the total cost of these 24.8 services. 24.9 Sec. 42. Minnesota Statutes 1994, section 169.121, is 24.10 amended by adding a subdivision to read: 24.11 Subd. 1d. [PRESCRIPTION NOT A DEFENSE.] The fact that a 24.12 person charged with a violation of this section is or has been 24.13 legally entitled to use alcohol, drugs, impairing substances, or 24.14 hazardous substances does not constitute a defense against the 24.15 charge. 24.16 Sec. 43. Minnesota Statutes 1994, section 169.121, 24.17 subdivision 2, is amended to read: 24.18 Subd. 2. [EVIDENCE.] (a) Upon the trial of any prosecution 24.19 arising out of acts alleged to have been committed by any person 24.20 arrested for driving, operating, or being in physical control of 24.21 a motor vehicle in violation of subdivision 1, the court may 24.22 admit evidence of the amount of alcoholor a controlled24.23substance, drugs, impairing substances, or hazardous substances 24.24 in the person's blood, breath, or urine as shown by an analysis 24.25 of those items. 24.26 (b) For the purposes of this subdivision, evidence that 24.27 there was at the time an alcohol concentration of 0.04 or more 24.28 is relevant evidence in indicating whether or not the person was 24.29 under the influence of alcohol. 24.30 (c) Evidence of the refusal to take a test is admissible 24.31 into evidence in a prosecution under this section or an 24.32 ordinance in conformity with it. 24.33 (d) If proven by a preponderance of the evidence, it shall 24.34 be an affirmative defense to a violation of subdivision 1, 24.35 clause (e), that the defendant consumed a sufficient quantity of 24.36 alcohol after the time of actual driving, operating, or physical 25.1 control of a motor vehicle and before the administration of the 25.2 evidentiary test to cause the defendant's alcohol concentration 25.3 to exceed 0.10.Provided, that this evidence may not be25.4admitted unless notice is given to the prosecution prior to the25.5omnibus or pretrial hearing in the matter.Evidence that the 25.6 defendant consumed alcohol after the time of actual driving, 25.7 operating, or being in physical control of a motor vehicle shall 25.8 not be admitted in defense to any alleged violation of this 25.9 section unless notice is given to the prosecution at least five 25.10 days prior to the omnibus or pretrial hearing in the matter. 25.11 (e) If proven by a preponderance of the evidence, it shall 25.12 be an affirmative defense to a violation of subdivision 1, 25.13 clause (g), that the defendant used the controlled substance 25.14 according to the terms of a prescription issued for the 25.15 defendant in accordance with sections 152.11 and 152.12. 25.16 (f) The foregoing provisions do not limit the introduction 25.17 of any other competent evidence bearing upon the question 25.18 whether or not the person violated this section, including tests 25.19 obtained more than two hours after the alleged violation and 25.20 results obtained from partial tests on an infrared 25.21 breath-testing instrument. A result from a partial test is the 25.22 measurement obtained by analyzing one adequate breath sample, as 25.23 defined in section 169.123, subdivision 2b, paragraph (b). 25.24 Sec. 44. Minnesota Statutes 1994, section 169.121, 25.25 subdivision 3, is amended to read: 25.26 Subd. 3. [CRIMINAL PENALTIES.] (a) As used in this 25.27 subdivision: 25.28 (1) "prior impaired driving conviction" means a prior 25.29 conviction under this section; section 84.91, subdivision 1, 25.30 paragraph (a); 86B.331, subdivision 1, paragraph (a); 169.129; 25.31 360.0752; 609.21, subdivision 1, clauses (2) to(4)(6); 609.21, 25.32 subdivision 2, clauses (2) to(4)(6); 609.21, subdivision 2a, 25.33 clauses (2) to(4)(6); 609.21, subdivision 2b, clauses (2) to 25.34 (6); 609.21, subdivision 3, clauses (2) to(4)(6); 609.21, 25.35 subdivision 4, clauses (2) to(4)(6); or an ordinance from this 25.36 state, or a statute or ordinance from another state in 26.1 conformity with any of them. A prior impaired driving 26.2 conviction also includes a prior juvenile adjudication that 26.3 would have been a prior impaired driving conviction if committed 26.4 by an adult; and 26.5 (2) "prior license revocation" means a driver's license 26.6 suspension, revocation, or cancellation under this section; 26.7 section 169.123; 171.04; 171.14; 171.16; 171.17; or 171.18 26.8 because of an alcohol-related incident; 609.21, subdivision 1, 26.9 clauses (2) to(4)(7); 609.21, subdivision 2, clauses (2) 26.10 to(4)(7); 609.21, subdivision 2a, clauses (2) 26.11 to(4)(7); 609.21, subdivision 2b, clauses (2) to (7); 609.21, 26.12 subdivision 3, clauses (2) to(4)(7); or 609.21, subdivision 4, 26.13 clauses (2) to(4)(7). 26.14 (b) A person who violates subdivision 1 or 1a, or an 26.15 ordinance in conformity with either of them, is guilty of a 26.16 misdemeanor. 26.17 (c) A person is guilty of a gross misdemeanor under any of 26.18 the following circumstances: 26.19 (1) the person violates subdivision 1 within five years of 26.20 a prior impaired driving conviction, or within ten years of the 26.21 first of two or more prior impaired driving convictions; 26.22 (2) the person violates subdivision 1a within five years of 26.23 a prior license revocation, or within ten years of the first of 26.24 two or more prior license revocations; 26.25 (3) the person violates section 169.26 while in violation 26.26 of subdivision 1;or26.27 (4) the person violates subdivision 1 or 1a while a child 26.28 under the age of 16 is in the vehicle, if the child is more than 26.29 36 months younger than the violator; or 26.30 (5) the person violates subdivision 1 or 1a while in 26.31 violation of section 169.797. 26.32 (d) The attorney in the jurisdiction in which the violation 26.33 occurred who is responsible for prosecution of misdemeanor 26.34 violations of this section shall also be responsible for 26.35 prosecution of gross misdemeanor violations of this section. 26.36 (e) The court must impose consecutive sentences when it 27.1 sentences a person for a violation of this section or section 27.2 169.29 arising out of separate behavioral incidents. The court 27.3 also must impose a consecutive sentence when it sentences a 27.4 person for a violation of this section or section 169.129 and 27.5 the person, at the time of sentencing, is on probation for, or 27.6 serving, an executed sentence for a violation of this section or 27.7 section 169.29 and the prior sentence involved a separate 27.8 behavioral incident. The court also may order that the sentence 27.9 imposed for a violation of this section or section 169.29 shall 27.10 run consecutively to a previously imposed misdemeanor, gross 27.11 misdemeanor or felony sentence for a violation other than this 27.12 section or section 169.129. 27.13 (f) The court may impose consecutive sentences for offenses 27.14 arising out of a single course of conduct as permitted in 27.15 section 609.035, subdivision 2. 27.16 (g) When an attorney responsible for prosecuting gross 27.17 misdemeanors under this section requests criminal history 27.18 information relating to prior impaired driving convictions from 27.19 a court, the court must furnish the information without charge. 27.20(g)(h) A violation of subdivision 1a may be prosecuted 27.21 either in the jurisdiction where the arresting officer observed 27.22 the defendant driving, operating, or in control of the motor 27.23 vehicle or in the jurisdiction where the refusal occurred. 