2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 02/07/2000 | |
1st Engrossment | Posted on 02/16/2000 | |
2nd Engrossment | Posted on 03/01/2000 |
1.1 A bill for an act 1.2 relating to crime prevention; recodifying the driving 1.3 while impaired crimes and related provisions; making 1.4 numerous clarifying, technical, and substantive 1.5 changes in the pursuit of simplification; amending 1.6 Minnesota Statutes 1998, section 629.471; Minnesota 1.7 Statutes 1999 Supplement, sections 260B.171, 1.8 subdivision 7; 260B.225, subdivision 4; and 609.035, 1.9 subdivision 2; proposing coding for new law as 1.10 Minnesota Statutes, chapter 169A; repealing Minnesota 1.11 Statutes 1998, sections 168.042; 169.01, subdivisions 1.12 61, 68, 82, 83, 86, 87, 88, and 89; 169.121, 1.13 subdivisions 1, 1a, 1b, 1d, 2, 3b, 3c, 5, 5a, 5b, 6, 1.14 7, 8, 9, 10, 10a, 11, and 12; 169.1211; 169.1215; 1.15 169.1216; 169.1217, subdivisions 2, 3, 4, 5, 6, and 8; 1.16 169.1218; 169.1219; 169.122, subdivisions 1, 2, 3, and 1.17 4; 169.123, subdivisions 2, 2a, 2b, 2c, 3, 4, 5, 5a, 1.18 5b, 6, 7, 8, and 10; 169.124; 169.125; 169.126; 1.19 169.1261; 169.1265; 169.128; and 169.129, subdivision 1.20 3; Minnesota Statutes 1999 Supplement, sections 1.21 169.121, subdivisions 1c, 3, 3d, 3f, and 4; 169.1217, 1.22 subdivisions 1, 7, 7a, and 9; 169.122, subdivision 5; 1.23 169.123, subdivisions 1 and 5c; and 169.129, 1.24 subdivision 1. 1.25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.26 ARTICLE 1 1.27 CHAPTER 169A 1.28 DRIVING WHILE IMPAIRED; 1.29 CRIMINAL AND ADMINISTRATIVE SANCTIONS 1.30 GENERAL PROVISIONS 1.31 Section 1. [169A.01] [CITATION; APPLICATION.] 1.32 Subdivision 1. [CITATION.] This chapter may be cited as 1.33 the Minnesota Impaired Driving Code. [new] 1.34 Subd. 2. [APPLICATION.] Unless otherwise indicated, the 1.35 provisions of this chapter apply to any person who drives, 2.1 operates, or is in physical control of a motor vehicle within 2.2 this state or on any boundary water of this state. The 2.3 provisions of this chapter are applicable and uniform throughout 2.4 the state and in all its political subdivisions and 2.5 municipalities. [169.02 and 169.022] 2.6 Subd. 3. [LOCAL ORDINANCES.] No local authority may enact 2.7 or enforce any rule or regulation that conflicts with a 2.8 provision of this chapter unless expressly authorized to do so 2.9 in this chapter. Local authorities may adopt traffic 2.10 regulations that do not conflict with the provisions of this 2.11 chapter. However, if any local ordinance regulating traffic 2.12 covers the same subject for which a penalty is provided for in 2.13 this chapter, the penalty provided for the violation of the 2.14 local ordinance must be identical to the penalty provided for in 2.15 this chapter for the same offense. [169.022] 2.16 Sec. 2. [169A.03] [DEFINITIONS.] [various] 2.17 Subdivision 1. [SCOPE.] (a) As used in this chapter, 2.18 unless the context clearly indicates otherwise, the terms 2.19 defined in this section have the meanings given. 2.20 (b) If a term defined in section 169.01, but not defined in 2.21 this chapter, is used in this chapter, the term has the meaning 2.22 given in section 169.01, unless the context clearly indicates 2.23 otherwise. 2.24 Subd. 2. [ALCOHOL CONCENTRATION.] "Alcohol concentration" 2.25 means: 2.26 (1) the number of grams of alcohol per 100 milliliters of 2.27 blood; 2.28 (2) the number of grams of alcohol per 210 liters of 2.29 breath; or 2.30 (3) the number of grams of alcohol per 67 milliliters of 2.31 urine. 2.32 Subd. 3. [AGGRAVATING FACTOR.] "Aggravating factor" 2.33 includes: 2.34 (1) a qualified prior impaired driving incident within the 2.35 ten years immediately preceding the current offense; 2.36 (2) having an alcohol concentration of 0.20 or more as 3.1 measured at the time, or within two hours of the time, of the 3.2 offense; or 3.3 (3) having a child under the age of 16 in the vehicle at 3.4 the time of the offense if the child is more than 36 months 3.5 younger than the offender. 3.6 Subd. 4. [COMMERCIAL MOTOR VEHICLE.] "Commercial motor 3.7 vehicle" has the meaning given in section 169.01, subdivision 75. 3.8 Subd. 5. [COMMISSIONER.] "Commissioner" means the 3.9 commissioner of public safety or a designee. 3.10 Subd. 6. [CONTROLLED SUBSTANCE.] "Controlled substance" 3.11 has the meaning given in section 152.01, subdivision 4. 3.12 Subd. 7. [DRIVER.] "Driver" has the meaning given in 3.13 section 169.01, subdivision 25. 3.14 Subd. 8. [GROSS MISDEMEANOR.] "Gross misdemeanor" means a 3.15 crime for which a person may be sentenced to imprisonment for 3.16 not more than one year, or to payment of a fine of not more than 3.17 $3,000, or both. 3.18 Subd. 9. [HAZARDOUS SUBSTANCE.] "Hazardous substance" 3.19 means any chemical or chemical compound that is listed as a 3.20 hazardous substance in rules adopted under chapter 182 3.21 (occupational safety and health). 3.22 Subd. 10. [HEAD START BUS.] "Head Start bus" has the 3.23 meaning given in section 169.01, subdivision 80. 3.24 Subd. 11. [INFRARED BREATH-TESTING INSTRUMENT.] "Infrared 3.25 breath-testing instrument" means a breath-testing instrument 3.26 that employs infrared technology and has been approved by the 3.27 commissioner of public safety for determining alcohol 3.28 concentration. 3.29 Subd. 12. [MISDEMEANOR.] "Misdemeanor" means a crime for 3.30 which a person may be sentenced to imprisonment for not more 3.31 than 90 days, or to payment of a fine of not more than $700, or 3.32 both. 3.33 Subd. 13. [MOTORBOAT.] "Motorboat" has the meaning given 3.34 in section 86B.005, subdivision 9. 3.35 Subd. 14. [MOTORBOAT IN OPERATION.] "Motorboat in 3.36 operation" does not include a motorboat that is anchored, 4.1 beached, or securely fastened to a dock or other permanent 4.2 mooring or a motorboat that is being rowed or propelled by other 4.3 than mechanical means. 4.4 Subd. 15. [MOTOR VEHICLE.] "Motor vehicle" means every 4.5 vehicle that is self-propelled and every vehicle that is 4.6 propelled by electric power obtained from overhead trolley 4.7 wires. The term includes motorboats in operation and off-road 4.8 recreational vehicles, but does not include a vehicle moved 4.9 solely by human power. 4.10 Subd. 16. [OFF-ROAD RECREATIONAL VEHICLE.] "Off-road 4.11 recreational vehicle" means an off-highway motorcycle as defined 4.12 in section 84.787, subdivision 7; off-road vehicle as defined in 4.13 section 84.797, subdivision 7; snowmobile as defined in section 4.14 84.81, subdivision 3; and all-terrain vehicle as defined in 4.15 section 84.92, subdivision 8. 4.16 Subd. 17. [OWNER.] "Owner" has the meaning given in 4.17 section 169.01, subdivision 26. 4.18 Subd. 18. [PEACE OFFICER.] "Peace officer" means: 4.19 (1) a state patrol officer; 4.20 (2) University of Minnesota peace officer; 4.21 (3) a constable as defined in section 367.40, subdivision 4.22 3; 4.23 (4) police officer of any municipality, including towns 4.24 having powers under section 368.01, or county; and 4.25 (5) for purposes of violations of this chapter in or on an 4.26 off-road recreational vehicle or motorboat, or for violations of 4.27 section 97B.065 or 97B.066, a state conservation officer. 4.28 Subd. 19. [POLICE OFFICER.] "Police officer" has the 4.29 meaning given in section 169.01, subdivision 27. 4.30 Subd. 20. [PRIOR IMPAIRED DRIVING CONVICTION.] "Prior 4.31 impaired driving conviction" includes a prior conviction under: 4.32 (1) section 169A.20 (driving while impaired); 169A.31 4.33 (alcohol-related school bus or Head Start bus driving); or 4.34 360.0752 (impaired aircraft operation); 4.35 (2) section 609.21 (criminal vehicular homicide and injury, 4.36 substance-related offenses), subdivision 1, clauses (2) to (6); 5.1 subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 5.2 to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 5.3 clauses (2) to (6); or subdivision 4, clauses (2) to (6); 5.4 (3) Minnesota Statutes 1998, section 169.121 (driver under 5.5 influence of alcohol or controlled substance); 169.1211 5.6 (alcohol-related driving by commercial vehicle drivers); or 5.7 169.129 (aggravated DWI-related violations; penalty); 5.8 (4) Minnesota Statutes 1996, section 84.91, subdivision 1, 5.9 paragraph (a) (operating snowmobile or all-terrain vehicle while 5.10 impaired); or 86B.331, subdivision 1, paragraph (a) (operating 5.11 motorboat while impaired); or 5.12 (5) an ordinance from this state, or a statute or ordinance 5.13 from another state, in conformity with any provision listed in 5.14 clause (1), (2), (3), or (4). 5.15 A "prior impaired driving conviction" also includes a prior 5.16 juvenile adjudication that would have been a prior impaired 5.17 driving conviction if committed by an adult. 5.18 Subd. 21. [PRIOR IMPAIRED DRIVING-RELATED LOSS OF 5.19 LICENSE.] "Prior impaired driving-related loss of license" 5.20 includes a driver's license suspension, revocation, 5.21 cancellation, denial, or disqualification under: 5.22 (1) section 169A.31 (alcohol-related school bus or Head 5.23 Start bus driving); 169A.50 to 169A.53 (implied consent law); 5.24 169A.54 (impaired driving convictions and adjudications; 5.25 administrative penalties); 171.04 (persons not eligible for 5.26 drivers' licenses); 171.14 (cancellation); 171.16 (court may 5.27 recommend suspension); 171.165 (commercial driver's license, 5.28 disqualification); 171.17 (revocation); or 171.18 (suspension); 5.29 because of an alcohol-related incident; 5.30 (2) section 609.21 (criminal vehicular homicide and injury, 5.31 substance-related offenses), subdivision 1, clauses (2) to (6); 5.32 subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 5.33 to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 5.34 clauses (2) to (6); or subdivision 4, clauses (2) to (6); 5.35 (3) Minnesota Statutes 1998, section 169.121 (driver under 5.36 influence of alcohol or controlled substance); 169.1211 6.1 (alcohol-related driving by commercial vehicle drivers); or 6.2 169.123 (chemical tests for intoxication); or 6.3 (4) an ordinance from this state, or a statute or ordinance 6.4 from another state, in conformity with any provision listed in 6.5 clause (1), (2), or (3). 6.6 "Prior impaired driving-related loss of license" also includes 6.7 the revocation of snowmobile or all-terrain vehicle operating 6.8 privileges under section 84.911 (chemical testing), or motorboat 6.9 operating privileges under section 86B.335 (testing for alcohol 6.10 and controlled substances), for violations that occurred on or 6.11 after August 1, 1994; the revocation of snowmobile or 6.12 all-terrain vehicle operating privileges under section 84.91 6.13 (operation of snowmobiles and all-terrain vehicles by persons 6.14 under the influence of alcohol or controlled substances); or the 6.15 revocation of motorboat operating privileges under section 6.16 86B.331 (operation while using alcohol or drugs or with a 6.17 physical or mental disability). 6.18 Subd. 22. [QUALIFIED PRIOR IMPAIRED DRIVING 6.19 INCIDENT.] "Qualified prior impaired driving incident" includes 6.20 prior impaired driving convictions and prior impaired 6.21 driving-related losses of license. 6.22 Subd. 23. [SCHOOL BUS.] "School bus" has the meaning given 6.23 in section 169.01, subdivision 6. 6.24 Subd. 24. [STREET OR HIGHWAY.] "Street or highway" has the 6.25 meaning given in section 169.01, subdivision 29. 6.26 Subd. 25. [VEHICLE.] "Vehicle" has the meaning given in 6.27 section 169.01, subdivision 2. 6.28 Sec. 3. [169A.05] [PARENTHETICAL REFERENCES.] 6.29 Words set forth in parentheses after references to sections 6.30 or subdivisions in this chapter are mere catchwords included 6.31 solely for convenience in reference. They are not substantive 6.32 and may not be used to construe or limit the meaning of any 6.33 statutory language. [new, see 645.49] 6.34 Sec. 4. [169A.07] [FIRST-TIME DWI VIOLATOR; OFF-ROAD 6.35 RECREATIONAL VEHICLE OR MOTORBOAT.] 6.36 A person who violates section 169A.20 (driving while 7.1 impaired) while using an off-road recreational vehicle or 7.2 motorboat and who does not have a qualified prior impaired 7.3 driving incident is subject only to the criminal penalty 7.4 provided in section 169A.25 (first-degree driving while 7.5 impaired), 169A.26 (second-degree driving while impaired), or 7.6 169A.27 (third-degree driving while impaired); and loss of 7.7 operating privileges as provided in section 84.91, subdivision 1 7.8 (operation of snowmobiles or all-terrain vehicles by persons 7.9 under the influence of alcohol or controlled substances), or 7.10 86B.331, subdivision 1 (operation of motorboats while using 7.11 alcohol or with a physical or mental disability), whichever is 7.12 applicable. The person is not subject to the provisions of 7.13 sections 169A.275, subdivision 5, (submission to the level of 7.14 care recommended in chemical use assessment for repeat offenders 7.15 and offenders with alcohol concentration of 0.20 or more); 7.16 169A.277 (long-term monitoring); 169A.285 (penalty assessment); 7.17 169A.44 (conditional release); 169A.54 (impaired driving 7.18 convictions and adjudications; administrative penalties); or 7.19 169A.54, subdivision 11 (chemical use assessment); the license 7.20 revocation sanctions of sections 169A.50 to 169A.53 (implied 7.21 consent law); or the plate impoundment provisions of section 7.22 169A.60 (administrative impoundment of plates). [169.121, subd. 7.23 1d] 7.24 Sec. 5. [169A.09] [SANCTION FOR PRIOR BEHAVIOR BASED ON 7.25 SEPARATE COURSES OF CONDUCT.] 7.26 Prior impaired driving convictions and prior impaired 7.27 driving-related losses of license must arise out of a separate 7.28 course of conduct to be considered as multiple qualified prior 7.29 impaired driving incidents under this chapter. When a person 7.30 has a prior impaired driving conviction and a prior impaired 7.31 driving-related loss of license based on the same course of 7.32 conduct, either the conviction or the loss of license may be 7.33 considered a qualified prior impaired driving incident, but not 7.34 both. [new] 7.35 Sec. 6. [169A.095] [DETERMINING NUMBER OF AGGRAVATING 7.36 FACTORS.] 8.1 When determining the number of aggravating factors present 8.2 for purposes of this chapter, subject to section 169A.09 8.3 (sanctions for prior behavior to be based on separate courses of 8.4 conduct), each qualified prior impaired driving incident within 8.5 the ten years immediately preceding the current offense is 8.6 counted as a separate aggravating factor. [new] 8.7 CRIMINAL PROVISIONS 8.8 Sec. 7. [169A.20] [DRIVING WHILE IMPAIRED.] 8.9 Subdivision 1. [DRIVING WHILE IMPAIRED CRIME.] It is a 8.10 crime for any person to drive, operate, or be in physical 8.11 control of any motor vehicle within this state or on any 8.12 boundary water of this state: 8.13 (1) when the person is under the influence of alcohol; 8.14 (2) when the person is under the influence of a controlled 8.15 substance; 8.16 (3) when the person is knowingly under the influence of a 8.17 hazardous substance that affects the nervous system, brain, or 8.18 muscles of the person so as to substantially impair the person's 8.19 ability to drive or operate the motor vehicle; 8.20 (4) when the person is under the influence of a combination 8.21 of any two or more of the elements named in clauses (1), (2), 8.22 and (3); 8.23 (5) when the person's alcohol concentration at the time, or 8.24 as measured within two hours of the time, of driving, operating, 8.25 or being in physical control of the motor vehicle is 0.10 or 8.26 more; 8.27 (6) when the vehicle is a commercial motor vehicle and the 8.28 person's alcohol concentration at the time, or as measured 8.29 within two hours of the time, of driving, operating, or being in 8.30 physical control of the commercial motor vehicle is 0.04 or 8.31 more; or 8.32 (7) when the person's body contains any amount of a 8.33 controlled substance listed in schedule I or II other than 8.34 marijuana or tetrahydrocannabinols. [169.121, subd. 1; 169.1211, 8.35 subd. 1] 8.36 Subd. 2. [REFUSAL TO SUBMIT TO CHEMICAL TEST CRIME.] It is 9.1 a crime for any person to refuse to submit to a chemical test of 9.2 the person's blood, breath, or urine under section 169A.52 (test 9.3 refusal or failure; revocation of license). [169.121, subd. 1a] 9.4 Subd. 3. [SENTENCE.] A person who violates this section 9.5 may be sentenced as provided in section 169A.25 (first-degree 9.6 driving while impaired), 169A.26 (second-degree driving while 9.7 impaired), or 169A.27 (third-degree driving while 9.8 impaired). [new] 9.9 Sec. 8. [169A.25] [FIRST-DEGREE DRIVING WHILE IMPAIRED.] 9.10 Subdivision 1. [DEGREE DESCRIBED.] A person who violates 9.11 section 169A.20 (driving while impaired) is guilty of 9.12 first-degree driving while impaired if two or more aggravating 9.13 factors were present when the violation was committed. [new] 9.14 Subd. 2. [CRIMINAL PENALTY.] First-degree driving while 9.15 impaired is a gross misdemeanor. The mandatory penalties 9.16 described in section 169A.275 and the long-term monitoring 9.17 described in section 169A.277 may be applicable. [new] 9.18 Sec. 9. [169A.26] [SECOND-DEGREE DRIVING WHILE IMPAIRED.] 9.19 Subdivision 1. [DEGREE DESCRIBED.] A person who violates 9.20 section 169A.20 (driving while impaired) is guilty of 9.21 second-degree driving while impaired if one aggravating factor 9.22 was present when the violation was committed. [new] 9.23 Subd. 2. [CRIMINAL PENALTY.] Second-degree driving while 9.24 impaired is a gross misdemeanor. The mandatory penalties 9.25 described in section 169A.275 and the long-term monitoring 9.26 described in section 169A.277 may be applicable. [new] 9.27 Sec. 10. [169A.27] [THIRD-DEGREE DRIVING WHILE IMPAIRED.] 9.28 Subdivision 1. [DEGREE DESCRIBED.] A person who violates 9.29 section 169A.20 (driving while impaired) is guilty of 9.30 third-degree driving while impaired. [new] 9.31 Subd. 2. [CRIMINAL PENALTY.] Third-degree driving while 9.32 impaired is a misdemeanor. [new] 9.33 Sec. 11. [169A.275] [MANDATORY PENALTIES.] 9.34 Subdivision 1. [SECOND OFFENSE.] (a) The court shall 9.35 sentence a person who is convicted of a violation of section 9.36 169A.20 (driving while impaired) within ten years of a qualified 10.1 prior impaired driving incident to either: 10.2 (1) a minimum of 30 days of incarceration, at least 48 10.3 hours of which must be served consecutively in a local 10.4 correctional facility; or 10.5 (2) eight hours of community work service for each day less 10.6 than 30 days that the person is ordered to serve in a local 10.7 correctional facility. 