27.24 Sec. 45. Minnesota Statutes 1994, section 169.121, 27.25 subdivision 4, is amended to read: 27.26 Subd. 4. [ADMINISTRATIVE PENALTIES.] (a) The commissioner 27.27 of public safety shall revoke the driver's license of a person 27.28 convicted of violating this section or an ordinance in 27.29 conformity with it as follows: 27.30 (1)firstfor an offense under subdivision 1: not less 27.31 than 30 days; 27.32 (2)firstfor an offense under subdivision 1a: not less 27.33 than 90 days; 27.34 (3)second offense in less than five years, or third or27.35subsequent offense on the recordfor an offense occurring within 27.36 five years after a prior impaired driving conviction or a prior 28.1 license revocation, or any time after the first of two or more 28.2 prior impaired driving convictions or prior license 28.3 revocations: (i) if the current conviction is for a violation 28.4 of subdivision 1, not less than 180 days and until the court has 28.5 certified that treatment or rehabilitation has been successfully 28.6 completed where prescribed in accordance with section 169.126; 28.7 or (ii) if the current conviction is for a violation of 28.8 subdivision 1a, not less than one year and until the court has 28.9 certified that treatment or rehabilitation has been successfully 28.10 completed where prescribed in accordance with section 169.126; 28.11 (4)third offense in less than five yearsfor an offense 28.12 occurring within five years after the first of two prior 28.13 impaired driving convictions or prior license revocations: not 28.14 less than one year, together with denial under section 171.04, 28.15 subdivision 1, clause (8), until rehabilitation is established 28.16 in accordance with standards established by the commissioner; 28.17 (5)fourth or subsequent offense on the recordfor an 28.18 offense occurring any time after the first of three or more 28.19 prior impaired driving convictions or prior license 28.20 revocations: not less than two years, together with denial 28.21 under section 171.04, subdivision 1, clause (8), until 28.22 rehabilitation is established in accordance with standards 28.23 established by the commissioner. 28.24 (b) If the person convicted of violating this section is 28.25 under the age of 21 years, the commissioner of public safety 28.26 shall revoke the offender's driver's license or operating 28.27 privileges for a period of six months or for the appropriate 28.28 period of time under paragraph (a), clauses (1) to (5), for the 28.29 offense committed, whichever is the greatest period. 28.30 (c) For purposes of this subdivision, a juvenile 28.31 adjudication under this section, section 169.129, an ordinance 28.32 in conformity with either of them, or a statute or ordinance 28.33 from another state in conformity with either of them is an 28.34 offense. 28.35 (d) Whenever department records show that the violation 28.36 involved personal injury or death to any person, not less than 29.1 90 additional days shall be added to the base periods provided 29.2 above. 29.3 (e) Except for a person whose license has been revoked 29.4 under paragraph (b), and except for a person who commits a 29.5 violation described in subdivision 3, paragraph (c), clause (4), 29.6 (child endangerment), any person whose license has been revoked 29.7 pursuant to section 169.123 as the result of the same incident, 29.8 and who does not have a prior impaired driving conviction or 29.9 prior license revocationas defined in subdivision 3within the 29.10 previous ten years, is subject to the mandatory revocation 29.11 provisions of paragraph (a), clause (1) or (2), in lieu of the 29.12 mandatory revocation provisions of section 169.123. 29.13 (f) As used in this subdivision, the terms "prior impaired 29.14 driving conviction" and "prior license revocation" have the 29.15 meanings given in subdivision 3, paragraph (a). 29.16 Sec. 46. Minnesota Statutes 1994, section 169.121, 29.17 subdivision 6, is amended to read: 29.18 Subd. 6. [PRELIMINARY SCREENING TEST.] (a) When a peace 29.19 officer has reason to believe from the manner in which a person 29.20 is driving, operating, controlling, or acting upon departure 29.21 from a motor vehicle, or has driven, operated, or controlled a 29.22 motor vehicle, that the driver may be violating or has violated 29.23 subdivision 1 or section 169.1211, the officer may require the 29.24 driver to provide a sample of the driver's breath for a 29.25 preliminary screening test using a device approved by the 29.26 commissioner of public safety for this purpose. 29.27 (b) The results of this preliminary screening test shall be 29.28 used for the purpose of deciding whether an arrest should be 29.29 made and whether to require the tests authorized in section 29.30 169.123, but shall not be used in any court action except (1) to 29.31 prove that a test was properly required of a person pursuant to 29.32 section 169.123, subdivision 2; (2) in a civil action arising 29.33 out of the operation or use of the motor vehicle; (3) in an 29.34 action for license reinstatement under section 171.19; or (4) in 29.35 a prosecution or juvenile court proceeding concerning a 29.36 violation of section 340A.503, subdivision 1, paragraph (a), 30.1 clause (2). 30.2 (c) Following the screening test additional tests may be 30.3 required of the driver pursuant to the provisions of section 30.4 169.123. 30.5 (d) The driver who refuses to furnish a sample of the 30.6 driver's breath is subject to the provisions of section 169.123 30.7 unless, in compliance with section 169.123, the driver submits 30.8 to a blood, breath or urine test to determine the presence of 30.9 alcoholor a controlled substance, drugs, impairing substances, 30.10 or hazardous substances. 30.11 Sec. 47. Minnesota Statutes 1994, section 169.121, 30.12 subdivision 10a, is amended to read: 30.13 Subd. 10a. [CIVIL ACTION; PUNITIVE DAMAGES.] In a civil 30.14 action involving a motor vehicle accident, it is sufficient for 30.15 the trier of fact to consider an award of punitive damages if 30.16 there is evidence that the accident was caused by a driver: 30.17 (1) witha bloodan alcohol concentration of .10 or more,; 30.18 (2) who was under the influence of acontrolled substance,30.19ordrug that affects the nervous system, brain, or muscles of 30.20 the person so as to impair the person's ability to drive or 30.21 operate the motor vehicle; 30.22 (3) who was under the influence of alcohol and refused to 30.23 take a test required under section 169.123, subdivision 2, is30.24sufficient for the trier of fact to consider an award of30.25punitive damages; or 30.26 (4) who was knowingly under the influence of a hazardous 30.27 substance or an impairing substance that affects the person's 30.28 nervous system, brain, or muscles so as to impair the person's 30.29 ability to drive or operate a motor vehicle. 30.30 A criminal charge or conviction is not a prerequisite to 30.31 consideration of punitive damages under this subdivision. At 30.32 the trial in an action where the trier of fact will consider an 30.33 award of punitive damages, evidence that the driver has been 30.34 convicted of violating this section, section 169.129, or 609.21 30.35 is admissible into evidence. 30.36 Sec. 48. [169.1218] [UNDERAGE DRINKING AND DRIVING.] 31.1 (a) It is a misdemeanor for a person under the age of 21 31.2 years to drive, operate, or be in physical control of a motor 31.3 vehicle while consuming alcoholic beverages, or after having 31.4 consumed alcoholic beverages while there is physical evidence of 31.5 the consumption present in the person's body. 31.6 (b) When a person is found to have committed an offense 31.7 under paragraph (a), the court shall notify the commissioner of 31.8 public safety of its determination. Upon receipt of the court's 31.9 determination, the commissioner shall suspend the person's 31.10 driver's license or operating privileges for 30 days, or for 180 31.11 days if the person has previously been found to have violated 31.12 paragraph (a) or a statute or ordinance in conformity with 31.13 paragraph (a). 31.14 (c) If the person's conduct violates section 169.121, 31.15 subdivision 1, or 169.1211, the penalties and license sanctions 31.16 in those laws apply instead of the license sanction in paragraph 31.17 (b). 31.18 (d) An offense under paragraph (a) may be prosecuted either 31.19 at the place where consumption occurs or the place where 31.20 evidence of consumption is observed. 