10.8 Notwithstanding section 609.135 (stay of imposition or execution 10.9 of sentence), the penalties in this paragraph must be executed, 10.10 unless the court departs from the mandatory minimum sentence 10.11 under paragraph (b) or (c). 10.12 (b) Prior to sentencing, the prosecutor may file a motion 10.13 to have a defendant described in paragraph (a) sentenced without 10.14 regard to the mandatory minimum sentence established by that 10.15 paragraph. The motion must be accompanied by a statement on the 10.16 record of the reasons for it. When presented with the 10.17 prosecutor's motion and if it finds that substantial mitigating 10.18 factors exist, the court shall sentence the defendant without 10.19 regard to the mandatory minimum sentence established by 10.20 paragraph (a). 10.21 (c) The court may, on its own motion, sentence a defendant 10.22 described in paragraph (a) without regard to the mandatory 10.23 minimum sentence established by that paragraph if it finds that 10.24 substantial mitigating factors exist and if its sentencing 10.25 departure is accompanied by a statement on the record of the 10.26 reasons for it. The court also may sentence the defendant 10.27 without regard to the mandatory minimum sentence established by 10.28 paragraph (a) if the defendant is sentenced to probation and 10.29 ordered to participate in a program established under section 10.30 169A.74 (pilot programs of intensive probation for repeat DWI 10.31 offenders). 10.32 (d) When any portion of the sentence required by paragraph 10.33 (a) is not executed, the court should impose a sentence that is 10.34 proportional to the extent of the offender's prior criminal and 10.35 moving traffic violation record. Any sentence required under 10.36 paragraph (a) must include a mandatory sentence that is not 11.1 subject to suspension or a stay of imposition or execution, and 11.2 that includes incarceration for not less than 48 consecutive 11.3 hours or at least 80 hours of community work service. 11.4 Subd. 2. [THIRD OFFENSE.] (a) The court shall sentence a 11.5 person who is convicted of a violation of section 169A.20 11.6 (driving while impaired) within ten years of the first of two 11.7 qualified prior impaired driving incidents to either: 11.8 (1) a minimum of 90 days of incarceration, at least 30 days 11.9 of which must be served consecutively in a local correctional 11.10 facility; or 11.11 (2) a program of intensive supervision of the type 11.12 described in section 169A.74 (pilot programs of intensive 11.13 probation for repeat DWI offenders) that requires the person to 11.14 consecutively serve at least six days in a local correctional 11.15 facility. 11.16 (b) The court may order that the person serve not more than 11.17 60 days of the minimum penalty under paragraph (a), clause (1), 11.18 on home detention or in an intensive probation program described 11.19 in section 169A.74. 11.20 (c) Notwithstanding section 609.135, the penalties in this 11.21 subdivision must be imposed and executed. 11.22 Subd. 3. [FOURTH OFFENSE.] (a) The court shall sentence a 11.23 person who is convicted of a violation of section 169A.20 11.24 (driving while impaired) within ten years of the first of three 11.25 qualified prior impaired driving incidents to either: 11.26 (1) a minimum of 180 days of incarceration, at least 30 11.27 days of which must be served consecutively in a local 11.28 correctional facility; or 11.29 (2) a program of intensive supervision of the type 11.30 described in section 169A.74 (pilot programs of intensive 11.31 probation for repeat DWI offenders) that requires the person to 11.32 consecutively serve at least six days in a local correctional 11.33 facility. 11.34 (b) The court may order that the person serve not more than 11.35 150 days of the minimum penalty under paragraph (a), clause (1), 11.36 on home detention or in an intensive probation program described 12.1 in section 169A.74. Notwithstanding section 609.135, the 12.2 penalties in this subdivision must be imposed and executed. 12.3 Subd. 4. [FIFTH OFFENSE OR MORE.] (a) The court shall 12.4 sentence a person who is convicted of a violation of section 12.5 169A.20 (driving while impaired) within ten years of the first 12.6 of four or more qualified prior impaired driving incidents to 12.7 either: 12.8 (1) a minimum of one year of incarceration, at least 60 12.9 days of which must be served consecutively in a local 12.10 correctional facility; or 12.11 (2) a program of intensive supervision of the type 12.12 described in section 169A.74 (pilot programs of intensive 12.13 probation for repeat DWI offenders) that requires the person to 12.14 consecutively serve at least six days in a local correctional 12.15 facility. 12.16 (b) The court may order that the person serve the remainder 12.17 of the minimum penalty under paragraph (a), clause (1), on 12.18 intensive probation using an electronic monitoring system or, if 12.19 such a system is unavailable, on home detention. 12.20 Notwithstanding section 609.135, the penalties in this 12.21 subdivision must be imposed and executed. 12.22 Subd. 5. [LEVEL OF CARE RECOMMENDED IN CHEMICAL USE 12.23 ASSESSMENT.] In addition to other penalties required under this 12.24 section, the court shall order a person to submit to the level 12.25 of care recommended in the chemical use assessment conducted 12.26 under section 169A.70 (alcohol safety program; chemical use 12.27 assessments) if the person is convicted of violating section 12.28 169A.20 (driving while impaired) while having an alcohol 12.29 concentration of 0.20 or more as measured at the time, or within 12.30 two hours of the time, of the offense or if the violation occurs 12.31 within ten years of one or more qualified prior impaired driving 12.32 incidents. [169.121, subd. 3d (par. (a) to (g)); 169.121, subd. 12.33 3b (par. (h))] 12.34 Sec. 12. [169A.277] [LONG-TERM MONITORING.] 12.35 Subdivision 1. [APPLICABILITY.] This section applies to a 12.36 person convicted of: 13.1 (1) a violation of section 169A.20 (driving while impaired) 13.2 within ten years of the first of two or more prior impaired 13.3 driving convictions; 13.4 (2) a violation of section 169A.20, if the person is under 13.5 the age of 19 years and has previously been convicted of 13.6 violating section 169A.20 or Minnesota Statutes 1998, section 13.7 169.121 (driver under the influence of alcohol or controlled 13.8 substance); or 13.9 (3) a violation of section 169A.20, while the person's 13.10 driver's license or driving privileges have been canceled under 13.11 section 171.04, subdivision 1, clause (9) (persons not eligible 13.12 for drivers' licenses, inimical to public safety). 13.13 Subd. 2. [MONITORING REQUIRED.] When the court sentences a 13.14 person described in subdivision 1 to a stayed sentence and when 13.15 electronic monitoring equipment is available to the court, the 13.16 court shall require that the person participate in a program of 13.17 electronic alcohol monitoring in addition to any other 13.18 conditions of probation or jail time it imposes. During the 13.19 first one-third of the person's probationary term, the 13.20 electronic alcohol monitoring must be continuous and involve 13.21 measurements of the person's alcohol concentration at least 13.22 three times a day. During the remainder of the person's 13.23 probationary term, the electronic alcohol monitoring may be 13.24 intermittent, as determined by the court. 13.25 Subd. 3. [REIMBURSEMENT.] The court shall require partial 13.26 or total reimbursement from the person for the cost of the 13.27 electronic alcohol monitoring, to the extent the person is able 13.28 to pay. [169.121, subd. 3e] 13.29 Sec. 13. [169A.28] [CONSECUTIVE SENTENCES.] 13.30 Subdivision 1. [MANDATORY CONSECUTIVE SENTENCES.] The 13.31 court shall impose consecutive sentences when it sentences a 13.32 person for: 13.33 (1) violations of section 169A.20 (driving while impaired) 13.34 arising out of separate courses of conduct; 13.35 (2) a violation of section 169A.20 when the person, at the 13.36 time of sentencing, is on probation for, or serving, an executed 14.1 sentence for a violation of section 169A.20 or Minnesota 14.2 Statutes 1998, section 169.121 (driver under the influence of 14.3 alcohol or controlled substance) or 169.129 (aggravated 14.4 DWI-related violations; penalty), and the prior sentence 14.5 involved a separate course of conduct; or 14.6 (3) a violation of section 169A.20 and another offense 14.7 arising out of a single course of conduct that is listed in 14.8 subdivision 2, paragraph (f), when the person has five or more 14.9 qualified prior impaired driving incidents within the past ten 14.10 years. [169.121, subd. 3, par. (f) and (i); 609.035, subd. 2, 14.11 par. (g)] 14.12 Subd. 2. [PERMISSIVE CONSECUTIVE SENTENCES; MULTIPLE 14.13 OFFENSES.] (a) When a person is being sentenced for a violation 14.14 of a provision listed in paragraph (e), the court may sentence 14.15 the person to a consecutive term of imprisonment for a violation 14.16 of any other provision listed in paragraph (e), notwithstanding 14.17 the fact that the offenses arose out of the same course of 14.18 conduct, subject to the limitation on consecutive sentences 14.19 contained in section 609.15, subdivision 2, and except as 14.20 provided in paragraphs (b) and (c) of this subdivision. 14.21 (b) When a person is being sentenced for a violation of 14.22 section 171.20 (operation after revocation, suspension, 14.23 cancellation, or disqualification), 171.24 (driving without 14.24 valid license), or 171.30 (violation of condition of limited 14.25 license), the court may not impose a consecutive sentence for 14.26 another violation of a provision in chapter 171 (drivers' 14.27 licenses and training schools). 14.28 (c) When a person is being sentenced for a violation of 14.29 section 169.791 (failure to provide proof of insurance) or 14.30 169.797 (failure to provide vehicle insurance), the court may 14.31 not impose a consecutive sentence for another violation of a 14.32 provision of sections 169.79 to 169.7995. 14.33 (d) This subdivision does not limit the authority of the 14.34 court to impose consecutive sentences for crimes arising on 14.35 different dates or to impose a consecutive sentence when a 14.36 person is being sentenced for a crime and is also in violation 15.1 of the conditions of a stayed or otherwise deferred sentence 15.2 under section 609.135 (stay of imposition or execution of 15.3 sentence). 15.4 (e) This subdivision applies to misdemeanor and gross 15.5 misdemeanor violations of the following if the offender has two 15.6 or more prior impaired driving convictions within the past ten 15.7 years: 15.8 (1) section 169A.20 (driving while impaired); 15.9 (2) section 169.791; 15.10 (3) section 169.797; 15.11 (4) section 171.20, subdivision 2 (operation after 15.12 revocation, suspension, cancellation, or disqualification); 15.13 (5) section 171.24; and 15.14 (6) section 171.30. [169.121, subd. 3, par. (h); 609.035, 15.15 subd. 2] 15.16 Subd. 3. [PERMISSIVE CONSECUTIVE SENTENCES; PREVIOUS 15.17 OFFENSES.] The court may order that the sentence imposed for a 15.18 violation of section 169A.20 (driving while impaired) run 15.19 consecutively to a previously imposed misdemeanor, gross 15.20 misdemeanor, or felony sentence for a violation other than 15.21 section 169A.20. [169.121, subd. 3, par. (f)] 15.22 Sec. 14. [169A.283] [STAY OF EXECUTION OF SENTENCE.] 15.23 Subdivision 1. [STAY AUTHORIZED.] Except as otherwise 15.24 provided in section 169A.275 (mandatory penalties), when a court 15.25 sentences a person convicted of a violation of section 169A.20 15.26 (driving while impaired), the court may stay execution of the 15.27 criminal sentence described in section 169A.25 (first-degree 15.28 driving while impaired), 169A.26 (second-degree driving while 15.29 impaired), or 169A.27 (third-degree driving while impaired), on 15.30 the condition that the convicted person submit to the level of 15.31 care recommended in the chemical use assessment report required 15.32 under section 169A.70 (alcohol safety programs; chemical use 15.33 assessments). If the court does not order a level of care in 15.34 accordance with the assessment report recommendation as a 15.35 condition of a stay of execution, it shall state on the record 15.36 its reasons for not following the assessment report 16.1 recommendation. 16.2 Subd. 2. [MANNER AND LENGTH OF STAY, REQUIRED REPORT.] A 16.3 stay of execution must be in the manner provided in section 16.4 609.135 (stay of imposition or execution of sentence). The 16.5 length of stay is governed by section 609.135, subdivision 2. 16.6 The court shall report to the commissioner any stay of execution 16.7 of sentence granted under this section. 16.8 Subd. 3. [NO STAY OF LICENSE REVOCATION.] The court may 16.9 not stay the execution of the driver's license revocation 16.10 provisions of section 169A.54 (impaired driving convictions and 16.11 adjudications; administrative penalties). [169.121, subd. 3, 16.12 par. (g); 169.121, subd. 5] 16.13 Sec. 15. [169A.284] [CHEMICAL DEPENDENCY ASSESSMENT 16.14 CHARGE; SURCHARGE.] 16.15 Subdivision 1. [WHEN REQUIRED.] (a) When a court sentences 16.16 a person convicted of an offense enumerated in section 169A.70, 16.17 subdivision 2 (chemical use assessment; requirement; form), it 16.18 shall impose a chemical dependency assessment charge of $125. A 16.19 person shall pay an additional surcharge of $5 if the person is 16.20 convicted of a violation of section 169A.20 (driving while 16.21 impaired) within five years of a prior impaired driving 16.22 conviction or a prior conviction for an offense arising out of 16.23 an arrest for a violation of section 169A.20 or Minnesota 16.24 Statutes 1998, section 169.121 (driver under influence of 16.25 alcohol or controlled substance) or 169.129 (aggravated 16.26 DWI-related violations; penalty). This section applies when the 16.27 sentence is executed, stayed, or suspended. The court may not 16.28 waive payment or authorize payment of the assessment charge and 16.29 surcharge in installments unless it makes written findings on 16.30 the record that the convicted person is indigent or that the 16.31 assessment charge and surcharge would create undue hardship for 16.32 the convicted person or that person's immediate family. 16.33 (b) The chemical dependency assessment charge and surcharge 16.34 required under this section are in addition to the surcharge 16.35 required by section 357.021, subdivision 6 (surcharges on 16.36 criminal and traffic offenders). [169.121, subd. 5a] 17.1 Subd. 2. [DISTRIBUTION OF MONEY.] The county shall collect 17.2 and forward to the commissioner of finance $25 of the chemical 17.3 dependency assessment charge and the $5 surcharge, if any, 17.4 within 60 days after sentencing or explain to the commissioner 17.5 in writing why the money was not forwarded within this time 17.6 period. The commissioner shall credit the money to the general 17.7 fund. The county shall collect and keep $100 of the chemical 17.8 dependency assessment charge. [169.121, subd. 5a] 17.9 Sec. 16. [169A.285] [PENALTY ASSESSMENT.] 17.10 Subdivision 1. [AUTHORITY; AMOUNT.] When a court sentences 17.11 a person who violates section 169A.20 (driving while impaired) 17.12 while having an alcohol concentration of 0.20 or more as 17.13 measured at the time, or within two hours of the time, of the 17.14 violation, the court may impose a penalty assessment of up to 17.15 $1,000. The court may impose this assessment in addition to any 17.16 other penalties or charges authorized under law. 17.17 Subd. 2. [ASSESSMENT DISTRIBUTION.] Money collected under 17.18 this section must be distributed as follows: 17.19 (1) if the arresting officer is an employee of a political 17.20 subdivision, the assessment must be forwarded to the treasury of 17.21 the political subdivision for use in enforcement, training, and 17.22 education activities related to driving while impaired; or 17.23 (2) if the arresting officer is an employee of the state, 17.24 the assessment must be forwarded to the state treasury and 17.25 credited to the general fund. [169.121, subd. 5b] 17.26 Sec. 17. [169A.31] [ALCOHOL-RELATED SCHOOL BUS OR HEAD 17.27 START BUS DRIVING.] 17.28 Subdivision 1. [CRIME DESCRIBED.] It is a crime for any 17.29 person to drive, operate, or be in physical control of any class 17.30 of school bus or Head Start bus within this state when there is 17.31 physical evidence present in the person's body of the 17.32 consumption of any alcohol. [169.1211, subd. 1, par. (b)] 17.33 Subd. 2. [GROSS MISDEMEANOR ALCOHOL-RELATED SCHOOL BUS OR 17.34 HEAD START BUS DRIVING.] A person who violates subdivision 1 is 17.35 guilty of gross misdemeanor alcohol-related school bus or Head 17.36 Start bus driving if: 18.1 (1) the violation occurs while a child under the age of 16 18.2 is in the vehicle, if the child is more than 36 months younger 18.3 than the violator; or 18.4 (2) the violation occurs within ten years of a qualified 18.5 prior impaired driving incident. [169.1211, subd. 5, par. (b)] 18.6 Subd. 3. [MISDEMEANOR ALCOHOL-RELATED SCHOOL BUS OR HEAD 18.7 START BUS DRIVING.] Except as provided in subdivision 2, a 18.8 person who violates subdivision 1 is guilty of misdemeanor 18.9 alcohol-related school bus or Head Start bus driving. [169.1211, 18.10 subd. 5, par. (a)] 18.11 Sec. 18. [169A.33] [UNDERAGE DRINKING AND DRIVING.] 18.12 Subdivision 1. [DEFINITION.] As used in this section, 18.13 "motor vehicle" does not include motorboats in operation or 18.14 off-road recreational vehicles. [new] 18.15 Subd. 2. [CRIME DESCRIBED.] It is a crime for a person 18.16 under the age of 21 years to drive, operate, or be in physical 18.17 control of a motor vehicle while consuming alcoholic beverages, 18.18 or after having consumed alcoholic beverages while there is 18.19 physical evidence of the consumption present in the person's 18.20 body. [169.1218, par. (a)] 18.21 Subd. 3. [CRIMINAL PENALTY.] A person who violates 18.22 subdivision 2 is guilty of a misdemeanor. [169.1218, par. (a)] 18.23 Subd. 4. [ADMINISTRATIVE PENALTY.] When a person is found 18.24 to have committed an offense under subdivision 2, the court 18.25 shall notify the commissioner of its determination. Upon 18.26 receipt of the court's determination, the commissioner shall 18.27 suspend the person's driver's license or operating privileges 18.28 for 30 days, or for 180 days if the person has previously been 18.29 found to have violated subdivision 2 or a statute or ordinance 18.30 in conformity with it. [169.1218, par. (b)] 18.31 Subd. 5. [EXCEPTION.] If the person's conduct violates 18.32 section 169A.20 (driving while impaired) or 169A.31 18.33 (alcohol-related school bus or Head Start bus driving), the 18.34 penalties and license sanctions in those laws or section 169A.54 18.35 (impaired driving convictions and adjudications; administrative 18.36 penalties) apply instead of the license sanction in subdivision 19.1 4. [169.1218, par. (c)] 19.2 Subd. 6. [JURISDICTION.] An offense under subdivision 2 19.3 may be prosecuted either in the jurisdiction where consumption 19.4 occurs or the jurisdiction where evidence of consumption is 19.5 observed. [169.1218, par. (d)] 19.6 Sec. 19. [169A.35] [OPEN BOTTLE LAW.] 19.7 Subdivision 1. [DEFINITIONS.] As used in this section: 19.8 (1) "motor vehicle" does not include motorboats in 19.9 operation or off-road recreational vehicles; and 19.10 (2) "possession" means either that the person had actual 19.11 possession of the bottle or receptacle or that the person 19.12 consciously exercised dominion and control over the bottle or 19.13 receptacle. [new; 169.122, subd. 2] 19.14 Subd. 2. [DRINKING AND CONSUMPTION; CRIME DESCRIBED.] It 19.15 is a crime for a person to drink or consume intoxicating liquor 19.16 or 3.2 percent malt liquor in a motor vehicle when the vehicle 19.17 is upon a street or highway. [169.122, subd. 1] 19.18 Subd. 3. [POSSESSION; CRIME DESCRIBED.] It is a crime for 19.19 a person to have in possession, while in a private motor vehicle 19.20 upon a street or highway, any bottle or receptacle containing 19.21 intoxicating liquor or 3.2 percent malt liquor which has been 19.22 opened, or the seal broken, or the contents of which have been 19.23 partially removed. [169.122, subd. 2] 19.24 Subd. 4. [LIABILITY OF NONPRESENT OWNER; CRIME DESCRIBED.] 19.25 It is a crime for the owner of any private motor vehicle or the 19.26 driver, if the owner is not present in the motor vehicle, to 19.27 keep or allow to be kept in a motor vehicle when the vehicle is 19.28 upon a street or highway any bottle or receptacle containing 19.29 intoxicating liquor or 3.2 percent malt liquor which has been 19.30 opened, or the seal broken, or the contents of which have been 19.31 partially removed. [169.122, subd. 3] 19.32 Subd. 5. [CRIMINAL PENALTY.] A person who violates 19.33 subdivisions 2 to 4 is guilty of a misdemeanor. [169.122, subd. 19.34 4] 19.35 Subd. 6. [EXCEPTIONS.] (a) This section does not prohibit 19.36 the possession or consumption of alcoholic beverages by 20.1 passengers in: 20.2 (1) a bus that is operated by a motor carrier of 20.3 passengers, as defined in section 221.011, subdivision 48; or 20.4 (2) a vehicle providing limousine service as defined in 20.5 section 221.84, subdivision 1. 20.6 (b) Subdivisions 3 and 4 do not apply to a bottle or 20.7 receptacle that is in the trunk of the vehicle if it is equipped 20.8 with a trunk, or that is in another area of the vehicle not 20.9 normally occupied by the driver and passengers if the vehicle is 20.10 not equipped with a trunk. However, a utility compartment or 20.11 glove compartment is deemed to be within the area occupied by 20.12 the driver and passengers. [169.122, subds. 2, 3, and 5] 20.13 Sec. 20. [169A.37] [LICENSE PLATE IMPOUNDMENT VIOLATION 20.14 CRIME.] 20.15 Subdivision 1. [CRIME DESCRIBED.] It is a crime for a 20.16 person to: 20.17 (1) fail to comply with an impoundment order under section 20.18 169A.60 (administrative plate impoundment); 20.19 (2) file a false statement under section 169A.60, 20.20 subdivision 7 or 8; 20.21 (3) operate a self-propelled motor vehicle on a street or 20.22 highway when the vehicle is subject to an impoundment order 20.23 issued under section 169A.60; or 20.24 (4) fail to notify the commissioner of the impoundment 20.25 order when requesting new plates. [168.042, subd. 14] 20.26 Subd. 2. [CRIMINAL PENALTY.] A person who violates 20.27 subdivision 1 is guilty of a misdemeanor. [168.042, subd. 14] 20.28 PROCEDURAL PROVISIONS 20.29 Sec. 21. [169A.40] [ARREST FOR DRIVING WHILE IMPAIRED OR 20.30 ALCOHOL-RELATED SCHOOL BUS OR HEAD START BUS DRIVING OFFENSE.] 20.31 Subdivision 1. [PROBABLE CAUSE ARREST.] A peace officer 20.32 may lawfully arrest a person for violation of section 169A.20 20.33 (driving while impaired), 169A.31 (alcohol-related school bus or 20.34 Head Start bus driving), or 169A.33 (underage drinking and 20.35 driving), without a warrant upon probable cause, without regard 20.36 to whether the violation was committed in the officer's presence. 21.1 Subd. 2. [FRESH PURSUIT.] When a peace officer has 21.2 probable cause to believe that a person is driving or operating 21.3 a motor vehicle in violation of section 169A.20 (driving while 21.4 impaired), 169A.31 (alcohol-related school bus or Head Start bus 21.5 driving), or 169A.33 (underage drinking and driving) and before 21.6 a stop or arrest can be made the person escapes from the 21.7 geographical limits of the officer's jurisdiction, the officer 21.8 in fresh pursuit of the person may stop or arrest the person in 21.9 another jurisdiction within this state and may exercise the 21.10 powers and perform the duties of a peace officer under this 21.11 chapter. An officer acting in fresh pursuit pursuant to this 21.12 section is serving in the regular line of duty as fully as 21.13 though within the officer's jurisdiction. 21.14 Subd. 3. [FIRST-DEGREE DWI OFFENDERS; CUSTODIAL 21.15 ARREST.] Notwithstanding rule 6.01 of the Rules of Criminal 21.16 Procedure, a peace officer acting without a warrant who has 21.17 decided to proceed with the prosecution of a person for 21.18 violating section 169A.20 (driving while impaired), must arrest 21.19 and take the person into custody if the officer has reason to 21.20 believe the violation occurred under the circumstances described 21.21 in section 169A.25 (first-degree driving while impaired). The 21.22 person must be detained until the person's first court 21.23 appearance. 21.24 Subd. 4. [OTHER ARREST POWERS NOT LIMITED.] The express 21.25 grant of arrest powers in this section does not limit the arrest 21.26 powers of peace officers pursuant to sections 626.65 to 626.70 21.27 (uniform law on fresh pursuit) or section 629.40 (allowing 21.28 arrests anywhere in state) in cases of arrests for violation of 21.29 section 169A.20 (driving while impaired), 169A.31 21.30 (alcohol-related school bus or Head Start bus driving), 169A.33 21.31 (underage drinking and driving), or any other provision of 21.32 law. [169.121, subd. 1b] 21.33 Sec. 22. [169A.41] [PRELIMINARY SCREENING TEST.] 21.34 Subdivision 1. [WHEN AUTHORIZED.] When a peace officer has 21.35 reason to believe from the manner in which a person is driving, 21.36 operating, controlling, or acting upon departure from a motor 22.1 vehicle, or has driven, operated, or controlled a motor vehicle, 22.2 that the driver may be violating or has violated section 169A.20 22.3 (driving while impaired), 169A.31 (alcohol-related school bus or 22.4 Head Start bus driving), or 169A.33 (underage drinking and 22.5 driving), the officer may require the driver to provide a sample 22.6 of the driver's breath for a preliminary screening test using a 22.7 device approved by the commissioner for this purpose. 22.8 Subd. 2. [USE OF TEST RESULTS.] The results of this 22.9 preliminary screening test must be used for the purpose of 22.10 deciding whether an arrest should be made and whether to require 22.11 the tests authorized in section 169A.51 (chemical tests for 22.12 intoxication), but must not be used in any court action except 22.13 the following: 22.14 (1) to prove that a test was properly required of a person 22.15 pursuant to section 169A.51, subdivision 1; 22.16 (2) in a civil action arising out of the operation or use 22.17 of the motor vehicle; 22.18 (3) in an action for license reinstatement under section 22.19 171.19; 22.20 (4) in a prosecution or juvenile court proceeding 22.21 concerning a violation of section 169A.33 (underage drinking and 22.22 driving), or 340A.503, subdivision 1, paragraph (a), clause (2) 22.23 (underage alcohol consumption); 22.24 (5) in a prosecution under section 169A.31, 22.25 (alcohol-related school or Head Start bus driving); or 171.30 22.26 (limited license); or 22.27 (6) in a prosecution for a violation of a restriction on a 22.28 driver's license under section 171.09, which provides that the 22.29 license holder may not use or consume any amount of alcohol or a 22.30 controlled substance. 22.31 Subd. 3. [ADDITIONAL TESTS.] Following the screening test 22.32 additional tests may be required of the driver pursuant to the 22.33 provisions of section 169A.51 (chemical tests for intoxication). 22.34 Subd. 4. [CONSEQUENCES OF REFUSAL.] The driver who refuses 22.35 to furnish a sample of the driver's breath is subject to the 22.36 provisions of section 169A.51 (chemical tests for intoxication), 23.1 unless the driver submits to a blood, breath, or urine test to 23.2 determine the presence or amount of alcohol, controlled 23.3 substances, or hazardous substances in compliance with section 23.4 169A.51. [169.121, subd. 6] 23.5 Sec. 23. [169A.42] [IMPOUNDMENT OF MOTOR VEHICLE UNDER 23.6 LOCAL ORDINANCE; REDEMPTION.] 23.7 Subdivision 1. [DEFINITION.] As used in this section, 23.8 "impoundment" means the removal of a motor vehicle to a storage 23.9 facility or impound lot as authorized by a local ordinance. 23.10 Subd. 2. [REDEMPTION; PREREQUISITES.] If a motor vehicle 23.11 is impounded by a peace officer following the arrest or taking 23.12 into custody of a driver for a violation of section 169A.20 23.13 (driving while impaired), or an ordinance in conformity with it, 23.14 the impounded vehicle must only be released from impoundment: 23.15 (1) to the registered owner, a person authorized by the 23.16 registered owner, a lienholder of record, or a person who has 23.17 purchased the vehicle from the registered owner, who provides 23.18 proof of ownership of the vehicle, proof of valid Minnesota 23.19 driving privileges, and proof of insurance required by law to 23.20 cover the vehicle; 23.21 (2) if the vehicle is subject to a rental or lease 23.22 agreement, to a renter or lessee with valid Minnesota driving 23.23 privileges who provides a copy of the rental or lease agreement 23.24 and proof of insurance required by law to cover the vehicle; or 23.25 (3) to an agent of a towing company authorized by a 23.26 registered owner if the owner provides proof of ownership of the 23.27 vehicle and proof of insurance required by law to cover the 23.28 vehicle. 23.29 Subd. 3. [TO WHOM INFORMATION PROVIDED.] The proof of 23.30 ownership and insurance or, if applicable, the copy of the 23.31 rental or lease agreement required by subdivision 2 must be 23.32 provided to the law enforcement agency impounding the vehicle or 23.33 to a person or entity designated by the law enforcement agency 23.34 to receive the information. 23.35 Subd. 4. [LIABILITY FOR STORAGE COSTS.] No law enforcement 23.36 agency, local unit of government, or state agency is responsible 24.1 or financially liable for any storage fees incurred due to an 24.2 impoundment under this section. [169.1216] 24.3 Sec. 24. [169A.43] [RESPONSIBILITY FOR PROSECUTION; 24.4 CRIMINAL HISTORY INFORMATION.] 24.5 Subdivision 1. [DEFINITION.] As used in this section, 24.6 "impaired driving offense" includes violations of sections 24.7 169A.20 to 169A.33. [new] 24.8 Subd. 2. [PROSECUTION.] The attorney in the jurisdiction 24.9 in which an impaired driving offense occurred who is responsible 24.10 for prosecution of misdemeanor-level impaired driving offenses 24.11 is also responsible for prosecution of gross misdemeanor-level 24.12 impaired driving offenses. [169.121, subd. 3, par. (f) and 24.13 169.129, subd. 3] 24.14 Subd. 3. [VENUE.] (a) A violation of section 169A.20, 24.15 subdivision 2 (refusal to submit to chemical test) may be 24.16 prosecuted either in the jurisdiction where the arresting 24.17 officer observed the defendant driving, operating, or in control 24.18 of the motor vehicle or in the jurisdiction where the refusal 24.19 occurred. [169.121, subd. 3, par. (k)] 24.20 (b) An underage drinking and driving offense may be 24.21 prosecuted as provided in section 169A.33, subdivision 6 24.22 (underage drinking and driving). [new cross-reference; see also 24.23 169.1218, par. (d)] 24.24 Subd. 4. [CRIMINAL HISTORY INFORMATION.] When an attorney 24.25 responsible for prosecuting impaired driving offenses requests 24.26 criminal history information relating to prior impaired driving 24.27 convictions from a court, the court shall furnish the 24.28 information without charge. [169.121, subd. 3, par. (j)] 24.29 Sec. 25. [169A.44] [CONDITIONAL RELEASE.] 24.30 (a) This section applies to a person charged with: 24.31 (1) a violation of section 169A.20 (driving while impaired) 24.32 within ten years of the first of two or more prior impaired 24.33 driving convictions; 24.34 (2) a violation of section 169A.20, if the person is under 24.35 the age of 19 years and has previously been convicted of 24.36 violating section 169A.20 or Minnesota Statutes 1998, section 25.1 169.121 (driver under the influence of alcohol or controlled 25.2 substance); 25.3 (3) a violation of section 169A.20, while the person's 25.4 driver's license or driving privileges have been canceled under 25.5 section 171.04, subdivision 1, clause (9) (persons not eligible 25.6 for drivers' licenses, inimical to public safety); or 25.7 (4) a violation of section 169A.20 by a person having an 25.8 alcohol concentration of 0.20 or more as measured at the time, 25.9 or within two hours of the time, of the offense. 25.10 (b) Unless maximum bail is imposed under section 629.471, a 25.11 person described in paragraph (a) may be released from detention 25.12 only if the person agrees to: 25.13 (1) abstain from alcohol; and 25.14 (2) submit to a program of electronic alcohol monitoring, 25.15 involving at least daily measurements of the person's alcohol 25.16 concentration, pending resolution of the charge. 25.17 Clause (2) applies only when electronic alcohol monitoring 25.18 equipment is available to the court. The court shall require 25.19 partial or total reimbursement from the person for the cost of 25.20 the electronic alcohol monitoring, to the extent the person is 25.21 able to pay. 25.22 (c) Unless maximum bail is imposed under section 629.471, 25.23 subdivision 2, a person charged with violating section 169A.20 25.24 within ten years of the first of three or more prior impaired 25.25 driving convictions may be released from detention only if the 25.26 following conditions are imposed in addition to the condition 25.27 imposed in paragraph (b), if applicable, and any other 25.28 conditions of release ordered by the court: 25.29 (1) the impoundment of the registration plates of the 25.30 vehicle used to commit the violation, unless already impounded; 25.31 (2) if the vehicle used to commit the violation was an 25.32 off-road recreational vehicle or a motorboat, the impoundment of 25.33 the off-road recreational vehicle or motorboat; 25.34 (3) a requirement that the person report weekly to a 25.35 probation agent; 25.36 (4) a requirement that the person abstain from consumption 26.1 of alcohol and controlled substances and submit to random 26.2 alcohol tests or urine analyses at least weekly; and 26.3 (5) a requirement that, if convicted, the person reimburse 26.4 the court or county for the total cost of these 26.5 services. [169.121, subd. 1c] 26.6 Sec. 26. [169A.45] [EVIDENCE.] 26.7 Subdivision 1. [ALCOHOL CONCENTRATION EVIDENCE.] Upon the 26.8 trial of any prosecution arising out of acts alleged to have 26.9 been committed by any person arrested for violating section 26.10 169A.20 (driving while impaired) or 169A.31 (alcohol-related 26.11 school bus or Head Start bus driving), the court may admit 26.12 evidence of the presence or amount of alcohol in the person's 26.13 blood, breath, or urine as shown by an analysis of those items. 26.14 In addition, in a prosecution for a violation of section 26.15 169A.20, the court may admit evidence of the presence or amount 26.16 of controlled substances or hazardous substances in the person's 26.17 blood, breath, or urine as shown by an analysis of those items. 26.18 Subd. 2. [RELEVANT EVIDENCE OF IMPAIRMENT.] For the 26.19 purposes of section 169A.20 (driving while impaired), evidence 26.20 that there was at the time an alcohol concentration of 0.04 or 26.21 more is relevant evidence in indicating whether or not the 26.22 person was under the influence of alcohol. 26.23 Subd. 3. [EVIDENCE OF REFUSAL.] Evidence of the refusal to 26.24 take a test is admissible into evidence in a prosecution under 26.25 section 169A.20 (driving while impaired). 26.26 Subd. 4. [OTHER COMPETENT EVIDENCE ADMISSIBLE.] The 26.27 preceding provisions do not limit the introduction of any other 26.28 competent evidence bearing upon the question of whether the 26.29 person violated section 169A.20 (driving while impaired) or 26.30 169A.31 (alcohol-related school bus or Head Start bus driving), 26.31 including tests obtained more than two hours after the alleged 26.32 violation and results obtained from partial tests on an infrared 26.33 breath-testing instrument. A result from a partial test is the 26.34 measurement obtained by analyzing one adequate breath sample, as 26.35 described in section 169A.51, subdivision 5, paragraph (b) 26.36 (breath test using infrared breath-testing instrument). 27.1 [169.121, subd. 2] 27.2 Sec. 27. [169A.46] [AFFIRMATIVE DEFENSES.] 27.3 Subdivision 1. [IMPAIRMENT OCCURRED AFTER DRIVING CEASED.] 