31.21 Sec. 49. Minnesota Statutes 1994, section 169.123, 31.22 subdivision 2, is amended to read: 31.23 Subd. 2. [IMPLIED CONSENT; CONDITIONS; ELECTION OF TEST.] 31.24 (a) Any person who drives, operates, or is in physical control 31.25 of a motor vehicle within this state or upon the ice of any 31.26 boundary water of this state consents, subject to the provisions 31.27 of this section and sections 169.121 and 169.1211, to a chemical 31.28 test of that person's blood, breath, or urine for the purpose of 31.29 determining the presence of alcoholor a controlled substance, 31.30 drugs, impairing substances, or hazardous substances. The test 31.31 shall be administered at the direction of a peace officer. The 31.32 test may be required of a person when an officer has probable 31.33 cause to believe the person was driving, operating, or in 31.34 physical control of a motor vehicle in violation of section 31.35 169.121 and one of the following conditions exist: 31.36 (1) the person has been lawfully placed under arrest for 32.1 violation of section 169.121, or an ordinance in conformity with 32.2 it; 32.3 (2) the person has been involved in a motor vehicle 32.4 accident or collision resulting in property damage, personal 32.5 injury, or death; 32.6 (3) the person has refused to take the screening test 32.7 provided for by section 169.121, subdivision 6; or 32.8 (4) the screening test was administered and indicated an 32.9 alcohol concentration of 0.10 or more or the presence of a drug, 32.10 impairing substance, or hazardous substance. 32.11 The test may also be required of a person when an officer 32.12 has probable cause to believe the person was driving, operating, 32.13 or in physical control of a commercial motor vehicle with the 32.14 presence of any alcohol. 32.15 (b) At the time a test is requested, the person shall be 32.16 informed: 32.17 (1) that Minnesota law requires the person to take a test: 32.18 (i) to determine if the person is under the influence of alcohol 32.19or, drugs, impairing substances, or hazardous substances; (ii) 32.20 to determine the presence of a controlled substance listed in 32.21 schedule I or II; or,(iii) if the motor vehicle was a 32.22 commercial motor vehicle,that Minnesota law requires the person32.23to take a testto determine the presence of alcohol; 32.24 (2) that refusal to take a test is a crime; 32.25 (3) if the peace officer has probable cause to believe the 32.26 person has violated the criminal vehicular homicide and injury 32.27 laws, that a test will be taken with or without the person's 32.28 consent; and 32.29 (4) that the person has the right to consult with an 32.30 attorney, but that this right is limited to the extent that it 32.31 cannot unreasonably delay administration of the test. 32.32 (c) The peace officer who requires a test pursuant to this 32.33 subdivision may direct whether the test shall be of blood, 32.34 breath, or urine. Action may be taken against a person who 32.35 refuses to take a blood test only if an alternative test was 32.36 offered and action may be taken against a person who refuses to 33.1 take a urine test only if an alternative test was offered. 33.2 Sec. 50. Minnesota Statutes 1994, section 169.123, 33.3 subdivision 2a, is amended to read: 33.4 Subd. 2a. [REQUIREMENT OF URINE OR BLOOD TEST.] 33.5 Notwithstanding subdivision 2, if there is probable cause to 33.6 believe (1) there is impairment by a drug, impairing substance, 33.7 or hazardous substance, or (2) that a controlled substance 33.8 listed in schedule I or II is present in the person's body, that 33.9 is not subject to testing by a breath test, a urine or blood 33.10 test may be required even after a breath test has been 33.11 administered. Action may be taken against a person who refuses 33.12 to take a blood test under this subdivision only if a urine test 33.13 was offered and action may be taken against a person who refuses 33.14 to take a urine test only if a blood test was offered. 33.15 Sec. 51. Minnesota Statutes 1994, section 169.123, 33.16 subdivision 3, is amended to read: 33.17 Subd. 3. [MANNER OF MAKING TEST; ADDITIONAL TESTS.] (a) 33.18 Only a physician, medical technician, physician's trained mobile 33.19 intensive care paramedic, registered nurse, medical technologist 33.20 or laboratory assistant acting at the request of a peace officer 33.21 may withdraw blood for the purpose of determining the presence 33.22 of alcoholor controlled substance, drugs, impairing substances, 33.23 or hazardous substances. This limitation does not apply to the 33.24 taking of a breath or urine sample. The person tested has the 33.25 right to have someone of the person's own choosing administer a 33.26 chemical test or tests in addition to any administered at the 33.27 direction of a peace officer; provided, that the additional test 33.28 sample on behalf of the person is obtained at the place where 33.29 the person is in custody, after the test administered at the 33.30 direction of a peace officer, and at no expense to the state. 33.31 (b) The failure or inability to obtain an additional test 33.32 or tests by a person shall not preclude the admission in 33.33 evidence of the test taken at the direction of a peace officer 33.34 unless the additional test was prevented or denied by the peace 33.35 officer. 33.36 (c) The physician, medical technician, physician's trained 34.1 mobile intensive care paramedic, medical technologist, 34.2 laboratory assistant or registered nurse drawing blood at the 34.3 request of a peace officer for the purpose of 34.4 determiningalcoholthe concentration of alcohol, drugs, 34.5 impairing substances, or hazardous substances shall in no manner 34.6 be liable in any civil or criminal action except for negligence 34.7 in drawing the blood. The person administering a breath test 34.8 shall be fully trained in the administration of breath tests 34.9 pursuant to training given by the commissioner of public safety. 34.10 Sec. 52. Minnesota Statutes 1994, section 169.123, 34.11 subdivision 4, is amended to read: 34.12 Subd. 4. [REFUSAL; REVOCATION OF LICENSE.] (a) If a person 34.13 refuses to permit a test, none shall be given, but the peace 34.14 officer shall report the refusal to the commissioner of public 34.15 safety and the authority having responsibility for prosecution 34.16 of misdemeanor offenses for the jurisdiction in which the acts 34.17 occurred. However, if a peace officer has probable cause to 34.18 believe that the person has violated section 609.21, a test may 34.19 be required and obtained despite the person's refusal. A 34.20 refusal to submit to an alcohol concentration test does not 34.21 constitute a violation of section 609.50, unless the refusal was 34.22 accompanied by force or violence or the threat of force or 34.23 violence. 34.24 (b) If a person submits to a test and the test results 34.25 indicate an alcohol concentration of 0.10 or more or the 34.26 presence of drugs, impairing substances, or hazardous 34.27 substances, or if a person was driving, operating, or in 34.28 physical control of a commercial motor vehicle and the test 34.29 results indicate an alcohol concentration of 0.04 or more, the 34.30 results of the test shall be reported to the commissioner of 34.31 public safety and to the authority having responsibility for 34.32 prosecution of misdemeanor offenses for the jurisdiction in 34.33 which the acts occurred. 34.34 (c) Upon certification by the peace officer that there 34.35 existed probable cause to believe the person had been driving, 34.36 operating, or in physical control of a motor vehiclewhile under35.1the influence of alcohol or a controlled substancein violation 35.2 of section 169.121 and that the person refused to submit to a 35.3 test, the commissioner of public safety shall revoke the 35.4 person's license or permit to drive, or nonresident operating 35.5 privilege, for a period of one year even if a test was obtained 35.6 pursuant to this section after the person refused to submit to 35.7 testing. 