27.4 If proven by a preponderance of the evidence, it is an 27.5 affirmative defense to a violation of section 169A.20, 27.6 subdivision 1, clause (5) (driving while impaired, alcohol 27.7 concentration within two hours of driving), or 169A.20 by a 27.8 person having an alcohol concentration of 0.20 or more as 27.9 measured at the time, or within two hours of the time, of the 27.10 offense, that the defendant consumed a sufficient quantity of 27.11 alcohol after the time of the violation and before the 27.12 administration of the evidentiary test to cause the defendant's 27.13 alcohol concentration to exceed the level specified in the 27.14 applicable clause. Evidence that the defendant consumed alcohol 27.15 after the time of the violation may not be admitted in defense 27.16 to any alleged violation of section 169A.20, unless notice is 27.17 given to the prosecution prior to the omnibus or pretrial 27.18 hearing in the matter. 27.19 Subd. 2. [IMPAIRMENT FROM PRESCRIPTION DRUG.] If proven by 27.20 a preponderance of the evidence, it is an affirmative defense to 27.21 a violation of section 169A.20 subdivision 1, clause (7) 27.22 (presence of schedule I or II controlled substance), that the 27.23 defendant used the controlled substance according to the terms 27.24 of a prescription issued for the defendant in accordance with 27.25 sections 152.11 and 152.12. [169.121, subd. 2; 169.1211, subd. 27.26 3] 27.27 Sec. 28. [169A.47] [NOTICE OF ENHANCED PENALTY.] 27.28 When a court sentences a person for a violation of sections 27.29 169A.20 to 169A.31 (impaired driving offenses), it shall inform 27.30 the defendant of the statutory provisions that provide for 27.31 enhancement of criminal penalties for repeat violators, and the 27.32 provisions that provide for administrative plate impoundment and 27.33 forfeiture of motor vehicles used to commit an impaired driving 27.34 offense. The notice must describe the conduct and the time 27.35 periods within which the conduct must occur in order to result 27.36 in increased penalties, plate impoundment, or forfeiture. The 28.1 failure of a court to provide this information to a defendant 28.2 does not affect the future applicability of these enhanced 28.3 penalties to that defendant. [169.121, subd. 3, par. (d), and 28.4 subd. 3c] 28.5 Sec. 29. [169A.48] [IMMUNITY FROM LIABILITY.] 28.6 Subdivision 1. [DEFINITION.] For purposes of this section, 28.7 "political subdivision" means a county, statutory or home rule 28.8 charter city, or town. 28.9 Subd. 2. [IMMUNITY.] The state or political subdivision by 28.10 which a peace officer making an arrest for violation of sections 28.11 169A.20 to 169A.33 (impaired driving offenses), is employed has 28.12 immunity from any liability, civil or criminal, for the care or 28.13 custody of the motor vehicle being driven by, operated by, or in 28.14 the physical control of the person arrested if the peace officer 28.15 acts in good faith and exercises due care. [169.121, subd. 9] 28.16 ADMINISTRATIVE PROVISIONS 28.17 Sec. 30. [169A.50] [CITATION.] 28.18 Sections 169A.50 to 169A.53 may be cited as the implied 28.19 consent law. [new] 28.20 Sec. 31. [169A.51] [CHEMICAL TESTS FOR INTOXICATION.] 28.21 Subdivision 1. [IMPLIED CONSENT; CONDITIONS; ELECTION OF 28.22 TEST.] (a) Any person who drives, operates, or is in physical 28.23 control of a motor vehicle within this state or on any boundary 28.24 water of this state consents, subject to the provisions of 28.25 sections 169A.50 to 169A.53 (implied consent law), and section 28.26 169A.20 (driving while impaired), to a chemical test of that 28.27 person's blood, breath, or urine for the purpose of determining 28.28 the presence of alcohol, controlled substances, or hazardous 28.29 substances. The test must be administered at the direction of a 28.30 peace officer. 28.31 (b) The test may be required of a person when an officer 28.32 has probable cause to believe the person was driving, operating, 28.33 or in physical control of a motor vehicle in violation of 28.34 section 169A.20 (driving while impaired), and one of the 28.35 following conditions exist: 28.36 (1) the person has been lawfully placed under arrest for 29.1 violation of section 169A.20 or an ordinance in conformity with 29.2 it; 29.3 (2) the person has been involved in a motor vehicle 29.4 accident or collision resulting in property damage, personal 29.5 injury, or death; 29.6 (3) the person has refused to take the screening test 29.7 provided for by section 169A.41 (preliminary screening test); or 29.8 (4) the screening test was administered and indicated an 29.9 alcohol concentration of 0.10 or more. 29.10 (c) The test may also be required of a person when an 29.11 officer has probable cause to believe the person was driving, 29.12 operating, or in physical control of a commercial motor vehicle 29.13 with the presence of any alcohol. [169.123, subd. 2, par. (a)] 29.14 Subd. 2. [IMPLIED CONSENT ADVISORY.] At the time a test is 29.15 requested, the person must be informed: 29.16 (1) that Minnesota law requires the person to take a test: 29.17 (i) to determine if the person is under the influence of 29.18 alcohol, controlled substances, or hazardous substances; 29.19 (ii) to determine the presence of a controlled substance 29.20 listed in schedule I or II, other than marijuana or 29.21 tetrahydrocannabinols; and 29.22 (iii) if the motor vehicle was a commercial motor vehicle, 29.23 to determine the presence of alcohol; 29.24 (2) that refusal to take a test is a crime; 29.25 (3) if the peace officer has probable cause to believe the 29.26 person has violated the criminal vehicular homicide and injury 29.27 laws, that a test will be taken with or without the person's 29.28 consent; and 29.29 (4) that the person has the right to consult with an 29.30 attorney, but that this right is limited to the extent that it 29.31 cannot unreasonably delay administration of the test. [169.123, 29.32 subd. 2, par. (b)] 29.33 Subd. 3. [TYPE OF TEST.] The peace officer who requires a 29.34 test pursuant to this section may direct whether the test is of 29.35 blood, breath, or urine. Action may be taken against a person 29.36 who refuses to take a blood test only if an alternative test was 30.1 offered and action may be taken against a person who refuses to 30.2 take a urine test only if an alternative test was 30.3 offered. [169.123, subd. 2, par. (c)] 30.4 Subd. 4. [REQUIREMENT OF URINE OR BLOOD 30.5 TEST.] Notwithstanding subdivision 3, a blood or urine test may 30.6 be required even after a breath test has been administered if 30.7 there is probable cause to believe that: 30.8 (1) there is impairment by a controlled substance or 30.9 hazardous substance that is not subject to testing by a breath 30.10 test; or 30.11 (2) a controlled substance listed in schedule I or II, 30.12 other than marijuana or tetrahydrocannabinols, is present in the 30.13 person's body. 30.14 Action may be taken against a person who refuses to take a 30.15 blood test under this subdivision only if a urine test was 30.16 offered and action may be taken against a person who refuses to 30.17 take a urine test only if a blood test was offered. [169.123, 30.18 subd. 2a] 30.19 Subd. 5. [BREATH TEST USING INFRARED BREATH-TESTING 30.20 INSTRUMENT.] (a) In the case of a breath test administered using 30.21 an infrared breath-testing instrument, the test must consist of 30.22 analyses in the following sequence: one adequate breath sample 30.23 analysis, one calibration standard analysis, and a second, 30.24 adequate breath sample analysis. 30.25 (b) In the case of a test administered using an infrared 30.26 breath-testing instrument, a sample is adequate if the 30.27 instrument analyzes the sample and does not indicate the sample 30.28 is deficient. 30.29 (c) For purposes of section 169A.52 (revocation of license 30.30 for test failure or refusal), when a test is administered using 30.31 an infrared breath-testing instrument, failure of a person to 30.32 provide two separate, adequate breath samples in the proper 30.33 sequence constitutes a refusal. [169.123, subd. 2b] 30.34 Subd. 6. [CONSENT OF PERSON INCAPABLE OF REFUSAL NOT 30.35 WITHDRAWN.] A person who is unconscious or who is otherwise in a 30.36 condition rendering the person incapable of refusal is deemed 31.1 not to have withdrawn the consent provided by subdivision 1 and 31.2 the test may be given. [169.123, subd. 2c] 31.3 Subd. 7. [REQUIREMENTS FOR CONDUCTING TESTS; 31.4 LIABILITY.] (a) Only a physician, medical technician, 31.5 physician's trained mobile intensive care paramedic, registered 31.6 nurse, medical technologist, or laboratory assistant acting at 31.7 the request of a peace officer may withdraw blood for the 31.8 purpose of determining the presence of alcohol, controlled 31.9 substances, or hazardous substances. This limitation does not 31.10 apply to the taking of a breath or urine sample. 31.11 (b) The person tested has the right to have someone of the 31.12 person's own choosing administer a chemical test or tests in 31.13 addition to any administered at the direction of a peace 31.14 officer; provided, that the additional test sample on behalf of 31.15 the person is obtained at the place where the person is in 31.16 custody, after the test administered at the direction of a peace 31.17 officer, and at no expense to the state. The failure or 31.18 inability to obtain an additional test or tests by a person does 31.19 not preclude the admission in evidence of the test taken at the 31.20 direction of a peace officer unless the additional test was 31.21 prevented or denied by the peace officer. 31.22 (c) The physician, medical technician, physician's trained 31.23 mobile intensive care paramedic, medical technologist, 31.24 laboratory assistant, or registered nurse drawing blood at the 31.25 request of a peace officer for the purpose of determining the 31.26 concentration of alcohol, controlled substances, or hazardous 31.27 substances is in no manner liable in any civil or criminal 31.28 action except for negligence in drawing the blood. The person 31.29 administering a breath test must be fully trained in the 31.30 administration of breath tests pursuant to training given by the 31.31 commissioner of public safety. [169.123, subd. 3] 31.32 Sec. 32. [169A.52] [TEST REFUSAL OR FAILURE; LICENSE 31.33 REVOCATION.] 31.34 Subdivision 1. [TEST REFUSAL.] If a person refuses to 31.35 permit a test, then a test must not be given, but the peace 31.36 officer shall report the refusal to the commissioner and the 32.1 authority having responsibility for prosecution of impaired 32.2 driving offenses for the jurisdiction in which the acts 32.3 occurred. However, if a peace officer has probable cause to 32.4 believe that the person has violated section 609.21 (criminal 32.5 vehicular homicide and injury), a test may be required and 32.6 obtained despite the person's refusal. A refusal to submit to 32.7 an alcohol concentration test does not constitute a violation of 32.8 section 609.50 (obstructing legal process), unless the refusal 32.9 was accompanied by force or violence or the threat of force or 32.10 violence. [169.123, subd. 4, par. (a)] 32.11 Subd. 2. [TEST FAILURE.] If a person submits to a test, 32.12 the results of that test must be reported to the commissioner 32.13 and to the authority having responsibility for prosecution of 32.14 impaired driving offenses for the jurisdiction in which the acts 32.15 occurred, if the test results indicate: 32.16 (1) an alcohol concentration of 0.10 or more; 32.17 (2) an alcohol concentration of 0.04 or more, if the person 32.18 was driving, operating, or in physical control of a commercial 32.19 motor vehicle at the time of the violation; or 32.20 (3) the presence of a controlled substance listed in 32.21 schedule I or II, other than marijuana or 32.22 tetrahydrocannabinols. [169.123, subd. 4, par. (b)] 32.23 Subd. 3. [TEST REFUSAL; LICENSE REVOCATION.] (a) Upon 32.24 certification by the peace officer that there existed probable 32.25 cause to believe the person had been driving, operating, or in 32.26 physical control of a motor vehicle in violation of section 32.27 169A.20 (driving while impaired), and that the person refused to 32.28 submit to a test, the commissioner shall revoke the person's 32.29 license or permit to drive, or nonresident operating privilege, 32.30 for a period of one year even if a test was obtained pursuant to 32.31 this section after the person refused to submit to testing. 32.32 (b) Upon certification by the peace officer that there 32.33 existed probable cause to believe the person had been driving, 32.34 operating, or in physical control of a commercial motor vehicle 32.35 with the presence of any alcohol in violation of section 169A.20 32.36 (driving while impaired), and that the person refused to submit 33.1 to a test, the commissioner shall disqualify the person from 33.2 operating a commercial motor vehicle for a period of one year 33.3 under section 171.165 (commercial driver's license 33.4 disqualification) and shall revoke the person's license or 33.5 permit to drive or nonresident operating privilege for a period 33.6 of one year. [169.123, subd. 4, par. (c) and (d)] 33.7 Subd. 4. [TEST FAILURE; LICENSE REVOCATION.] (a) Upon 33.8 certification by the peace officer that there existed probable 33.9 cause to believe the person had been driving, operating, or in 33.10 physical control of a motor vehicle in violation of section 33.11 169A.20 (driving while impaired) and that the person submitted 33.12 to a test and the test results indicate an alcohol concentration 33.13 of 0.10 or more or the presence of a controlled substance listed 33.14 in schedule I or II, other than marijuana or 33.15 tetrahydrocannabinols, then the commissioner shall revoke the 33.16 person's license or permit to drive, or nonresident operating 33.17 privilege: 33.18 (1) for a period of 90 days; 33.19 (2) if the person is under the age of 21 years, for a 33.20 period of six months; 33.21 (3) for a person with a qualified prior impaired driving 33.22 incident within the past ten years, for a period of 180 days; or 33.23 (4) if the test results indicate an alcohol concentration 33.24 of 0.20 or more, for twice the applicable period in clauses (1) 33.25 to (3). 33.26 (b) On certification by the peace officer that there 33.27 existed probable cause to believe the person had been driving, 33.28 operating, or in physical control of a commercial motor vehicle 33.29 with any presence of alcohol and that the person submitted to a 33.30 test and the test results indicated an alcohol concentration of 33.31 0.04 or more, the commissioner shall disqualify the person from 33.32 operating a commercial motor vehicle under section 171.165 33.33 (commercial driver's license disqualification). [169.123, subd. 33.34 4, par. (e) and (f)] 33.35 Subd. 5. [UNLICENSED DRIVERS; LICENSE ISSUANCE DENIAL.] If 33.36 the person is a resident without a license or permit to operate 34.1 a motor vehicle in this state, the commissioner shall deny to 34.2 the person the issuance of a license or permit after the date of 34.3 the alleged violation for the same period as provided in this 34.4 section for revocation, subject to review as provided in section 34.5 169A.53 (administrative and judicial review of license 34.6 revocation). [169.123, subd. 4, par. (g)] 34.7 Subd. 6. [NOTICE OF REVOCATION, DISQUALIFICATION, OR 34.8 DETERMINATION TO DENY; REQUEST FOR HEARING.] A revocation under 34.9 this section or a disqualification under section 171.165 34.10 (commercial driver's license disqualification) becomes effective 34.11 at the time the commissioner or a peace officer acting on behalf 34.12 of the commissioner notifies the person of the intention to 34.13 revoke, disqualify, or both, and of revocation or 34.14 disqualification. The notice must advise the person of the 34.15 right to obtain administrative and judicial review as provided 34.16 in section 169A.53 (administrative and judicial review of 34.17 license revocation). If mailed, the notice and order of 34.18 revocation or disqualification is deemed received three days 34.19 after mailing to the last known address of the person. 34.20 [169.123, subd. 5] 34.21 Subd. 7. [TEST REFUSAL; DRIVING PRIVILEGE LOST.] (a) On 34.22 behalf of the commissioner, a peace officer requiring a test or 34.23 directing the administration of a chemical test shall serve 34.24 immediate notice of intention to revoke and of revocation on a 34.25 person who refuses to permit a test or on a person who submits 34.26 to a test the results of which indicate an alcohol concentration 34.27 of 0.10 or more. 34.28 (b) On behalf of the commissioner, a peace officer 34.29 requiring a test or directing the administration of a chemical 34.30 test of a person driving, operating, or in physical control of a 34.31 commercial motor vehicle shall serve immediate notice of 34.32 intention to disqualify and of disqualification on a person who 34.33 refuses to permit a test, or on a person who submits to a test 34.34 the results of which indicate an alcohol concentration of 0.04 34.35 or more. 34.36 (c) The officer shall either: 35.1 (1) take the driver's license or permit, if any, send it to 35.2 the commissioner along with the certificate required by 35.3 subdivision 3 or 4, and issue a temporary license effective only 35.4 for seven days; or 35.5 (2) invalidate the driver's license or permit in such a way 35.6 that no identifying information is destroyed. [169.123, subd. 35.7 5a] 35.8 Subd. 8. [NOTICE OF ACTION TO OTHER STATES.] When a 35.9 nonresident's privilege to operate a motor vehicle in this state 35.10 has been revoked or denied, the commissioner shall give 35.11 information in writing of the action taken to the official in 35.12 charge of traffic control or public safety of the state of the 35.13 person's residence and of any state in which the person has a 35.14 license. [169.123, subd. 8] 35.15 Sec. 33. [169A.53] [ADMINISTRATIVE AND JUDICIAL REVIEW OF 35.16 LICENSE REVOCATION.] 35.17 Subdivision 1. [ADMINISTRATIVE REVIEW.] (a) At any time 35.18 during a period of revocation imposed under section 169A.52 35.19 (revocation of license for test failure or refusal) or a period 35.20 of disqualification imposed under section 171.165 (commercial 35.21 driver's license disqualification), a person may request in 35.22 writing a review of the order of revocation or disqualification 35.23 by the commissioner, unless the person is entitled to review 35.24 under section 171.166 (review of disqualification). Upon 35.25 receiving a request the commissioner or the commissioner's 35.26 designee shall review the order, the evidence upon which the 35.27 order was based, and any other material information brought to 35.28 the attention of the commissioner, and determine whether 35.29 sufficient cause exists to sustain the order. Within 15 days of 35.30 receiving the request the commissioner shall report in writing 35.31 the results of the review. The review provided in this 35.32 subdivision is not subject to the contested case provisions of 35.33 the Administrative Procedure Act in sections 14.001 to 14.69. 35.34 (b) The availability of administrative review for an order 35.35 of revocation or disqualification has no effect upon the 35.36 availability of judicial review under this section. 36.1 (c) Review under this subdivision must take place, if 36.2 possible, at the same time as any administrative review of the 36.3 person's impoundment order under section 169A.60, subdivision 9. 36.4 [169.123, subd. 5b] 36.5 Subd. 2. [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 36.6 days following receipt of a notice and order of revocation or 36.7 disqualification pursuant to section 169A.52 (revocation of 36.8 license for test failure or refusal), a person may petition the 36.9 court for review. The petition must be filed with the district 36.10 court administrator in the county where the alleged offense 36.11 occurred, together with proof of service of a copy on the 36.12 commissioner, and accompanied by the standard filing fee for 36.13 civil actions. Responsive pleading is not required of the 36.14 commissioner, and court fees must not be charged for the 36.15 appearance of the commissioner in the matter. 36.16 (b) The petition must: 36.17 (1) be captioned in the full name of the person making the 36.18 petition as petitioner and the commissioner as respondent; 36.19 (2) include the petitioner's date of birth, driver's 36.20 license number, and date of the offense; and 36.21 (3) state with specificity the grounds upon which the 36.22 petitioner seeks rescission of the order of revocation, 36.23 disqualification, or denial. 36.24 (c) The filing of the petition does not stay the 36.25 revocation, disqualification, or denial. The reviewing court 36.26 may order a stay of the balance of the revocation or 36.27 disqualification if the hearing has not been conducted within 60 36.28 days after filing of the petition upon terms the court deems 36.29 proper. 36.30 (d) Judicial reviews must be conducted according to the 36.31 Rules of Civil Procedure, except that prehearing discovery is 36.32 mandatory and is limited to: 36.33 (1) the notice of revocation; 36.34 (2) the test record or, in the case of blood or urine 36.35 tests, the certificate of analysis; 36.36 (3) the peace officer's certificate and any accompanying 37.1 documentation submitted by the arresting officer to the 37.2 commissioner; and 37.3 (4) disclosure of potential witnesses, including experts, 37.4 and the basis of their testimony. 37.5 Other types of discovery are available only upon order of 37.6 the court. [169.123, subd. 5c] 37.7 Subd. 3. [HEARING.] (a) A judicial review hearing under 37.8 this section must be before a district judge in any county in 37.9 the judicial district where the alleged offense occurred. The 37.10 hearing is to the court and may be conducted at the same time 37.11 and in the same manner as hearings upon pretrial motions in the 37.12 criminal prosecution under section 169A.20 (driving while 37.13 impaired), if any. The hearing must be recorded. The 37.14 commissioner shall appear and be represented by the attorney 37.15 general or through the prosecuting authority for the 37.16 jurisdiction involved. The hearing must be held at the earliest 37.17 practicable date, and in any event no later than 60 days 37.18 following the filing of the petition for review. The judicial 37.19 district administrator shall establish procedures to ensure 37.20 efficient compliance with this subdivision. To accomplish this, 37.21 the administrator may, whenever possible, consolidate and 37.22 transfer review hearings among the locations within the judicial 37.23 district where terms of district court are held. 37.24 (b) The scope of the hearing is limited to the issues in 37.25 clauses (1) to (10): 37.26 (1) Did the peace officer have probable cause to believe 37.27 the person was driving, operating, or in physical control of a 37.28 motor vehicle or commercial motor vehicle in violation of 37.29 section 169A.20 (driving while impaired)? 37.30 (2) Was the person lawfully placed under arrest for 37.31 violation of section 169A.20? 37.32 (3) Was the person involved in a motor vehicle accident or 37.33 collision resulting in property damage, personal injury, or 37.34 death? 37.35 (4) Did the person refuse to take a screening test provided 37.36 for by section 169A.41 (preliminary screening test)? 38.1 (5) If the screening test was administered, did the test 38.2 indicate an alcohol concentration of 0.10 or more? 38.3 (6) At the time of the request for the test, did the peace 38.4 officer inform the person of the person's rights and the 38.5 consequences of taking or refusing the test as required by 38.6 section 169A.51, subdivision 2? 38.7 (7) Did the person refuse to permit the test? 38.8 (8) If a test was taken by a person driving, operating, or 38.9 in physical control of a motor vehicle, did the test results 38.10 indicate at the time of testing: 38.11 (i) an alcohol concentration of 0.10 or more; or 38.12 (ii) the presence of a controlled substance listed in 38.13 schedule I or II, other than marijuana or tetrahydrocannabinols? 38.14 (9) If a test was taken by a person driving, operating, or 38.15 in physical control of a commercial motor vehicle, did the test 38.16 results indicate an alcohol concentration of 0.04 or more at the 38.17 time of testing? 38.18 (10) Was the testing method used valid and reliable and 38.19 were the test results accurately evaluated? 38.20 (c) It is an affirmative defense for the petitioner to 38.21 prove that, at the time of the refusal, the petitioner's refusal 38.22 to permit the test was based upon reasonable grounds. 38.23 (d) Certified or otherwise authenticated copies of 38.24 laboratory or medical personnel reports, records, documents, 38.25 licenses, and certificates are admissible as substantive 38.26 evidence. 38.27 (e) The court shall order that the revocation or 38.28 disqualification be either rescinded or sustained and forward 38.29 the order to the commissioner. The court shall file its order 38.30 within 14 days following the hearing. If the revocation or 38.31 disqualification is sustained, the court shall also forward the 38.32 person's driver's license or permit to the commissioner for 38.33 further action by the commissioner if the license or permit is 38.34 not already in the commissioner's possession. 38.35 (f) Any party aggrieved by the decision of the reviewing 38.36 court may appeal the decision as provided in the rules of 39.1 appellate procedure. [169.123, subds. 6 and 7] 39.2 Sec. 34. [169A.54] [IMPAIRED DRIVING CONVICTIONS AND 39.3 ADJUDICATIONS; ADMINISTRATIVE PENALTIES.] 39.4 Subdivision 1. [DRIVING WHILE IMPAIRED 39.5 CONVICTIONS.] Except as provided in subdivision 7, the 39.6 commissioner shall revoke the driver's license of a person 39.7 convicted of violating section 169A.20 (driving while impaired) 39.8 or an ordinance in conformity with it, as follows: 39.9 (1) for an offense under section 169A.20, subdivision 1 39.10 (driving while impaired crime): not less than 30 days; 39.11 (2) for an offense under section 169A.20, subdivision 2 39.12 (refusal to submit to chemical test crime): not less than 90 39.13 days; 39.14 (3) for an offense occurring within ten years of a 39.15 qualified prior impaired driving incident: 39.16 (i) if the current conviction is for a violation of section 39.17 169A.20, subdivision 1, not less than 180 days and until the 39.18 court has certified that treatment or rehabilitation has been 39.19 successfully completed where prescribed in accordance with 39.20 section 169A.70 (chemical use assessments); or 39.21 (ii) if the current conviction is for a violation of 39.22 section 169A.20, subdivision 2, not less than one year and until 39.23 the court has certified that treatment or rehabilitation has 39.24 been successfully completed where prescribed in accordance with 39.25 section 169A.70; 39.26 (4) for an offense occurring within ten years of the first 39.27 of two qualified prior impaired driving incidents: not less 39.28 than one year, together with denial under section 171.04, 39.29 subdivision 1, clause (9), until rehabilitation is established 39.30 in accordance with standards established by the commissioner; or 39.31 (5) for an offense occurring within ten years of the first 39.32 of three or more qualified prior impaired driving incidents: 39.33 not less than two years, together with denial under section 39.34 171.04, subdivision 1, clause (9), until rehabilitation is 39.35 established in accordance with standards established by the 39.36 commissioner. [169.121, subd. 4, par. (a)] 40.1 Subd. 2. [DRIVING WHILE IMPAIRED BY PERSON UNDER AGE 40.2 21.] If the person convicted of violating section 169A.20 40.3 (driving while impaired) is under the age of 21 years at the 40.4 time of the violation, the commissioner shall revoke the 40.5 offender's driver's license or operating privileges for a period 40.6 of six months or for the appropriate period of time under 40.7 subdivision 1, clauses (1) to (5), for the offense committed, 40.8 whichever is the greatest period. [169.121, subd. 4, par. (b)] 40.9 Subd. 3. [JUVENILE ADJUDICATIONS.] For purposes of this 40.10 section, a juvenile adjudication under section 169A.20 (driving 40.11 while impaired), an ordinance in conformity with it, or a 40.12 statute or ordinance from another state in conformity with it is 40.13 an offense. [169.121, subd. 4, par. (c)] 40.14 Subd. 4. [VIOLATIONS INVOLVING PERSONAL INJURY.] Whenever 40.15 department records show that the violation involved personal 40.16 injury or death to any person, at least 90 additional days must 40.17 be added to the base periods provided in subdivisions 1 to 40.18 3. [169.121, subd. 4, par. (d)] 40.19 Subd. 5. [VIOLATIONS INVOLVING AN ALCOHOL CONCENTRATION OF 40.20 0.20 OR MORE.] If the person is convicted of violating section 40.21 169A.20 (driving while impaired) while having an alcohol 40.22 concentration of 0.20 or more as measured at the time, or within 40.23 two hours of the time, of the offense, the commissioner shall 40.24 revoke the person's driver's license for twice the period of 40.25 time otherwise provided for in this section. [169.121, subd. 4, 40.26 par. (e)] 40.27 Subd. 6. [APPLICABILITY OF IMPLIED CONSENT REVOCATION 40.28 PROVISIONS.] Except for a person whose license has been revoked 40.29 under subdivision 2, and except for a person convicted of a 40.30 violation of section 169A.20 (driving while impaired) while 40.31 having a child under the age of 16 in the vehicle if the child 40.32 is more than 36 months younger than the offender, any person 40.33 whose license has been revoked pursuant to section 169A.52 40.34 (license revocation for test failure or refusal) as the result 40.35 of the same incident, and who does not have a qualified prior 40.36 impaired driving incident, is subject to the mandatory 41.1 revocation provisions of subdivision 1, clause (1) or (2), in 41.2 lieu of the mandatory revocation provisions of section 41.3 169A.52. [169.121, subd. 4, par. (f)] 41.4 Subd. 7. [ALCOHOL-RELATED COMMERCIAL VEHICLE DRIVING 41.5 VIOLATIONS.] (a) The administrative penalties described in 41.6 subdivision 1 do not apply to violations of section 169A.20, 41.7 subdivision 1 (driving while impaired crime), by a person 41.8 operating a commercial motor vehicle unless the person's alcohol 41.9 concentration as measured at the time, or within two hours of 41.10 the time, of the operation was 0.10 or more or the person 41.11 violates section 169A.20, subdivision 1, clauses (1) to (4) or 41.12 (7). 41.13 (b) The commissioner shall disqualify a person from 41.14 operating a commercial motor vehicle as provided under section 41.15 171.165 (commercial driver's license, disqualification), on 41.16 receipt of a record of conviction for a violation of section 41.17 169A.20. 41.18 (c) A person driving, operating, or in physical control of 41.19 a commercial motor vehicle with any presence of alcohol is 41.20 prohibited from operating a commercial motor vehicle for 24 41.21 hours from issuance of an out-of-service order. [169.1211, subd. 41.22 4, and 169.1215] 41.23 Subd. 8. [UNDERAGE DRINKING AND DRIVING VIOLATIONS.] The 41.24 administrative penalties described in section 169A.33, 41.25 subdivision 3, apply to violations of section 169A.33 (underage 41.26 drinking and driving). [new; see also 169.1218, par. (c)] 41.27 Subd. 9. [ALCOHOL-RELATED SCHOOL BUS DRIVING 41.28 VIOLATIONS.] The administrative penalties described in section 41.29 171.3215 (canceling school bus endorsements for certain offenses) 41.30 apply to violations of section 169A.20 (driving while impaired) 41.31 by a person driving, operating, or in physical control of a 41.32 school bus or Head Start bus. [new] 41.33 Subd. 10. [LICENSE REVOCATION; COURT INVALIDATION.] (a) 41.34 Except as provided in subdivision 7, on behalf of the 41.35 commissioner, a court shall serve notice of revocation or 41.36 cancellation on a person convicted of a violation of section 42.1 169A.20 (driving while impaired) unless the commissioner has 42.2 already revoked the person's driving privileges or served the 42.3 person with a notice of revocation for a violation of section 42.4 169A.52 (license revocation for test failure or refusal) arising 42.5 out of the same incident. 42.6 (b) The court shall invalidate the driver's license or 42.7 permit in such a way that no identifying information is 42.8 destroyed. [169.121, subd. 7] 42.9 Subd. 11. [CHEMICAL USE ASSESSMENT.] When the evidentiary 42.10 test shows an alcohol concentration of 0.07 or more, that result 42.11 must be reported to the commissioner. The commissioner shall 42.12 record that fact on the driver's record. When the driver's 42.13 record shows a second or subsequent report of an alcohol 42.14 concentration of 0.07 or more within two years of a recorded 42.15 report, the commissioner may require that the driver have a 42.16 chemical use assessment meeting the commissioner's 42.17 requirements. The assessment must be at the driver's expense. 42.18 In no event shall the commissioner deny the license of a person 42.19 who refuses to take the assessment or to undertake treatment, if 42.20 treatment is indicated by the assessment, for longer than 90 42.21 days. If an assessment is made pursuant to this section, the 42.22 commissioner may waive the assessment required by section 42.23 169A.70. [169.121, subd. 8] 42.24 Sec. 35. [169A.55] [LICENSE REVOCATION TERMINATION; 42.25 LICENSE REINSTATEMENT.] 42.26 Subdivision 1. [TERMINATION OF REVOCATION PERIOD.] If the 42.27 commissioner receives notice of the driver's attendance at a 42.28 driver improvement clinic, attendance at counseling sessions, or 42.29 participation in treatment for an alcohol problem, the 42.30 commissioner may, 30 days prior to the time the revocation 42.31 period would otherwise expire, terminate the revocation period. 42.32 The commissioner shall not terminate the revocation period under 42.33 this subdivision for a driver who has had a license revoked 42.34 under section 169A.52 (license revocation for test failure or 42.35 refusal); 169A.54 (impaired driving convictions and 42.36 adjudications; administrative penalties); or Minnesota Statutes 43.1 1998, section 169.121 (driving under the influence of alcohol or 43.2 controlled substances); or 169.123 (implied consent) for another 43.3 incident during the preceding three-year period. [169.123, subd. 43.4 10] 43.5 Subd. 2. [REINSTATEMENT OF DRIVING PRIVILEGES; 43.6 NOTICE.] Upon expiration of a period of revocation under section 43.7 169A.52 (license revocation for test failure or refusal) or 43.8 169A.54 (impaired driving convictions and adjudications; 43.9 administrative penalties), the commissioner shall notify the 43.10 person of the terms upon which driving privileges can be 43.11 reinstated, and new registration plates issued, which terms are: 43.12 (1) successful completion of an examination and proof of 43.13 compliance with any terms of alcohol treatment or counseling 43.14 previously prescribed, if any; and (2) any other requirements 43.15 imposed by the commissioner and applicable to that particular 43.16 case. The commissioner shall notify the owner of a motor 43.17 vehicle subject to an impoundment order under section 169A.60 43.18 (administrative impoundment of plates) as a result of the 43.19 violation of the procedures for obtaining new registration 43.20 plates, if the owner is not the violator. The commissioner 43.21 shall also notify the person that if driving is resumed without 43.22 reinstatement of driving privileges or without valid 43.23 registration plates and registration certificate, the person 43.24 will be subject to criminal penalties. [169.1261] 43.25 Sec. 36. [169A.60] [ADMINISTRATIVE IMPOUNDMENT OF PLATES.] 43.26 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 43.27 the following terms have the meanings given in this subdivision. 43.28 (b) "Motor vehicle" means a self-propelled motor vehicle 43.29 other than a motorboat in operation or a recreational vehicle. 43.30 (c) "Plate impoundment violation" includes: 43.31 (1) a violation of section 169A.20 (driving while impaired) 43.32 or 169A.52 (license revocation for test failure or refusal), or 43.33 a conforming ordinance from this state or a conforming statute 43.34 or ordinance from another state, that results in the revocation 43.35 of a person's driver's license or driving privileges, within ten 43.36 years of a qualified prior impaired driving incident; 44.1 (2) a license disqualification under section 171.165 44.2 (commercial driver's license disqualification) resulting from a 44.3 violation of section 169A.52 within ten years of a qualified 44.4 prior impaired driving incident; 44.5 (3) a violation of section 169A.20 while having an alcohol 44.6 concentration of 0.20 or more as measured at the time, or within 44.7 two hours of the time, of the offense; 44.8 (4) a violation of section 169A.20 while having a child 44.9 under the age of 16 in the vehicle if the child is more than 36 44.10 months younger than the offender; and 44.11 (5) a violation of section 171.24 (driving without valid 44.12 license) by a person whose driver's license or driving 44.13 privileges have been canceled under section 171.04, subdivision 44.14 1, clause (9) (persons not eligible for driver's license, 44.15 inimical to public safety). 