35.8 (d) Upon certification by the peace officer that there 35.9 existed probable cause to believe the person had been driving, 35.10 operating, or in physical control of a commercial motor vehicle 35.11 with the presence of any alcohol, drugs, impairing substances, 35.12 or hazardous substances, and that the person refused to submit 35.13 to a test, the commissioner shall disqualify the person from 35.14 operating a commercial motor vehicle for a period of one year 35.15 under section 171.165 and shall revoke the person's license or 35.16 permit to drive or nonresident operating privilege for a period 35.17 of one year. 35.18 (e) Upon certification by the peace officer that there 35.19 existed probable cause to believe the person had been driving, 35.20 operating or in physical control of a motor vehiclewhile under35.21the influence of alcohol or a controlled substancein violation 35.22 of section 169.121 and that the person submitted to a test and 35.23 the test results indicate an alcohol concentration of 0.10 or 35.24 more or the presence of a drug, impairing substance, or 35.25 hazardous substance, the commissioner of public safety shall 35.26 revoke the person's license or permit to drive, or nonresident 35.27 operating privilege, for: 35.28 (1) for a period of 90 days; or 35.29 (2) if the person is under the age of 21 years, for a 35.30 period of six months; or 35.31 (3)if the person's driver's license or driving privileges35.32have been revokedfor a person with a prior impaired driving 35.33 conviction or prior license revocation within the past five 35.34 yearsunder this section or section 169.121, for a period of 180 35.35 days. 35.36 (f) On certification by the peace officer that there 36.1 existed probable cause to believe the person had been driving, 36.2 operating, or in physical control of a commercial motor vehicle 36.3 with any presence of alcohol and that the person submitted to a 36.4 test and the test results indicated an alcohol concentration of 36.5 0.04 or more, the commissioner of public safety shall disqualify 36.6 the person from operating a commercial motor vehicle under 36.7 section 171.165. 36.8 (g) If the person is a resident without a license or permit 36.9 to operate a motor vehicle in this state, the commissioner of 36.10 public safety shall deny to the person the issuance of a license 36.11 or permit for the same period after the date of the alleged 36.12 violation as provided herein for revocation, subject to review 36.13 as hereinafter provided. 36.14 (h) As used in this subdivision, the terms "prior impaired 36.15 driving conviction" and "prior license revocation" have the 36.16 meanings given in section 169.121, subdivision 3, paragraph (a). 36.17 Sec. 53. Minnesota Statutes 1994, section 169.123, 36.18 subdivision 6, is amended to read: 36.19 Subd. 6. [HEARING.] (a) A hearing under this section shall 36.20 be before amunicipal or countydistrict judge,in any county in 36.21 the judicial district where the alleged offense occurred. The 36.22 hearing shall be to the court and may be conducted at the same 36.23 time and in the same manner as hearings upon pretrial motions in 36.24 the criminal prosecution under section 169.121, if any. The 36.25 hearing shall be recorded. The commissioner of public safety 36.26 shall appear and be represented by the attorney general or 36.27 through the prosecuting authority for the jurisdiction involved. 36.28 The hearing shall be held at the earliest practicable date, and 36.29 in any event no later than 60 days following the filing of the 36.30 petition for review. The judicial district administrator shall 36.31 establish procedures to ensure efficient compliance withthe36.32provisions ofthis subdivision. To accomplish this, the 36.33 administrator may, whenever possible, consolidate and transfer 36.34 review hearings among the county courts within the judicial 36.35 district. 36.36 (b) The scope of the hearing shall be limited to the issues 37.1ofin clauses (1) to (9): 37.2 (1)whetherDid the peace officerhadhave probable cause 37.3 to believe the person was driving, operating, or in physical 37.4 control of: 37.5 (i) a motor vehicle while under the influence of alcoholor37.6a controlled substance, drugs, impairing substances, or 37.7 hazardous substances; or 37.8 (ii) a commercial motor vehiclewith any presence of37.9alcohol, and whetherin violation of section 169.1211? 37.10 (2) Was the personwaslawfully placed under arrest for 37.11 violation of section 169.121 or 169.1211, or? 37.12 (3) Was the personwasinvolved in a motor vehicle accident 37.13 or collision resulting in property damage, personal injury or 37.14 death, or? 37.15 (4) Did the personrefusedrefuse to take a screening test 37.16 provided for by section 169.121, subdivision 6, or? 37.17 (5) If the screening test was administeredand recorded, 37.18 did the test record an alcohol concentration of 0.10 or more;37.19andor the presence of a drug, impairing substance, or hazardous 37.20 substance? 37.21(2) whether(6) At the time of the request for the test, 37.22 did the peace officerinformedinform the person of the person's 37.23 rights and the consequences of taking or refusing the test as 37.24 required by subdivision 2; and? 37.25(3) either (a) whether(7) Did the personrefusedrefuse to 37.26 permit the test, or (b) whether? 37.27 (8) If a test was takenand: 37.28 (i) by a person driving, operating, or in physical control 37.29 of a motor vehicle, did the test resultsindicatedindicate an 37.30 alcohol concentration of 0.10 or more at the time of testing,or 37.31 the presence of a drug, impairing substance, or hazardous 37.32 substance; orif a test was taken37.33 (ii) by a person driving, operating, or in physical control 37.34 of a commercial motor vehicleand, did the test results 37.35indicatedindicate an alcohol concentration of 0.04 or more at 37.36 the time of testing; whether? 38.1 (9) Was the testing method usedwasvalid and reliable;and 38.2whetherwere the test resultswereaccurately evaluated.? 38.3 (c) It shall be an affirmative defense for the petitioner 38.4 to prove that, at the time of the refusal, the petitioner's 38.5 refusal to permit the test was based upon reasonable grounds. 38.6 (d) Certified or otherwise authenticated copies of 38.7 laboratory or medical personnel reports, records, documents, 38.8 licenses and certificates shall be admissible as substantive 38.9 evidence. 38.10 (e) The court shall order that the revocation or 38.11 disqualification be either rescinded or sustained and forward 38.12 the order to the commissioner of public safety. The court shall 38.13 file its order within 14 days following the hearing. If the 38.14 revocation or disqualification is sustained, the court shall 38.15 also forward the person's driver's license or permit to the 38.16 commissioner of public safety for further action by the 38.17 commissioner of public safety if the license or permit is not 38.18 already in the commissioner's possession. 38.19 Sec. 54. Minnesota Statutes 1994, section 169.129, is 38.20 amended to read: 38.21 169.129 [AGGRAVATED VIOLATIONS; PENALTY.] 38.22 Any person is guilty of a gross misdemeanor who drives, 38.23 operates, or is in physical control of a motor vehicle, the 38.24 operation of which requires a driver's license, within this 38.25 state or upon the ice of any boundary water of this state in 38.26 violation of section 169.121 or an ordinance in conformity with 38.27 it before the person's driver's license or driver's privilege 38.28 has been reinstated following its cancellation, suspension, 38.29 revocation, or denial under any of the following: section 38.30 169.121, 169.1211, or 169.123; section 171.04, 171.14, 171.16, 38.31 171.17, or 171.18 because of an alcohol-related incident; 38.32 section 609.21, subdivision 1, clauses (2) to(4)(7); 609.21, 38.33 subdivision 2, clauses (2) to(4)(7); 609.21, subdivision 2a, 38.34 clauses (2) to(4)(7); 609.21, subdivision 2b, clauses (2) to 38.35 (7); 609.21, subdivision 3, clauses (2) to(4)(7); or 609.21, 38.36 subdivision 4, clauses (2) to(4)(7). 39.1 The attorney in the jurisdiction in which the violation of 39.2 this section occurred who is responsible for prosecution of 39.3 misdemeanor violations of section 169.121 shall also be 39.4 responsible for prosecution of violations of this section. 39.5 Sec. 55. Minnesota Statutes 1994, section 169.791, is 39.6 amended by adding a subdivision to read: 39.7 Subd. 5a. [CONSECUTIVE SENTENCES.] The court may impose 39.8 consecutive sentences for offenses arising out of a single 39.9 course of conduct as permitted in section 609.035, subdivision 2. 39.10 Sec. 56. Minnesota Statutes 1994, section 169.797, 39.11 subdivision 4, is amended to read: 39.12 Subd. 4. [PENALTY.] (a) A person who violates this section 39.13 is guilty of a misdemeanor. A person is guilty of a gross 39.14 misdemeanor who violates this section within ten years of the 39.15 first of two prior convictions under this section, section 39.16 169.791, or a statute or ordinance in conformity with one of 39.17 those sections. The operator of a vehicle who violates 39.18 subdivision 3 and who causes or contributes to causing a vehicle 39.19 accident that results in the death of any person or in 39.20 substantial bodily harm to any person, as defined in section 39.21 609.02, subdivision 7a, is guilty of a gross misdemeanor. The 39.22 same prosecuting authority who is responsible for prosecuting 39.23 misdemeanor violations of this section is responsible for 39.24 prosecuting gross misdemeanor violations of this section. In 39.25 addition to any sentence of imprisonment that the court may 39.26 impose on a person convicted of violating this section, the 39.27 court shall impose a fine of not less than $200 nor more than 39.28 the maximum amount authorized by law. The court may allow 39.29 community service in lieu of any fine imposed if the defendant 39.30 is indigent. 