44.16 (d) "Violator" means a person who was driving, operating, 44.17 or in physical control of the motor vehicle when the plate 44.18 impoundment violation occurred. 44.19 Subd. 2. [PLATE IMPOUNDMENT VIOLATION; ISSUANCE OF 44.20 IMPOUNDMENT ORDER.] (a) The commissioner shall issue a 44.21 registration plate impoundment order when: 44.22 (1) a person's driver's license or driving privileges are 44.23 revoked for a plate impoundment violation; or 44.24 (2) a person is arrested for or charged with a plate 44.25 impoundment violation described in subdivision 1, paragraph (c), 44.26 clause (5). 44.27 (b) The order must require the impoundment of the 44.28 registration plates of the motor vehicle involved in the plate 44.29 impoundment violation and all motor vehicles owned by, 44.30 registered, or leased in the name of the violator, including 44.31 motor vehicles registered jointly or leased in the name of the 44.32 violator and another. The commissioner shall not issue an 44.33 impoundment order for the registration plates of a rental 44.34 vehicle, as defined in section 168.041, subdivision 10, or a 44.35 vehicle registered in another state. 44.36 Subd. 3. [NOTICE OF IMPOUNDMENT.] An impoundment order is 45.1 effective when the commissioner or a peace officer acting on 45.2 behalf of the commissioner notifies the violator or the 45.3 registered owner of the motor vehicle of the intent to impound 45.4 and order of impoundment. The notice must advise the violator 45.5 of the duties and obligations set forth in subdivision 6 45.6 (surrender of plates) and of the right to obtain administrative 45.7 and judicial review. The notice to the registered owner who is 45.8 not the violator must include the procedure to obtain new 45.9 registration plates under subdivision 8. If mailed, the notice 45.10 and order of impoundment is deemed received three days after 45.11 mailing to the last known address of the violator or the 45.12 registered owner. 45.13 Subd. 4. [PEACE OFFICER AS AGENT FOR NOTICE OF 45.14 IMPOUNDMENT.] On behalf of the commissioner, a peace officer 45.15 issuing a notice of intent to revoke and of revocation for a 45.16 plate impoundment violation shall also serve a notice of intent 45.17 to impound and an order of impoundment. On behalf of the 45.18 commissioner, a peace officer who is arresting a person for or 45.19 charging a person with a plate impoundment violation described 45.20 in subdivision 1, paragraph (c), clause (5), shall also serve a 45.21 notice of intent to impound and an order of impoundment. If the 45.22 vehicle involved in the plate impoundment violation is 45.23 accessible to the officer at the time the impoundment order is 45.24 issued, the officer shall seize the registration plates subject 45.25 to the impoundment order. The officer shall destroy all plates 45.26 seized or impounded under this section. The officer shall send 45.27 to the commissioner copies of the notice of intent to impound 45.28 and the order of impoundment and a notice that registration 45.29 plates impounded and seized under this section have been 45.30 destroyed. 45.31 Subd. 5. [TEMPORARY PERMIT.] If the motor vehicle is 45.32 registered to the violator, the officer shall issue a temporary 45.33 vehicle permit that is valid for seven days when the officer 45.34 issues the notices under subdivision 4. If the motor vehicle is 45.35 registered in the name of another, the officer shall issue a 45.36 temporary vehicle permit that is valid for 45 days when the 46.1 notices are issued under subdivision 3. The permit must be in a 46.2 form determined by the registrar and whenever practicable must 46.3 be posted on the left side of the inside rear window of the 46.4 vehicle. A permit is valid only for the vehicle for which it is 46.5 issued. 46.6 Subd. 6. [SURRENDER OF PLATES.] Within seven days after 46.7 issuance of the impoundment notice, a person who receives a 46.8 notice of impoundment and impoundment order shall surrender all 46.9 registration plates subject to the impoundment order that were 46.10 not seized by a peace officer under subdivision 4. Registration 46.11 plates required to be surrendered under this subdivision must be 46.12 surrendered to a Minnesota police department, sheriff, or the 46.13 state patrol, along with a copy of the impoundment order. A law 46.14 enforcement agency receiving registration plates under this 46.15 subdivision shall destroy the plates and notify the commissioner 46.16 that they have been destroyed. The notification to the 46.17 commissioner shall also include a copy of the impoundment order. 46.18 Subd. 7. [VEHICLE NOT OWNED BY VIOLATOR.] A violator may 46.19 file a sworn statement with the commissioner within seven days 46.20 of the issuance of an impoundment order stating any material 46.21 information relating to the impoundment order, including that 46.22 the vehicle has been sold or destroyed, and supplying the date, 46.23 name, location, and address of the person or entity that 46.24 purchased or destroyed the vehicle. The commissioner shall 46.25 rescind the impoundment order if the violator shows that the 46.26 impoundment order was not properly issued. 46.27 Subd. 8. [REISSUANCE OF REGISTRATION PLATES.] (a) The 46.28 commissioner shall rescind the impoundment order of a person 46.29 subject to an order under this section, other than the violator, 46.30 if: 46.31 (1) the violator had a valid driver's license on the date 46.32 of the plate impoundment violation and the person files with the 46.33 commissioner an acceptable sworn statement containing the 46.34 following information: 46.35 (i) that the person is the registered owner of the vehicle 46.36 from which the plates have been impounded under this section; 47.1 (ii) that the person is the current owner and possessor of 47.2 the vehicle used in the violation; 47.3 (iii) the date on which the violator obtained the vehicle 47.4 from the registered owner; 47.5 (iv) the residence addresses of the registered owner and 47.6 the violator on the date the violator obtained the vehicle from 47.7 the registered owner; 47.8 (v) that the person was not a passenger in the vehicle at 47.9 the time of the plate impoundment violation; and 47.10 (vi) that the person knows that the violator may not drive, 47.11 operate, or be in physical control of a vehicle without a valid 47.12 driver's license; or 47.13 (2) the violator did not have a valid driver's license on 47.14 the date of the plate impoundment violation and the person made 47.15 a report to law enforcement before the violation stating that 47.16 the vehicle had been taken from the person's possession or was 47.17 being used without permission. 47.18 (b) A person who has failed to make a report as provided in 47.19 paragraph (a), clause (2), may be issued special registration 47.20 plates under subdivision 13 for a period of one year from the 47.21 effective date of the impoundment order. At the next 47.22 registration renewal following this period, the person may apply 47.23 for regular registration plates. 47.24 (c) If the order is rescinded, the owner shall receive new 47.25 registration plates at no cost, if the plates were seized and 47.26 destroyed. 47.27 Subd. 9. [ADMINISTRATIVE REVIEW.] (a) At any time during 47.28 the effective period of an impoundment order, a person may 47.29 request in writing a review of the impoundment order by the 47.30 commissioner. On receiving a request, the commissioner or the 47.31 commissioner's designee shall review the order, the evidence 47.32 upon which the order was based, and any other material 47.33 information brought to the attention of the commissioner, and 47.34 determine whether sufficient cause exists to sustain the order. 47.35 The commissioner shall report in writing the results of the 47.36 review within 15 days of receiving the request. The review 48.1 provided in this subdivision is not subject to the contested 48.2 case provisions of the Administrative Procedure Act in sections 48.3 14.001 to 14.69. As a result of this review, the commissioner 48.4 may authorize the issuance at no cost of new registration plates 48.5 to the registered owner of the vehicle if the registered owner's 48.6 license or driving privileges were not revoked as a result of 48.7 the plate impoundment violation. 48.8 (b) Review under this subdivision must take place, if 48.9 possible, at the same time as any administrative review of the 48.10 person's license revocation under section 169A.53 48.11 (administrative and judicial review of license revocation). 48.12 Subd. 10. [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 48.13 days following receipt of a notice and order of impoundment 48.14 under this section, a person may petition the court for review. 48.15 The petition must include the petitioner's date of birth, 48.16 driver's license number, and date of the plate impoundment 48.17 violation. The petition must state with specificity the grounds 48.18 upon which the petitioner seeks rescission of the order for 48.19 impoundment. The petition may be combined with any petition 48.20 filed under section 169A.53 (administrative and judicial review 48.21 of license revocation). 48.22 (b) Except as otherwise provided in this section, the 48.23 judicial review and hearing are governed by section 169A.53 and 48.24 must take place at the same time as any judicial review of the 48.25 person's license revocation under section 169A.53. The filing 48.26 of the petition does not stay the impoundment order. The 48.27 reviewing court may order a stay of the balance of the 48.28 impoundment period if the hearing has not been conducted within 48.29 60 days after filing of the petition upon terms the court deems 48.30 proper. The court shall order either that the impoundment be 48.31 rescinded or sustained, and forward the order to the 48.32 commissioner. The court shall file its order within 14 days 48.33 following the hearing. 48.34 (c) In addition to the issues described in section 169A.53, 48.35 subdivision 3 (judicial review of license revocation), the scope 48.36 of a hearing under this subdivision is limited to: 49.1 (1) whether the violator owns, is the registered owner of, 49.2 possesses, or has access to the vehicle used in the plate 49.3 impoundment violation; 49.4 (2) whether a member of the violator's household has a 49.5 valid driver's license, the violator or registered owner has a 49.6 limited license issued under section 171.30, the registered 49.7 owner is not the violator, and the registered owner has a valid 49.8 or limited driver's license, or a member of the registered 49.9 owner's household has a valid driver's license; and 49.10 (3) if the impoundment is based on a plate impoundment 49.11 violation described in subdivision 1, paragraph (c), clause (3) 49.12 or (4), whether the peace officer had probable cause to believe 49.13 the violator committed the plate impoundment violation and 49.14 whether the evidence demonstrates that the plate impoundment 49.15 violation occurred. 49.16 (d) In a hearing under this subdivision, the following 49.17 records are admissible in evidence: 49.18 (1) certified copies of the violator's driving record; and 49.19 (2) certified copies of vehicle registration records 49.20 bearing the violator's name. 49.21 Subd. 11. [RESCISSION OF REVOCATION; DISMISSAL OR 49.22 ACQUITTAL; NEW PLATES.] If: 49.23 (1) the driver's license revocation that is the basis for 49.24 an impoundment order is rescinded; 49.25 (2) the charges for the plate impoundment violation have 49.26 been dismissed with prejudice; or 49.27 (3) the violator has been acquitted of the plate 49.28 impoundment violation; 49.29 then the registrar of motor vehicles shall issue new 49.30 registration plates for the vehicle at no cost, when the 49.31 registrar receives an application that includes a copy of the 49.32 order rescinding the driver's license revocation, the order 49.33 dismissing the charges, or the judgment of acquittal. 49.34 Subd. 12. [CHARGE FOR REINSTATEMENT OF PLATES IN CERTAIN 49.35 SITUATIONS.] When the registrar of motor vehicles reinstates a 49.36 person's registration plates after impoundment for reasons other 50.1 than those described in subdivision 11, the registrar shall 50.2 charge the person $50 for each vehicle for which the 50.3 registration plates are being reinstated. 50.4 Subd. 13. [SPECIAL REGISTRATION PLATES.] A violator or 50.5 registered owner may apply to the commissioner for new 50.6 registration plates, which must bear a special series of numbers 50.7 or letters so as to be readily identified by traffic law 50.8 enforcement officers. The commissioner may authorize the 50.9 issuance of special plates if: 50.10 (1) the violator has a qualified licensed driver whom the 50.11 violator must identify; 50.12 (2) the violator or registered owner has a limited license 50.13 issued under section 171.30; 50.14 (3) the registered owner is not the violator and the 50.15 registered owner has a valid or limited driver's license; or 50.16 (4) a member of the registered owner's household has a 50.17 valid driver's license. 50.18 The commissioner may issue the special plates on payment of a 50.19 $50 fee for each vehicle for which special plates are requested. 50.20 Subd. 14. [SALE OF VEHICLE SUBJECT TO IMPOUNDMENT 50.21 ORDER.] A registered owner may not sell a motor vehicle during 50.22 the time its registration plates have been ordered impounded or 50.23 during the time its registration plates bear a special series 50.24 number, unless: 50.25 (1) the sale is for a valid consideration; 50.26 (2) the transferee does not reside in the same household as 50.27 the registered owner; and 50.28 (3) all elements of section 168A.10 (transfer of interest 50.29 by owner) are satisfied. 50.30 The registrar may then transfer the title to the new owner 50.31 upon proper application and issue new registration plates. 50.32 Subd. 15. [ACQUIRING ANOTHER VEHICLE.] If the violator 50.33 applies to the commissioner for registration plates for any 50.34 vehicle during the effective period of the plate impoundment, 50.35 the commissioner shall not issue registration plates unless the 50.36 violator qualifies for special registration plates under 51.1 subdivision 13 and unless the plates issued are special plates 51.2 as described in subdivision 13. 51.3 Subd. 16. [FEES CREDITED TO HIGHWAY USER FUND.] Fees 51.4 collected from the sale or reinstatement of license plates under 51.5 this section must be paid into the state treasury and credited 51.6 one-half to the highway user tax distribution fund and one-half 51.7 to the general fund. 51.8 Subd. 17. [PLATE IMPOUNDMENT; PENALTY.] Criminal penalties 51.9 for violating this section are governed by section 169A.37. 51.10 Subd. 18. [STOP OF VEHICLES BEARING SPECIAL PLATES.] The 51.11 authority of a peace officer to stop a vehicle bearing special 51.12 plates is governed by section 168.0422. [168.042] 51.13 Sec. 37. [169A.63] [VEHICLE FORFEITURE FOR DESIGNATED 51.14 OFFENSE OR LICENSE REVOCATION.] 51.15 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 51.16 the following terms have the meanings given them. 51.17 (b) "Appropriate agency" means a law enforcement agency 51.18 that has the authority to make an arrest for a violation of a 51.19 designated offense or to require a test under section 169A.51 51.20 (chemical tests for intoxication). 51.21 (c) "Designated license revocation" includes a license 51.22 revocation under section 169A.52 (license revocation for test 51.23 failure or refusal) or a license disqualification under section 51.24 171.165 (commercial driver's license disqualification) resulting 51.25 from a violation of section 169A.52; within ten years of the 51.26 first of two or more qualified prior impaired driving incidents. 51.27 (d) "Designated offense" includes: 51.28 (1) a violation of section 169A.20 (driving while impaired) 51.29 under the circumstances described in section 169A.25 51.30 (first-degree driving while impaired); or 51.31 (2) a violation of section 169A.20 or an ordinance in 51.32 conformity with it: 51.33 (i) by a person whose driver's license or driving 51.34 privileges have been canceled as inimical to public safety under 51.35 section 171.04, subdivision 1, clause (9); or 51.36 (ii) by a person who is subject to a restriction on the 52.1 person's driver's license under section 171.09 (commissioner's 52.2 license restrictions), which provides that the person may not 52.3 use or consume any amount of alcohol or a controlled substance. 52.4 (e) "Motor vehicle" and "vehicle" do not include a vehicle 52.5 which is stolen or taken in violation of the law. 52.6 (f) "Owner" means the registered owner of the motor vehicle 52.7 according to records of the department of public safety and 52.8 includes a lessee of a motor vehicle if the lease agreement has 52.9 a term of 180 days or more. 52.10 (g) "Prosecuting authority" means the attorney in the 52.11 jurisdiction in which the designated offense occurred who is 52.12 responsible for prosecuting violations of a designated offense. 52.13 Subd. 2. [SEIZURE.] (a) A motor vehicle subject to 52.14 forfeiture under this section may be seized by the appropriate 52.15 agency upon process issued by any court having jurisdiction over 52.16 the vehicle. 52.17 (b) Property may be seized without process if: 52.18 (1) the seizure is incident to a lawful arrest or a lawful 52.19 search; 52.20 (2) the vehicle subject to seizure has been the subject of 52.21 a prior judgment in favor of the state in a criminal injunction 52.22 or forfeiture proceeding under this section; or 52.23 (3) the appropriate agency has probable cause to believe 52.24 that the delay occasioned by the necessity to obtain process 52.25 would result in the removal or destruction of the vehicle. If 52.26 property is seized without process under this clause, the 52.27 prosecuting authority must institute a forfeiture action under 52.28 this section as soon as is reasonably possible. 