39.31 (b) The court may impose consecutive sentences for offenses 39.32 arising out of a single course of conduct as permitted in 39.33 section 609.035, subdivision 2. 39.34 (c) In addition to the criminal penalty, the driver's 39.35 license of an operator convicted under this section shall be 39.36 revoked for not more than 12 months. If the operator is also an 40.1 owner of the vehicle, the registration of the vehicle shall also 40.2 be revoked for not more than 12 months. Before reinstatement of 40.3 a driver's license or registration, the operator shall file with 40.4 the commissioner of public safety the written certificate of an 40.5 insurance carrier authorized to do business in this state 40.6 stating that security has been provided by the operator as 40.7 required by section 65B.48. 40.8(c)(d) The commissioner shall include a notice of the 40.9 penalties contained in this section on all forms for 40.10 registration of vehicles required to maintain a plan of 40.11 reparation security. 40.12 Sec. 57. Minnesota Statutes 1995 Supplement, section 40.13 171.18, subdivision 1, is amended to read: 40.14 Subdivision 1. [OFFENSES.] The commissioner may suspend 40.15 the license of a driver without preliminary hearing upon a 40.16 showing by department records or other sufficient evidence that 40.17 the licensee: 40.18 (1) has committed an offense for which mandatory revocation 40.19 of license is required upon conviction; 40.20 (2) has been convicted by a court for violating a provision 40.21 of chapter 169 or an ordinance regulating traffic and department 40.22 records show that the violation contributed in causing an 40.23 accident resulting in the death or personal injury of another, 40.24 or serious property damage; 40.25 (3) is an habitually reckless or negligent driver of a 40.26 motor vehicle; 40.27 (4) is an habitual violator of the traffic laws; 40.28 (5) is incompetent to drive a motor vehicle as determined 40.29 in a judicial proceeding; 40.30 (6) has permitted an unlawful or fraudulent use of the 40.31 license; 40.32 (7) has committed an offense in another state that, if 40.33 committed in this state, would be grounds for suspension; 40.34 (8) has committed a violation of section 169.444, 40.35 subdivision 2, paragraph (a), within five years of a prior 40.36 conviction under that section; 41.1 (9) has committed a violation of section 171.22, except 41.2 that the commissioner may not suspend a person's driver's 41.3 license based solely on the fact that the person possessed a 41.4 fictitious or fraudulently altered Minnesota identification 41.5 card; 41.6 (10) has failed to appear in court as provided in section 41.7 169.92, subdivision 4;or41.8 (11) has failed to report a medical condition that, if 41.9 reported, would have resulted in cancellation of driving 41.10 privileges; or 41.11 (12) has been found to have committed an offense under 41.12 section 169.1218, paragraph (a). 41.13 However, an action taken by the commissioner under clause 41.14 (2) or (5) must conform to the recommendation of the court when 41.15 made in connection with the prosecution of the licensee. 41.16 Sec. 58. Minnesota Statutes 1994, section 171.30, 41.17 subdivision 2a, is amended to read: 41.18 Subd. 2a. [OTHER WAITING PERIODS.] Notwithstanding 41.19 subdivision 2, a limited license shall not be issued for a 41.20 period of: 41.21 (1) 15 days, to a person whose license or privilege has 41.22 been revoked or suspended for a violation of section 169.121, 41.23 169.123, or a statute or ordinance from another state in 41.24 conformity with either of those sections; 41.25 (2) 90 days, to a person who submitted to testing under 41.26 section 169.123 if the person's license or privilege has been 41.27 revoked or suspended for a second or subsequent violation of 41.28 section 169.121, 169.123, or a statute or ordinance from another 41.29 state in conformity with either of those sections; 41.30 (3) 180 days, to a person: 41.31 (i) who refused testing under section 169.123 if the 41.32 person's license or privilege has been revoked or suspended for 41.33 a second or subsequent violation of section 169.121, 169.123, or 41.34 a statute or ordinance from another state in conformity with 41.35 either of those sections; or 41.36 (ii) whose license or privilege has been revoked or 42.1 suspended for a violation of section 609.21, subdivision 2b; or 42.2 (4) one year, to a person whose license or privilege has 42.3 been revoked or suspended for committing manslaughter resulting 42.4 from the operation of a motor vehicle, committing criminal 42.5 vehicular homicide or injury under section 609.21, subdivisions 42.6 1, 2, 2a, 3, or 4, or violating a statute or ordinance from 42.7 another state in conformity with either of those offenses. 42.8 Sec. 59. Minnesota Statutes 1994, section 171.30, is 42.9 amended by adding a subdivision to read: 42.10 Subd. 2b. [WAITING PERIODS FOR YOUTH UNDER 18.] If a 42.11 person whose driver's license was suspended or revoked for a 42.12 violation listed under subdivision 2 or 2a is under the age of 42.13 18 years at the time of that violation, the commissioner shall 42.14 not issue a limited license to the person for a period of time 42.15 that is the longest of: (1) 90 days; (2) twice the length of 42.16 the period specified for that violation in subdivision 2 or 2a; 42.17 or (3) until the person's 18th birthday. 42.18 Sec. 60. [171.302] [LICENSE VIOLATIONS; CONSECUTIVE 42.19 SENTENCING.] 42.20 When sentencing an offender for violating section 171.20, 42.21 subdivision 2; 171.24; or 171.30, the court may impose 42.22 consecutive sentences for offenses arising out of a single 42.23 course of conduct as permitted in section 609.035, subdivision 2. 42.24 Sec. 61. Minnesota Statutes 1995 Supplement, section 42.25 340A.503, subdivision 1, is amended to read: 42.26 Subdivision 1. [CONSUMPTION.] (a) It is unlawful for any: 42.27 (1) retail intoxicating liquor or nonintoxicating liquor 42.28 licensee, municipal liquor store, or bottle club permit holder 42.29 under section 340A.414, to permit any person under the age of 21 42.30 years to drink alcoholic beverages on the licensed premises or 42.31 within the municipal liquor store; or 42.32 (2) person under the age of 21 years to consume any 42.33 alcoholic beverages. If proven by a preponderance of the 42.34 evidence, it is an affirmative defense to a violation of this 42.35 clause that the defendant consumed the alcoholic beverage in the 42.36 household of the defendant's parent or guardian and with the 43.1 consent of the parent or guardian. 43.2 (b) An offense under paragraph (a), clause (2), may be 43.3 prosecuted either at the place where consumption occurs or the 43.4 place where evidence of consumption is observed. 43.5 (c)When a person is convicted of or adjudicated for an43.6offense under paragraph (a), clause (2), the court shall43.7determine whether the person consumed the alcohol while43.8operating a motor vehicle. If so, the court shall notify the43.9commissioner of public safety of its determination. Upon43.10receipt of the court's determination, the commissioner shall43.11suspend the person's driver's license or operating privileges43.12for 30 days, or for 180 days if the person has previously been43.13convicted of or adjudicated for an offense under paragraph (a),43.14clause (2).43.15(d)As used in this subdivision, "consume" includes the 43.16 ingestion of an alcoholic beverage and the physical condition of 43.17 having ingested an alcoholic beverage. 43.18 Sec. 62. Minnesota Statutes 1994, section 360.0752, 43.19 subdivision 1, is amended to read: 43.20 Subdivision 1. [DEFINITIONDEFINITIONS.] As used in this 43.21 section and section 360.0753,: 43.22 (1) "operate" includes the acts of all crew members with 43.23 responsibility to operate the aircraft; 43.24 (2) "drug" has the meaning given in section 151.01, 43.25 subdivision 5, including controlled substances as defined in 43.26 section 152.01, subdivision 4; 43.27 (3) "hazardous substance" means any chemical or chemical 43.28 compound that is listed as a hazardous substance in rules 43.29 adopted under chapter 182; and 43.30 (4) "impairing substance" means any substance or 43.31 combination of substances, other than alcohol, a drug, or a 43.32 hazardous substance, which has the capacity to affect the 43.33 nervous system, brain, or muscles of a person so as to impair 43.34 the person's ability or capacity to drive, operate, or be in 43.35 physical control of a motor vehicle. 43.36 Sec. 63. Minnesota Statutes 1994, section 360.0752, 44.1 subdivision 2, is amended to read: 44.2 Subd. 2. [CRIME; ACTS PROHIBITED.] It is a crime for any 44.3 person to operate or attempt to operate an aircraft on or over 44.4 land or water within this state or over any boundary water of 44.5 this state: 44.6 (a) when the person is under the influence of alcohol; 44.7 (b) when the person is under the influence of acontrolled44.8substance, as defined in section 152.01, subdivision 4drug that 44.9 affects the nervous system, brain, or muscles of the person so 44.10 as to impair the person's ability to operate the aircraft; 44.11 (c) when the person is under the influence of a combination 44.12 of any two or more of the elements named in clauses (a), (b), 44.13 and (f); 44.14 (d) when the person's alcohol concentration is 0.04 or 44.15 more; 44.16 (e) when the person's alcohol concentration as measured 44.17 within two hours of the time of operation or attempted operation 44.18 is 0.04 or more; 44.19 (f) when the person is knowingly under the influence ofany44.20chemical compound or combination of chemical compounds that is44.21listed asa hazardous substancein rules adopted under section44.22182.655 andor an impairing substance that affects the nervous 44.23 system, brain, or muscles of the person so as tosubstantially44.24 impair the person's ability to operate the aircraft; or 44.25 (g) within eight hours of having consumed any alcoholic 44.26 beverage or used any controlled substance. 44.27 Sec. 64. Minnesota Statutes 1994, section 360.0752, 44.28 subdivision 5, is amended to read: 44.29 Subd. 5. [EVIDENCE.] Upon the trial of any prosecution 44.30 arising out of acts alleged to have been committed by any person 44.31 arrested for operating or attempting to operate an aircraft in 44.32 violation of subdivision 2, the court may admit evidence of the 44.33 amount of alcoholor a controlled substance, drugs, impairing 44.34 substances, or hazardous substances in the person's blood, 44.35 breath, or urine as shown by an analysis of those items. 44.36 Evidence of the refusal to take a test is admissible into 45.1 evidence in a prosecution under this section. 45.2 If proven by a preponderance of the evidence, it shall be 45.3 an affirmative defense to a violation of subdivision 2, clause 45.4 (e), that the defendant consumed a sufficient quantity of 45.5 alcohol after the time of the violation and before the 45.6 administration of the evidentiary test to cause the defendant's 45.7 alcohol concentration to exceed 0.04; provided, that this 45.8 evidence may not be admitted unless notice is given to the 45.9 prosecution prior to the omnibus or pretrial hearing in the 45.10 matter. 45.11 The foregoing provisions do not limit the introduction of 45.12 any other competent evidence bearing upon the question whether 45.13 or not the person violated this section, including tests 45.14 obtained more than two hours after the alleged violation and 45.15 results obtained from partial tests on an infrared 45.16 breath-testing instrument. A result from a partial test is the 45.17 measurement obtained by analyzing one adequate breath sample, as 45.18 defined in section 360.0753, subdivision 4, paragraph (b). 45.19 Sec. 65. Minnesota Statutes 1994, section 360.0752, 45.20 subdivision 7, is amended to read: 45.21 Subd. 7. [PRELIMINARY SCREENING TEST.] When a peace 45.22 officer has reason to believe that a person may be violating or 45.23 has violated subdivision 2, the officer may require the person 45.24 to provide a sample of the person's breath for a preliminary 45.25 screening test using a device approved by the commissioner of 45.26 public safety or the commissioner of transportation for this 45.27 purpose. The results of this preliminary screening test shall 45.28 be used for the purpose of deciding whether to require the tests 45.29 authorized in section 360.0753, but shall not be used in any 45.30 court action except to prove that a test was properly required 45.31 of a person pursuant to section 360.0753. Following the 45.32 screening test, additional tests may be required of the person 45.33 pursuant to the provisions of section 360.0753. 45.34 A person who refuses to furnish a sample of the person's 45.35 breath is subject to the provisions of section 360.0753 unless, 45.36 in compliance with section 360.0753, the person submits to a 46.1 blood, breath, or urine test to determine the presence of 46.2 alcoholor a controlled substance, drugs, impairing substances, 46.3 or hazardous substances. 46.4 Sec. 66. Minnesota Statutes 1994, section 360.0753, 46.5 subdivision 2, is amended to read: 46.6 Subd. 2. [IMPLIED CONSENT; CONDITIONS; ELECTION AS TO TYPE 46.7 OF TEST.] (a) Any person who operates or attempts to operate an 46.8 aircraft in or over this state or over any boundary water of 46.9 this state consents, subject to the provisions of this section 46.10 and section 360.0752, to a chemical test of that person's blood, 46.11 breath, or urine for the purpose of determining the presence of 46.12 alcoholor a controlled substance, drugs, impairing substances, 46.13 or hazardous substances. The test shall be administered at the 46.14 direction of a peace officer. The test may be required of a 46.15 person when an officer has probable cause to believe the person 46.16 was operating or attempting to operate an aircraft in violation 46.17 of section 360.0752 and one of the following conditions exists: 46.18 (1) the person has been lawfully placed under arrest for 46.19 violation of section 360.0752; 46.20 (2) the person has been involved in an aircraft accident or 46.21 collision resulting in property damage, personal injury, or 46.22 death; 46.23 (3) the person has refused to take the screening test 46.24 provided for by section 360.0752; 46.25 (4) the screening test was administered and recorded an 46.26 alcohol concentration of 0.04 or more or the presence of a drug, 46.27 impairing substance, or hazardous substance; or 46.28 (5) the officer had probable cause to believe that the 46.29 person was operating or attempting to operate an aircraft with 46.30 any amount of alcohol present in the person's body. 46.31 (b) At the time a test is requested, the person shall be 46.32 informed: 46.33 (1) that Minnesota law requires the person to take a test 46.34 to determine the presence of alcohol, drugs, impairing 46.35 substances, or hazardous substances or to determine if the 46.36 person is under the influence of alcoholor a controlled47.1substance, drugs, impairing substances, or hazardous substances; 47.2 (2) that whether a test is taken or refused, the person may 47.3 be subject to criminal prosecution for an alcoholor controlled47.4substance, drug, impairing substance, or hazardous substance 47.5 related offense relating to the operation of an aircraft; 47.6 (3) that if testing is refused, the person may be subject 47.7 to criminal prosecution because the person refused testing and 47.8 the person will be disqualified from operating an aircraft for a 47.9 minimum period of one year; 47.10 (4) if the peace officer has probable cause to believe the 47.11 person has violated the criminal vehicular homicide and injury 47.12 laws, that a test will be taken with or without the person's 47.13 consent; and 47.14 (5) that the person has the right to consult with an 47.15 attorney, but that this right is limited to the extent that it 47.16 cannot unreasonably delay administration of the test. 47.17 (c) The peace officer who requires a test pursuant to this 47.18 subdivision may direct whether the test shall be of blood, 47.19 breath, or urine. Action may be taken against a person who 47.20 refuses to take a blood test only if an alternative test was 47.21 offered, and action may be taken against a person who refuses to 47.22 take a urine test only if an alternative test was offered. 