52.29 Subd. 3. [RIGHT TO POSSESSION VESTS IMMEDIATELY; CUSTODY 52.30 OF SEIZED VEHICLE.] All right, title, and interest in a vehicle 52.31 subject to forfeiture under this section vests in the 52.32 appropriate agency upon commission of the conduct resulting in 52.33 the designated offense or designated license revocation giving 52.34 rise to the forfeiture. Any vehicle seized under this section 52.35 is not subject to replevin, but is deemed to be in the custody 52.36 of the appropriate agency subject to the orders and decrees of 53.1 the court having jurisdiction over the forfeiture proceedings. 53.2 When a vehicle is seized under this section, the appropriate 53.3 agency may: 53.4 (1) place the vehicle under seal; 53.5 (2) remove the vehicle to a place designated by it; 53.6 (3) place a disabling device on the vehicle; and 53.7 (4) take other steps reasonable and necessary to secure the 53.8 vehicle and prevent waste. 53.9 Subd. 4. [BOND BY OWNER FOR POSSESSION.] If the owner of a 53.10 vehicle that has been seized under this section seeks possession 53.11 of the vehicle before the forfeiture action is determined, the 53.12 owner may, subject to the approval of the appropriate agency, 53.13 give security or post bond payable to the appropriate agency in 53.14 an amount equal to the retail value of the seized vehicle. On 53.15 posting the security or bond, the seized vehicle may be returned 53.16 to the owner only if a disabling device is attached to the 53.17 vehicle. The forfeiture action must proceed against the 53.18 security as if it were the seized vehicle. 53.19 Subd. 5. [EVIDENCE.] Certified copies of court records and 53.20 motor vehicle and driver's license records concerning qualified 53.21 prior impaired driving incidents are admissible as substantive 53.22 evidence where necessary to prove the commission of a designated 53.23 offense or the occurrence of a designated license revocation. 53.24 Subd. 6. [MOTOR VEHICLE SUBJECT TO FORFEITURE.] A motor 53.25 vehicle is subject to forfeiture under this section if it was 53.26 used in the commission of a designated offense or was used in 53.27 conduct resulting in a designated license revocation. 53.28 Subd. 7. [LIMITATIONS ON FORFEITURE OF MOTOR VEHICLE.] (a) 53.29 A vehicle is subject to forfeiture under this section only if: 53.30 (1) the driver is convicted of the designated offense upon 53.31 which the forfeiture is based; 53.32 (2) the driver fails to appear with respect to the 53.33 designated offense charge in violation of section 609.49 53.34 (release; failure to appear); or 53.35 (3) the driver's conduct results in a designated license 53.36 revocation and the driver either fails to seek administrative or 54.1 judicial review of the revocation in a timely manner as required 54.2 by section 169A.53 (administrative and judicial review of 54.3 license revocation), or the license revocation is sustained 54.4 under section 169A.53. 54.5 (b) A vehicle encumbered by a bona fide security interest, 54.6 or subject to a lease that has a term of 180 days or more, is 54.7 subject to the interest of the secured party or lessor unless 54.8 the party or lessor had knowledge of or consented to the act 54.9 upon which the forfeiture is based. However, when the proceeds 54.10 of the sale of a seized vehicle do not equal or exceed the 54.11 outstanding loan balance, the appropriate agency shall remit all 54.12 proceeds of the sale to the secured party. If the sale of the 54.13 vehicle is conducted in a commercially reasonable manner 54.14 consistent with the provisions of section 336.9-504, clause (3), 54.15 the agency is not liable to the secured party for any amount 54.16 owed on the loan in excess of the sale proceeds if the secured 54.17 party received notification of the time and place of the sale at 54.18 least three days prior to the sale. 54.19 (c) Notwithstanding paragraphs (b) and (d), the secured 54.20 party's, lessor's, or owner's interest in a vehicle is not 54.21 subject to forfeiture based solely on the secured party's, 54.22 lessor's, or owner's knowledge of the act or omission upon which 54.23 the forfeiture is based if the secured party, lessor, or owner 54.24 took reasonable steps to terminate use of the vehicle by the 54.25 offender. 54.26 (d) A motor vehicle is subject to forfeiture under this 54.27 section only if its owner knew or should have known of the 54.28 unlawful use or intended use. 54.29 (e) A vehicle subject to a security interest, based upon a 54.30 loan or other financing arranged by a financial institution, is 54.31 subject to the interest of the financial institution. 54.32 Subd. 8. [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 54.33 motor vehicle used to commit a designated offense or used in 54.34 conduct resulting in a designated license revocation is subject 54.35 to administrative forfeiture under this subdivision. 54.36 (b) When a motor vehicle is seized under subdivision 2, the 55.1 appropriate agency shall serve the driver or operator of the 55.2 vehicle with a notice of the seizure and intent to forfeit the 55.3 vehicle. Additionally, when a motor vehicle is seized under 55.4 subdivision 2, or within a reasonable time after that, all 55.5 persons known to have an ownership, possessory, or security 55.6 interest in the vehicle must be notified of the seizure and the 55.7 intent to forfeit the vehicle. If the vehicle is required to be 55.8 registered under chapter 168, the notification to a person known 55.9 to have a security interest in the vehicle is required only if 55.10 the vehicle is registered under chapter 168 and the interest is 55.11 listed on the vehicle's title. Notice mailed by certified mail 55.12 to the address shown in department of public safety records is 55.13 sufficient notice to the registered owner of the vehicle. 55.14 Otherwise, notice may be given in the manner provided by law for 55.15 service of a summons in a civil action. 55.16 (c) The notice must be in writing and contain: 55.17 (1) a description of the vehicle seized; 55.18 (2) the date of seizure; and 55.19 (3) notice of the right to obtain judicial review of the 55.20 forfeiture and of the procedure for obtaining that judicial 55.21 review, printed in English, Hmong, and Spanish. Substantially 55.22 the following language must appear conspicuously: "IF YOU DO 55.23 NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 55.24 STATUTES, SECTION 169A.63, SUBDIVISION 8, YOU LOSE THE RIGHT TO 55.25 A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 55.26 RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY. YOU MAY NOT 55.27 HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 55.28 UNABLE TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR 55.29 LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT 55.30 HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS 55.31 WORTH LESS THAN $500." 55.32 (d) Within 30 days following service of a notice of seizure 55.33 and forfeiture under this subdivision, a claimant may file a 55.34 demand for a judicial determination of the forfeiture. The 55.35 demand must be in the form of a civil complaint and must be 55.36 filed with the court administrator in the county in which the 56.1 seizure occurred, together with proof of service of a copy of 56.2 the complaint on the prosecuting authority having jurisdiction 56.3 over the forfeiture, and the standard filing fee for civil 56.4 actions unless the petitioner has the right to sue in forma 56.5 pauperis under section 563.01. If the value of the seized 56.6 property is $7,500 or less, the claimant may file an action in 56.7 conciliation court for recovery of the seized vehicle. If the 56.8 value of the seized property is less than $500, the claimant 56.9 does not have to pay the conciliation court filing fee. No 56.10 responsive pleading is required of the prosecuting authority and 56.11 no court fees may be charged for the prosecuting authority's 56.12 appearance in the matter. Except as provided in this section, 56.13 judicial reviews and hearings are governed by section 169A.53, 56.14 subdivisions 2 and 3, and shall take place at the same time as 56.15 any judicial review of the person's license revocation under 56.16 section 169A.53. The proceedings may be combined with any 56.17 hearing on a petition filed under section 169A.53, subdivision 56.18 2, and are governed by the Rules of Civil Procedure. 56.19 (e) The complaint must be captioned in the name of the 56.20 claimant as plaintiff and the seized vehicle as defendant, and 56.21 must state with specificity the grounds on which the claimant 56.22 alleges the vehicle was improperly seized and the plaintiff's 56.23 interest in the vehicle seized. Notwithstanding any law to the 56.24 contrary, an action for the return of a vehicle seized under 56.25 this section may not be maintained by or on behalf of any person 56.26 who has been served with a notice of seizure and forfeiture 56.27 unless the person has complied with this subdivision. 56.28 (f) If the claimant makes a timely demand for a judicial 56.29 determination under this subdivision, the appropriate agency 56.30 must conduct the forfeiture under subdivision 9. 56.31 (g) If a demand for judicial determination of an 56.32 administrative forfeiture is filed under this subdivision and 56.33 the court orders the return of the seized vehicle, the court 56.34 shall order that filing fees be reimbursed to the person who 56.35 filed the demand. In addition, the court may order sanctions 56.36 under section 549.211 (sanctions in civil actions). 57.1 Subd. 9. [JUDICIAL FORFEITURE PROCEDURE.] (a) This 57.2 subdivision governs judicial determinations of the forfeiture of 57.3 a motor vehicle used to commit a designated offense or used in 57.4 conduct resulting in a designated license revocation. 57.5 (b) A separate complaint must be filed against the vehicle, 57.6 describing it, specifying that it was used in the commission of 57.7 a designated offense or was used in conduct resulting in a 57.8 designated license revocation, and specifying the time and place 57.9 of its unlawful use. If the forfeiture is based on the 57.10 commission of a designated offense and the person charged with 57.11 the designated offense appears in court as required and is not 57.12 convicted of the offense, the court shall dismiss the complaint 57.13 against the vehicle and order the property returned to the 57.14 person legally entitled to it. If the forfeiture is based on a 57.15 designated license revocation, and the license revocation is 57.16 rescinded under section 169A.53 (administrative and judicial 57.17 review of license revocation), the court shall dismiss the 57.18 complaint against the vehicle and order the property returned to 57.19 the person legally entitled to it. If the lawful ownership of 57.20 the vehicle used in the commission of a designated offense or 57.21 used in conduct resulting in a designated license revocation can 57.22 be determined and it is found the owner was not privy to 57.23 commission of a designated offense or was not privy to the 57.24 conduct resulting in the designated license revocation, the 57.25 vehicle must be returned immediately. 57.26 Subd. 10. [DISPOSITION OF FORFEITED VEHICLE.] (a) If the 57.27 vehicle is administratively forfeited under subdivision 8, or if 57.28 the court finds under subdivision 9 that the vehicle is subject 57.29 to forfeiture under subdivisions 6 and 7, the appropriate agency 57.30 shall: 57.31 (1) sell the vehicle and distribute the proceeds under 57.32 paragraph (b); or 57.33 (2) keep the vehicle for official use. If the agency keeps 57.34 a forfeited motor vehicle for official use, it shall make 57.35 reasonable efforts to ensure that the motor vehicle is available 57.36 for use by the agency's officers who participate in the drug 58.1 abuse resistance education program. 58.2 (b) The proceeds from the sale of forfeited vehicles, after 58.3 payment of seizure, storage, forfeiture, and sale expenses, and 58.4 satisfaction of valid liens against the property, must be 58.5 forwarded to the treasury of the political subdivision that 58.6 employs the appropriate agency responsible for the forfeiture 58.7 for use in DWI-related enforcement, training, and education. If 58.8 the appropriate agency is an agency of state government, the net 58.9 proceeds must be forwarded to the state treasury and credited to 58.10 the following funds: 58.11 (1) if the forfeited vehicle is a motorboat, the net 58.12 proceeds must be credited to the water recreation account in the 58.13 natural resources fund; 58.14 (2) if the forfeited vehicle is a snowmobile, the net 58.15 proceeds must be credited to the snowmobile trails and 58.16 enforcement account in the natural resources fund; 58.17 (3) if the forfeited vehicle is an all-terrain vehicle, the 58.18 net proceeds must be credited to the all-terrain vehicle account 58.19 in the natural resources fund; 58.20 (4) if the forfeited vehicle is an off-highway motorcycle, 58.21 the net proceeds must be credited to the off-highway motorcycle 58.22 account in the natural resources fund; 58.23 (5) if the forfeited vehicle is an off-road vehicle, the 58.24 net proceeds must be credited to the off-road vehicle account in 58.25 the natural resources fund; and 58.26 (6) if otherwise, the net proceeds must be credited to the 58.27 general fund. [169.1217] 58.28 MISCELLANEOUS PROVISIONS 58.29 Sec. 38. [169A.70] [ALCOHOL SAFETY PROGRAMS; CHEMICAL USE 58.30 ASSESSMENTS.] 58.31 Subdivision 1. [ALCOHOL SAFETY PROGRAMS; 58.32 ESTABLISHMENT.] (a) The county board of every county shall 58.33 establish an alcohol safety program designed to provide chemical 58.34 use assessments of persons convicted of an offense enumerated in 58.35 subdivision 2. [169.124] 58.36 (b) County boards may enter into an agreement to establish 59.1 a regional alcohol safety program. County boards may contract 59.2 with other counties and agencies for alcohol problem screening 59.3 and chemical use assessment services. [169.125] 59.4 Subd. 2. [CHEMICAL USE ASSESSMENT; REQUIREMENT; FORM.] A 59.5 chemical use assessment must be conducted and an assessment 59.6 report submitted to the court and to the department of public 59.7 safety by the county agency administering the alcohol safety 59.8 program when: 59.9 (1) the defendant is convicted of an offense described in 59.10 section 169A.20 (driving while impaired), 169A.31 59.11 (alcohol-related school bus and Head Start bus driving), or 59.12 360.0752 (impaired aircraft operation); or 59.13 (2) the defendant is arrested for committing an offense 59.14 described in clause (1) but is convicted of another offense 59.15 arising out of the circumstances surrounding the arrest. 59.16 Subd. 3. [ASSESSMENT REPORT.] (a) The assessment report 59.17 must be on a form prescribed by the commissioner and shall 59.18 contain an evaluation of the convicted defendant concerning the 59.19 defendant's prior traffic record, characteristics and history of 59.20 alcohol and chemical use problems, and amenability to 59.21 rehabilitation through the alcohol safety program. The report 59.22 is classified as private data on individuals as defined in 59.23 section 13.02, subdivision 12. 59.24 (b) The assessment report must include: 59.25 (1) a recommended level of care for the offender in 59.26 accordance with the criteria contained in rules adopted by the 59.27 commissioner of human services under section 254A.03, 59.28 subdivision 3 (chemical dependency treatment rules); 59.29 (2) recommendations for other appropriate remedial action 59.30 or care that may consist of educational programs, one-on-one 59.31 counseling, a program or type of treatment that addresses mental 59.32 health concerns, or a combination of them; or 59.33 (3) a specific explanation why no level of care or action 59.34 was recommended. 59.35 Subd. 4. [ASSESSOR STANDARDS; RULES; ASSESSMENT TIME 59.36 LIMITS.] A chemical use assessment required by this section must 60.1 be conducted by an assessor appointed by the court. The 60.2 assessor must meet the training and qualification requirements 60.3 of rules adopted by the commissioner of human services under 60.4 section 254A.03, subdivision 3 (chemical dependency treatment 60.5 rules). Notwithstanding section 13.82 (law enforcement data), 60.6 the assessor shall have access to any police reports, laboratory 60.7 test results, and other law enforcement data relating to the 60.8 current offense or previous offenses that are necessary to 60.9 complete the evaluation. An assessor providing an assessment 60.10 under this section may not have any direct or shared financial 60.11 interest or referral relationship resulting in shared financial 60.12 gain with a treatment provider. If an independent assessor is 60.13 not available, the court may use the services of an assessor 60.14 authorized to perform assessments for the county social services 60.15 agency under a variance granted under rules adopted by the 60.16 commissioner of human services under section 254A.03, 60.17 subdivision 3. An appointment for the defendant to undergo the 60.18 assessment must be made by the court, a court services probation 60.19 officer, or the court administrator as soon as possible but in 60.20 no case more than one week after the defendant's court 60.21 appearance. The assessment must be completed no later than 60.22 three weeks after the defendant's court appearance. If the 60.23 assessment is not performed within this time limit, the county 60.24 where the defendant is to be sentenced shall perform the 60.25 assessment. The county of financial responsibility must be 60.26 determined under chapter 256G. 60.27 Subd. 5. [APPLICABILITY TO NONRESIDENT.] This section does 60.28 not apply to a person who is not a resident of the state of 60.29 Minnesota at the time of the offense and at the time of the 60.30 assessment. [169.126] 60.31 Sec. 39. [169A.71] [RESEARCH PROGRAMS.] 60.32 No person is guilty of a violation of section 169A.20 60.33 (driving while impaired) committed while participating in a 60.34 research or demonstration project conducted by the Minnesota 60.35 highway safety center. This section applies only to conduct 60.36 occurring while operating a state-owned vehicle under the 61.1 supervision of personnel of the center on the grounds of the 61.2 center. [169.121, subd. 10] 61.3 Sec. 40. [169A.72] [DRIVER EDUCATION PROGRAMS.] 