47.23 Sec. 67. Minnesota Statutes 1994, section 360.0753, 47.24 subdivision 3, is amended to read: 47.25 Subd. 3. [REQUIREMENT OF URINE OR BLOOD TEST.] 47.26 Notwithstanding subdivision 2, if there is probable cause to 47.27 believe there is impairment by acontrolleddrug, impairing 47.28 substance, or hazardous substance that is not subject to testing 47.29 by a breath test, then a urine or blood test may be required 47.30 even after a breath test has been administered. Action may be 47.31 taken against a person who refuses to take a blood test under 47.32 this subdivision only if a urine test was offered, and action 47.33 may be taken against a person who refuses to take a urine test 47.34 only if a blood test was offered. 47.35 Sec. 68. Minnesota Statutes 1994, section 360.0753, 47.36 subdivision 6, is amended to read: 48.1 Subd. 6. [MANNER OF MAKING TEST; ADDITIONAL TESTS.] (a) 48.2 Only a physician, medical technician, physician's trained mobile 48.3 intensive care paramedic, registered nurse, medical 48.4 technologist, or laboratory assistant acting at the request of a 48.5 peace officer may withdraw blood for the purpose of determining 48.6 the presence of alcoholor controlled substance, drugs, 48.7 impairing substances, or hazardous substances. This limitation 48.8 does not apply to the taking of a breath or urine sample. The 48.9 person tested has the right to have someone of the person's own 48.10 choosing administer a chemical test or tests in addition to any 48.11 administered at the direction of a peace officer; provided, that 48.12 the additional test sample on behalf of the person is obtained 48.13 at the place where the person is in custody, after the test 48.14 administered at the direction of a peace officer, and at no 48.15 expense to the state. 48.16 (b) The failure or inability to obtain an additional test 48.17 or tests by a person shall not preclude the admission in 48.18 evidence of the test taken at the direction of a peace officer 48.19 unless the additional test was prevented or denied by the peace 48.20 officer. 48.21 (c) The physician, medical technician, physician's trained 48.22 mobile intensive care paramedic, medical technologist, 48.23 laboratory assistant, or registered nurse drawing blood at the 48.24 request of a peace officer for the purpose of 48.25 determiningalcoholthe concentration of alcohol, drugs, 48.26 impairing substances, or hazardous substances shall in no manner 48.27 be liable in any civil or criminal action except for negligence 48.28 in drawing the blood. The person administering a breath test 48.29 shall be fully trained in the administration of breath tests 48.30 pursuant to training given by the commissioner of public safety 48.31 or the commissioner of transportation. 48.32 Sec. 69. Minnesota Statutes 1994, section 609.21, is 48.33 amended to read: 48.34 609.21 [CRIMINAL VEHICULAR HOMICIDE AND INJURY.] 48.35 Subdivision 1. [CRIMINAL VEHICULAR HOMICIDE.] Whoever 48.36 causes the death of a human being not constituting murder or 49.1 manslaughter as a result of operating a motor vehicle, 49.2 (1) in a grossly negligent manner; 49.3 (2) in a negligent manner while under the influence of: 49.4 (i) alcohol,; 49.5 (ii) acontrolled substance,drug that affects the nervous 49.6 system, brain, or muscles of the person so as to impair the 49.7 person's ability to operate the motor vehicle; or 49.8 (iii) any combination of those elements; 49.9 (3) while having an alcohol concentration of 0.10 or more; 49.10or49.11 (4) while having an alcohol concentration of 0.10 or more, 49.12 as measured within two hours of the time of driving; 49.13 (5) in a negligent manner while knowingly under the 49.14 influence of a hazardous substance or an impairing substance; 49.15 (6) in a negligent manner while any amount of a controlled 49.16 substance listed in schedule I or II is present in the person's 49.17 body; or 49.18 (7) and, having caused the accident, leaves the scene of 49.19 the accident in violation of section 169.09, subdivision 1 or 6, 49.20 is guilty of criminal vehicular homicide resulting in death and 49.21 may be sentenced to imprisonment for not more than ten years or 49.22 to payment of a fine of not more than $20,000, or both. 49.23 Subd. 2. [RESULTING IN GREAT BODILY HARM.] Whoever causes 49.24 great bodily harm to another, not constituting attempted murder 49.25 or assault, as a result of operating a motor vehicle, 49.26 (1) in a grossly negligent manner; 49.27 (2) in a negligent manner while under the influence of: 49.28 (i) alcohol,; 49.29 (ii) acontrolled substance,drug that affects the nervous 49.30 system, brain, or muscles of the person so as to impair the 49.31 person's ability to operate the motor vehicle; or 49.32 (iii) any combination of those elements; 49.33 (3) while having an alcohol concentration of 0.10 or more; 49.34or49.35 (4) while having an alcohol concentration of 0.10 or more, 49.36 as measured within two hours of the time of driving; 50.1 (5) in a negligent manner while knowingly under the 50.2 influence of a hazardous substance or an impairing substance; 50.3 (6) in a negligent manner while any amount of a controlled 50.4 substance listed in schedule I or II is present in the person's 50.5 body; or 50.6 (7) and, having caused the accident, leaves the scene of 50.7 the accident in violation of section 169.09, subdivision 1 or 6, 50.8 is guilty of criminal vehicular operation resulting in great 50.9 bodily harm and may be sentenced to imprisonment for not more 50.10 than five years or to payment of a fine of not more than 50.11 $10,000, or both. 50.12 Subd. 2a. [RESULTING IN SUBSTANTIAL BODILY HARM.] Whoever 50.13 causes substantial bodily harm to another, as a result of 50.14 operating a motor vehicle, 50.15 (1) in a grossly negligent manner; 50.16 (2) in a negligent manner while under the influence of: 50.17 (i) alcohol,; 50.18 (ii) acontrolled substance,drug that affects the nervous 50.19 system, brain, or muscles of the person so as to impair the 50.20 person's ability to operate the motor vehicle; or 50.21 (iii) any combination of those elements; 50.22 (3) while having an alcohol concentration of 0.10 or more; 50.23or50.24 (4) while having an alcohol concentration of 0.10 or more, 50.25 as measured within two hours of the time of driving; 50.26 (5) in a negligent manner while knowingly under the 50.27 influence of a hazardous substance or an impairing substance; 50.28 (6) in a negligent manner while any amount of a controlled 50.29 substance listed in schedule I or II is present in the person's 50.30 body; or 50.31 (7) and, having caused the accident, leaves the scene of 50.32 the accident in violation of section 169.09, subdivision 1 or 6, 50.33 is guilty of criminal vehicular operation resulting in 50.34 substantial bodily harm and may be sentenced to imprisonment for 50.35 not more than three years or to payment of a fine of not more 50.36 than $10,000, or both. 51.1 Subd. 2b. [RESULTING IN BODILY HARM.] A person is guilty 51.2 of criminal vehicular operation resulting in bodily harm and may 51.3 be sentenced to imprisonment for not more than one year or to 51.4 payment of a fine of not more than $3,000, or both, if the 51.5 person causes bodily harm to another, as a result of operating a 51.6 motor vehicle: 51.7 (1) in a grossly negligent manner; 51.8 (2) in a negligent manner while under the influence of: 51.9 (i) alcohol; 51.10 (ii) a drug that affects the nervous system, brain, or 51.11 muscles of the person so as to impair the person's ability to 51.12 operate the motor vehicle; or 51.13 (iii) any combination of those elements; 51.14 (3) while having an alcohol concentration of 0.10 or more; 51.15 (4) while having an alcohol concentration of 0.10 or more, 51.16 as measured within two hours of the time of driving; 51.17 (5) in a negligent manner while knowingly under the 51.18 influence of a hazardous substance or an impairing substance; 51.19 (6) in a negligent manner while any amount of a controlled 51.20 substance listed in schedule I or II is present in the person's 51.21 body; or 51.22 (7) and, having caused the accident, leaves the scene of 51.23 the accident in violation of section 169.09, subdivision 1 or 6. 51.24 Subd. 3. [RESULTING IN DEATH TO AN UNBORN CHILD.] Whoever 51.25 causes the death of an unborn child as a result of operating a 51.26 motor vehicle, 51.27 (1) in a grossly negligent manner; 51.28 (2) in a negligent manner while under the influence of: 51.29 (i) alcohol,; 51.30 (ii) acontrolled substance,drug that affects the nervous 51.31 system, brain, or muscles of the person so as to impair the 51.32 person's ability to operate the motor vehicle; or 51.33 (iii) any combination of those elements; 51.34 (3) while having an alcohol concentration of 0.10 or more; 51.35or51.36 (4) while having an alcohol concentration of 0.10 or more, 52.1 as measured within two hours of the time of driving; 52.2 (5) in a negligent manner while knowingly under the 52.3 influence of a hazardous substance or an impairing substance; 52.4 (6) in a negligent manner while any amount of a controlled 52.5 substance listed in schedule I or II is present in the person's 52.6 body; or 52.7 (7) and, having caused the accident, leaves the scene of 52.8 the accident in violation of section 169.09, subdivision 1 or 6, 52.9 is guilty of criminal vehicular operation resulting in death to 52.10 an unborn child and may be sentenced to imprisonment for not 52.11 more than ten years or to payment of a fine of not more than 52.12 $20,000, or both. A prosecution for or conviction of a crime 52.13 under this subdivision is not a bar to conviction of or 52.14 punishment for any other crime committed by the defendant as 52.15 part of the same conduct. 52.16 Subd. 4. [RESULTING IN INJURY TO UNBORN CHILD.] Whoever 52.17 causes great bodily harm to an unborn child who is subsequently 52.18 born alive, as a result of operating a motor vehicle, 52.19 (1) in a grossly negligent manner; 52.20 (2) in a negligent manner while under the influence of: 52.21 (i) alcohol,; 52.22 (ii) acontrolled substance,drug that affects the nervous 52.23 system, brain, or muscles of the person so as to impair the 52.24 person's ability to operate the motor vehicle; or 52.25 (iii) any combination of those elements; 52.26 (3) while having an alcohol concentration of 0.10 or more; 52.27or52.28 (4) while having an alcohol concentration of 0.10 or more; 52.29 (5) in a negligent manner while knowingly under the 52.30 influence of a hazardous substance or an impairing substance; 52.31 (6) in a negligent manner while any amount of a controlled 52.32 substance listed in schedule I or II is present in the person's 52.33 body; or 52.34 (7) and, having caused the accident, leaves the scene of 52.35 the accident in violation of section 169.09, subdivision 1 or 6, 52.36 as measured within two hours of the time of driving, 53.1 is guilty of criminal vehicular operation resulting in injury to 53.2 an unborn child and may be sentenced to imprisonment for not 53.3 more than five years or to payment of a fine of not more than 53.4 $10,000, or both. A prosecution for or conviction of a crime 53.5 under this subdivision is not a bar to conviction of or 53.6 punishment for any other crime committed by the defendant as 53.7 part of the same conduct. 53.8 Subd. 4a. [AFFIRMATIVE DEFENSE.] It shall be an 53.9 affirmative defense to a charge under subdivisions 1, clause 53.10 (6); 2, clause (6); 2a, clause (6); 2b, clause (6); 3, clause 53.11 (6); or 4, clause (6), that the defendant used the controlled 53.12 substance according to the terms of a prescription issued for 53.13 the defendant in accordance with sections 152.11 and 152.12. 53.14 Subd. 5. [DEFINITIONDEFINITIONS.] For purposes of this 53.15 section, the terms defined in this subdivision have the meanings 53.16 given them. 53.17 (a) "motorMotor vehicle" has the meaning given in section 53.18 609.52, subdivision 1. 53.19 (b) "Drug" has the meaning given in section 151.01, 53.20 subdivision 5, including controlled substances as defined in 53.21 section 152.01, subdivision 4. 53.22 (c) "Hazardous substance" means any chemical or chemical 53.23 compound that is listed as a hazardous substance in rules 53.24 adopted under chapter 182. 53.25 (d) "Impairing substance" means any substance or 53.26 combination of substances, other than alcohol, a drug, or a 53.27 hazardous substance, which has the capacity to affect the 53.28 nervous system, brain, or muscles of a person so as to impair 53.29 the person's ability or capacity to drive, operate, or be in 53.30 physical control of a motor vehicle. 53.31 Sec. 70. Minnesota Statutes 1994, section 629.471, 53.32 subdivision 2, is amended to read: 53.33 Subd. 2. [QUADRUPLE THE FINE.] (a) For offenses under 53.34 sections 169.09, 169.121, 169.129, 171.24, paragraph (c), 53.35 609.2231, subdivision 2, 609.487, and 609.525, the maximum cash 53.36 bail that may be required for a person charged with a 54.1 misdemeanor or gross misdemeanor violation is quadruple the 54.2 highest cash fine that may be imposed for the offense. 54.3 (b) Unless the court imposes the conditions of release 54.4 specified in section 169.121, subdivision 1c, the court must 54.5 impose maximum bail when releasing a person from detention who 54.6 has been charged with violating section 169.121, subdivision 1, 54.7 if the person has three prior impaired driving convictions 54.8 within the previous ten years or four or more prior impaired 54.9 driving convictions in the person's lifetime. As used in this 54.10 subdivision, "prior impaired driving conviction" has the meaning 54.11 given in section 169.121, subdivision 3. 54.12 Sec. 71. [DRUG RECOGNITION TRAINING FOR PEACE OFFICERS; 54.13 REPORT.] 54.14 (a) For purposes of this section, the following terms have 54.15 the meanings given them: 54.16 (1) "drug" has the meaning given in Minnesota Statutes, 54.17 section 151.01, subdivision 5; 54.18 (2) "drug recognition expert" means a peace officer who is 54.19 certified by the international association of chiefs of police 54.20 to conduct the 12-step drug evaluation and classification 54.21 process; and 54.22 (3) "12-step drug evaluation and classification process" 54.23 means the systematic, standardized investigative procedure 54.24 defined by the National Highway Traffic Safety Administration 54.25 that is used to determine whether a driver is impaired, whether 54.26 the impairment relates to drugs or a medical condition and, if 54.27 drug related, the category of drugs likely to have caused the 54.28 impairment. 54.29 (b) The board of peace officer standards and training, in 54.30 consultation with the department of public safety, the Minnesota 54.31 state patrol, the Minnesota chiefs of police, the Minnesota 54.32 sheriffs' association, and the National Highway Traffic Safety 54.33 Administration, shall develop a plan for requiring drug 54.34 recognition training for peace officers. The goals of the plan 54.35 are: 54.36 (1) to ensure that peace officers employed in traffic 55.1 patrol activities are educated about the need to use a certified 55.2 drug recognition expert to evaluate a person whom the officer 55.3 reasonably suspects has been driving while impaired by drugs; 55.4 (2) to ensure that a sufficient number of peace officers 55.5 are certified as drug recognition experts; and 55.6 (3) to ensure that drug recognition experts are available 55.7 statewide at all time periods to evaluate suspected 55.8 drug-impaired drivers. 55.9 (c) To accomplish paragraph (b), clause (1), the plan must 55.10 consider the feasibility of making a basic level of drug 55.11 recognition training a mandatory requirement for all new peace 55.12 officer candidates and an in-service option for current peace 55.13 officers. 55.14 (d) To the extent practicable, the plan must present 55.15 alternative training requirement scenarios and timetables 55.16 associated with different levels of training resources. The 55.17 board shall report this plan to the legislature by January 16, 55.18 1997. 55.19 Sec. 72. [EFFECTIVE DATES.] 55.20 (a) Section 71 is effective the day after final enactment. 55.21 (b) The remaining sections are effective August 1, 1996, 55.22 for crimes committed on or after that date. However, the 55.23 commissioner may consider violations occurring before August 1, 55.24 1996, as prior impaired driving convictions or prior license 55.25 revocations under sections 45 and 52.