61.4 Driver training courses offered through the public schools 61.5 and driver training courses offered by private or commercial 61.6 schools or institutes shall include instruction which must 61.7 encompass at least: 61.8 (1) information on the effects of consumption of beverage 61.9 alcohol products and the use of illegal drugs, prescription 61.10 drugs, and nonprescription drugs on the ability of a person to 61.11 operate a motor vehicle; 61.12 (2) the hazards of driving while under the influence of 61.13 alcohol or drugs; and 61.14 (3) the legal penalties and financial consequences 61.15 resulting from violations of laws prohibiting the operation of a 61.16 motor vehicle while under the influence of alcohol or drugs. 61.17 [169.121, subd. 12] 61.18 Sec. 41. [169A.73] [REMOTE ELECTRONIC ALCOHOL MONITORING 61.19 PROGRAM.] 61.20 Subdivision 1. [DEFINITIONS.] As used in this section: 61.21 (1) "breath analyzer unit" means a device that performs 61.22 breath alcohol testing and is connected to a remote electronic 61.23 alcohol monitoring system; and 61.24 (2) "remote electronic alcohol monitoring system" means a 61.25 system that electronically monitors the alcohol concentration of 61.26 individuals in their homes or other locations to ensure 61.27 compliance with conditions of pretrial release, supervised 61.28 release, or probation. 61.29 Subd. 2. [PROGRAM ESTABLISHED.] In cooperation with the 61.30 conference of chief judges, the state court administrator, and 61.31 the commissioner of public safety, the commissioner of 61.32 corrections shall establish a program to use breath analyzer 61.33 units to monitor impaired driving offenders who are ordered to 61.34 abstain from alcohol use as a condition of pretrial release, 61.35 supervised release, or probation. The program must include 61.36 procedures to ensure that violators of this condition of release 62.1 receive swift consequences for the violation. 62.2 Subd. 3. [COST OF PROGRAM.] Offenders who are ordered to 62.3 participate in the program shall also be ordered to pay the per 62.4 diem cost of the monitoring unless the offender is indigent. 62.5 The commissioner of corrections shall reimburse the judicial 62.6 districts in a manner proportional to their use of remote 62.7 electronic alcohol monitoring for any costs the districts incur 62.8 in participating in the program. 62.9 Subd. 4. [REPORT REQUIRED.] By January 1, 2004, the 62.10 commissioner of corrections shall evaluate the effectiveness of 62.11 the program and report the results of this evaluation to the 62.12 conference of chief judges, the state court administrator, the 62.13 commissioner of public safety, and the chairs and ranking 62.14 minority members of the house and senate committees and 62.15 divisions having jurisdiction over criminal justice policy and 62.16 funding. [169.1219] 62.17 Sec. 42. [169A.74] [PILOT PROGRAMS OF INTENSIVE PROBATION 62.18 FOR REPEAT IMPAIRED DRIVING OFFENDERS.] 62.19 Subdivision 1. [GRANT APPLICATION.] The commissioners of 62.20 corrections and public safety, in cooperation with the 62.21 commissioner of human services, shall jointly administer a 62.22 program to provide grants to counties to establish and operate 62.23 programs of intensive probation for repeat violators of the 62.24 driving while impaired laws. The commissioners shall adopt an 62.25 application form on which a county or a group of counties may 62.26 apply for a grant to establish and operate an impaired driving 62.27 repeat offender program. 62.28 Subd. 2. [GOALS.] The goals of the impaired driving repeat 62.29 offender program are to protect public safety and provide an 62.30 appropriate sentencing alternative for persons convicted of 62.31 repeat violations of section 169A.20 (driving while impaired), 62.32 who are considered to be of high risk to the community. 62.33 Subd. 3. [PROGRAM ELEMENTS.] To be considered for a grant 62.34 under this section, a county program must contain the following 62.35 elements: 62.36 (1) an initial assessment of the offender's chemical 63.1 dependency, based on the results of a chemical use assessment 63.2 conducted under section 169A.70, with recommended treatment and 63.3 aftercare, and a requirement that the offender follow the 63.4 recommended treatment and aftercare; 63.5 (2) several stages of probation supervision, including: 63.6 (i) a period of incarceration in a local or regional 63.7 detention facility; 63.8 (ii) a period during which an offender is, at all times, 63.9 either working, on home detention, being supervised at a program 63.10 facility, or traveling between two of these locations; 63.11 (iii) a period of home detention; and 63.12 (iv) a period of gradually decreasing involvement with the 63.13 program; 63.14 (3) decreasing levels of intensity and contact with 63.15 probation officials based on the offender's successful 63.16 participation in the program and compliance with its rules; 63.17 (4) a provision for increasing the severity of the 63.18 program's requirements when an offender offends again or 63.19 violates the program's rules; 63.20 (5) a provision for offenders to continue or seek 63.21 employment during their period of intensive probation; 63.22 (6) a requirement that offenders abstain from alcohol and 63.23 controlled substances during the probation period and be tested 63.24 for such use on a routine basis; and 63.25 (7) a requirement that all or a substantial part of the 63.26 costs of the program be paid by the offenders. 63.27 Subd. 4. [TRAINING.] Counties participating in the program 63.28 shall provide relevant training in intensive probation programs 63.29 to affected officials. [169.1265] 63.30 Sec. 43. [169A.75] [IMPAIRED DRIVING-RELATED RULES.] 63.31 The commissioner may promulgate rules to carry out the 63.32 provisions of this chapter. The rules may include forms for 63.33 notice of intention to revoke that describe clearly the right to 63.34 a hearing, the procedure for requesting a hearing, and the 63.35 consequences of failure to request a hearing; forms for 63.36 revocation and notice of reinstatement of driving privileges as 64.1 provided in section 169A.55; and forms for temporary licenses. 64.2 Rules promulgated pursuant to this section are subject to 64.3 sections 14.01 to 14.20 and 14.365 to 14.69 (Administrative 64.4 Procedure Act). [169.128] 64.5 Sec. 44. [169A.76] [CIVIL ACTION; PUNITIVE DAMAGES.] 64.6 In a civil action involving a motor vehicle accident, it is 64.7 sufficient for the trier of fact to consider an award of 64.8 punitive damages if there is evidence that the accident was 64.9 caused by a driver: 64.10 (1) with an alcohol concentration of 0.10 or more; 64.11 (2) who was under the influence of a controlled substance; 64.12 (3) who was under the influence of alcohol and refused to 64.13 take a test required under section 169A.51 (chemical tests for 64.14 intoxication); or 64.15 (4) who was knowingly under the influence of a hazardous 64.16 substance that substantially affects the person's nervous 64.17 system, brain, or muscles so as to impair the person's ability 64.18 to drive or operate a motor vehicle. 64.19 A criminal charge or conviction is not a prerequisite to 64.20 consideration of punitive damages under this section. At the 64.21 trial in an action where the trier of fact will consider an 64.22 award of punitive damages, evidence that the driver has been 64.23 convicted of violating section 169A.20 (driving while impaired) 64.24 or 609.21 (criminal vehicular homicide and injury) is admissible 64.25 into evidence. [169.121, subd. 10a] 64.26 ARTICLE 2 64.27 CONFORMING AMENDMENTS; 64.28 IMPLEMENTATION OF ACT 64.29 Section 1. Minnesota Statutes 1999 Supplement, section 64.30 260B.171, subdivision 7, is amended to read: 64.31 Subd. 7. [COURT RECORD RELEASED TO PROSECUTOR.] If a 64.32 prosecutor has probable cause to believe that a person has 64.33 committed a gross misdemeanor violation of section169.121 or64.34has violated section 169.129169A.20, and that a prior juvenile 64.35 court adjudication forms, in part, the basis for the current 64.36 violation, the prosecutor may file an application with the court 65.1 having jurisdiction over the criminal matter attesting to this 65.2 probable cause determination and seeking the relevant juvenile 65.3 court records. The court shall transfer the application to the 65.4 juvenile court where the requested records are maintained, and 65.5 the juvenile court shall release to the prosecutor any records 65.6 relating to the person's prior juvenile traffic adjudication, 65.7 including a transcript, if any, of the court's advisory of the 65.8 right to counsel and the person's exercise or waiver of that 65.9 right. 65.10 Sec. 2. Minnesota Statutes 1999 Supplement, section 65.11 260B.225, subdivision 4, is amended to read: 65.12 Subd. 4. [ORIGINAL JURISDICTION; JUVENILE COURT.] The 65.13 juvenile courtshall havehas original jurisdiction over: 65.14 (1) all juveniles age 15 and under alleged to have 65.15 committed any traffic offense; and 65.16 (2) 16- and 17-year-olds alleged to have committed any 65.17 major traffic offense, except that the adult court has original 65.18 jurisdiction over: 65.19 (i) petty traffic misdemeanors not a part of the same 65.20 behavioral incident of a misdemeanor being handled in juvenile 65.21 court; and 65.22 (ii) violations ofsections 169.121 (drivers under the65.23influence of alcohol or controlled substance) and 169.12965.24(aggravated driving while intoxicated)section 169A.20 (driving 65.25 while impaired), and any other misdemeanor or gross misdemeanor 65.26 level traffic violations committed as part of the same 65.27 behavioral incident as a violation of section169.121 or 169.12965.28 169A.20. 65.29 Sec. 3. Minnesota Statutes 1999 Supplement, section 65.30 609.035, subdivision 2, is amended to read: 65.31 Subd. 2. (a) When a person is being sentenced for a 65.32 violation of a provision listed in paragraph(f)(e), the court 65.33 may sentence the person to a consecutive term of imprisonment 65.34 for a violation of any other provision listed in 65.35 paragraph(f)(e), notwithstanding the fact that the offenses 65.36 arose out of the same course of conduct, subject to the 66.1 limitation on consecutive sentences contained in section 609.15, 66.2 subdivision 2, and except as provided in paragraphs (b), 66.3 (c),(d),and(g)(f) of this subdivision. 66.4 (b)When a person is being sentenced for a violation of66.5section 169.129 the court may not impose a consecutive sentence66.6for a violation of a provision of section 169.121, subdivision66.71, or for a violation of a provision of section 171.20, 171.24,66.8or 171.30.66.9(c)When a person is being sentenced for a violation of 66.10 section 171.20, 171.24, or 171.30, the court may not impose a 66.11 consecutive sentence for another violation of a provision in 66.12 chapter 171. 66.13(d)(c) When a person is being sentenced for a violation of 66.14 section 169.791 or 169.797, the court may not impose a 66.15 consecutive sentence for another violation of a provision of 66.16 sections 169.79 to 169.7995. 66.17(e)(d) This subdivision does not limit the authority of 66.18 the court to impose consecutive sentences for crimes arising on 66.19 different dates or to impose a consecutive sentence when a 66.20 person is being sentenced for a crime and is also in violation 66.21 of the conditions of a stayed or otherwise deferred sentence 66.22 under section 609.135. 66.23(f)(e) This subdivision applies to misdemeanor and gross 66.24 misdemeanor violations of the following if the offender has two 66.25 or more prior impaired driving convictions as defined in section 66.26169.121, subdivision 3169A.03 within the past ten years: 66.27 (1) section169.121, subdivision 1, driving while66.28intoxicated169A.20, driving while impaired; 66.29 (2)section 169.121, subdivision 1a, testing refusal;66.30(3) section 169.129, aggravated driving while intoxicated;66.31(4)section 169.791, failure to provide proof of insurance; 66.32(5)(3) section 169.797, failure to provide vehicle 66.33 insurance; 66.34(6)(4) section 171.20, subdivision 2, operation after 66.35 revocation, suspension, cancellation, or disqualification; 66.36(7)(5) section 171.24, driving without valid license; and 67.1(8)(6) section 171.30, violation of condition of limited 67.2 license. 67.3(g)(f) When a court is sentencing an offender for a 67.4 violation of section169.121 or 169.129169A.20 and a violation 67.5 of an offense listed in paragraph(f)(e), and the offender has 67.6 five or more qualified prior impaired drivingconvictions, five67.7or more prior license revocations, or a combination of the two67.8based on separate instances,incidents, as defined in section 67.9 169A.03, within theperson's lifetimepast ten years, the court 67.10 shall sentence the offender to serve consecutive sentences for 67.11 the offenses, notwithstanding the fact that the offenses arose 67.12 out of the same course of conduct. 67.13 Sec. 4. Minnesota Statutes 1998, section 629.471, is 67.14 amended to read: 67.15 629.471 [MAXIMUM BAIL ON MISDEMEANORS; GROSS MISDEMEANORS.] 67.16 Subdivision 1. [DOUBLE THE FINE.] Except as provided in 67.17 subdivision 2 or 3, the maximum cash bail that may be required 67.18 for a person charged with a misdemeanor or gross misdemeanor 67.19 offense is double the highest cash fine that may be imposed for 67.20 that offense. 67.21 Subd. 2. [QUADRUPLE THE FINE.] (a) For offenses under 67.22 sections 169.09,169.121, 169.129,169A.20, 171.24, paragraph 67.23 (c), 609.2231, subdivision 2, 609.487, and 609.525, the maximum 67.24 cash bail that may be required for a person charged with a 67.25 misdemeanor or gross misdemeanor violation is quadruple the 67.26 highest cash fine that may be imposed for the offense. 67.27 (b) Unless the court imposes the conditions of release 67.28 specified in section169.121, subdivision 1c,169A.44, the court 67.29 must impose maximum bail when releasing a person from detention 67.30 who has been charged with violating section169.121, subdivision67.311,169A.20 if the person has three or more prior impaired 67.32 driving convictions within the previous ten yearsor four or67.33more prior impaired driving convictions in the person's67.34lifetime. As used in this subdivision, "prior impaired driving 67.35 conviction" has the meaning given in section169.121,67.36subdivision 3169A.03. 68.1 Subd. 3. [SIX TIMES THE FINE.] For offenses under sections 68.2 518B.01, 609.224, and 609.2242, the maximum cash bail that may 68.3 be required for a person charged with a misdemeanor or gross 68.4 misdemeanor violation is six times the highest cash fine that 68.5 may be imposed for the offense. 68.6 Sec. 5. [INSTRUCTION TO REVISOR.] 68.7 (a) In each section of Minnesota Statutes referred to in 68.8 column A, the revisor of statutes shall delete the reference in 68.9 column B and insert the reference in column C. 68.10 Column A Column B Column C 68.11 3.736, subd. 3 169.121, subd. 9 169A.48 68.12 13.99, subd. 54a 169.126, subd. 2 169A.70 68.13 65B.133, subd. 5 169.123 169A.52 68.14 65B.15, subd. 1 169.121, subd. 1, 169A.20 68.15 para. (a) 68.16 84.795, subd. 2 chapter 169 chapters 169 and 68.17 169A 68.18 84.795, subd. 5 169.121 169A.20 68.19 84.795, subd. 5 169.123 169A.50 to 169A.53 68.20 84.804, subd. 2 169.121 to 169.129 chapter 169A 68.21 84.83, subd. 2 169.1217 169A.63 68.22 84.83, subd. 5 169.121 169A.20 68.23 84.83, subd. 5 169.01, subd. 86 169A.03, subd. 16 68.24 84.87, subd. 1 chapter 169 chapters 169 and 68.25 169A 68.26 84.91, subd. 1 169.121 to 169.1218 chapter 169A 68.27 and 169.123 to 68.28 169.129 68.29 84.91, subd. 1 169.123 169A.50 to 169A.53 68.30 84.91, subd. 1 169.121, subd. 3 169A.03 68.31 84.91, subd. 1 169.123 169A.53 68.32 84.911, subd. 7 169.01, subd. 86 169A.03, subd. 16 68.33 84.927, subd. 1 169.1217 169A.63 68.34 84.928, subd. 1a chapter 169 chapters 169 and 68.35 169A 68.36 86B.305, subd. 1 169.121 169A.20 69.1 86B.305, subd. 2 169.121 169A.20 69.2 86B.331, subd. 1 169.121 to 169.1218 chapter 169A 69.3 and 169.123 to 69.4 169.129 69.5 86B.331, subd. 1 chapter 169 chapter 169A 69.6 86B.331, subd. 1 169.121 169A.20 69.7 86B.331, subd. 1 169.123 169A.50 to 169A.53 69.8 86B.331, subd. 1 169.121, subd. 3 169A.03 69.9 86B.331, subd. 1 169.123 169A.53 69.10 86B.705, subd. 2 169.121 169A.20 69.11 86B.811, subd. 2 169.121 169A.20 69.12 89.71, subd. 4 chapter 169 chapters 169 and 69.13 169A 69.14 97A.065, subd. 2 169.121 169A.20 69.15 97A.065, subd. 2 169.01, subd. 86 169A.03, subd. 16 69.16 97B.065, subd. 4 169.121, subd. 2 169A.45 69.17 97B.066, subd. 5 169.123, subds. 2b, 169A.51 69.18 2c, and 3 69.19 168.041, subd. 3 168.042 169A.60 69.20 168.041, subd. 8 168.042 169A.60 69.21 168.0422 168.042 169A.60 69.22 169.01, subd. 75 169.1211, 169.1215, chapter 169A 69.23 and 169.123, subds. 2 69.24 and 4 69.25 169.03, subd. 6 169.121 to 169.129 chapter 169A 69.26 169.965, subd. 5 chapter 169 chapters 169 and 69.27 169A 69.28 171.04, subd. 1 169.121, 169.1218, 169A.20, 169A.33, 69.29 169.122, or 169.123 169A.35, or 69.30 169A.50 to 69.31 169A.53 69.32 171.05, subd. 2b 169.121, 169.1218, 169A.20, 169A.33, 69.33 169.122, or 169.123 169A.35, or 69.34 169A.50 69.35 to 169A.53 69.36 171.055, subd. 1 169.121, 169.1218, 169A.20, 169A.33, 70.1 169.122, or 169.123 169A.35, or 70.2 169A.50 to 70.3 169A.53 70.4 171.055, subd. 2 169.121, 169.1218, 169A.20, 169A.33, 70.5 169.122, or 169.123 169A.35, or 70.6 169A.50 to 70.7 169A.53 70.8 171.06, subd. 2 169.121, 169.1218, 169A.20, 169A.33, 70.9 169.122, or 169.123 169A.35, or 70.10 169A.50 to 70.11 169A.53 70.12 171.12, subd. 2a 169.121, 169.1218 169A.20, 169A.33, 70.13 169.122, or 169.123 169A.35, or 70.14 169A.50 70.15 to 169A.53 70.16 171.12, subd. 3 169.121, subd. 3 169A.03, subds. 20 70.17 and 21 70.18 171.12, subd. 3 169.1211 169A.31 70.19 171.16, subd. 5 169.121 169A.20 70.20 171.165, subd. 1 169.121 169A.20 70.21 171.165, subd. 1 169.1211 169A.31 70.22 171.165, subd. 2 169.123 169A.52 70.23 171.166, subd. 1 169.121, 169.1211, or 169A.20, 169A.31, 70.24 169.123 160A.50 to 70.25 169A.53 70.26 171.17, subd. 1 169.121 169A.20 70.27 171.18, subd. 1 169.1218, para. (a) 169A.33 70.28 171.19 169.123 169A.52 70.29 171.29, subd. 1 169.123 169A.52 70.30 171.29, subd. 2 169.121 or 169.123 169A.52 or 70.31 169A.54 70.32 171.29, subd. 3 169.121 or 169.123 169A.52 or 70.33 160A.54 70.34 171.29, subd. 3 168.042 169A.60 70.35 171.30, subd. 1 169.121 169A.52 70.36 171.30, subd. 1 169.123 169A.54 71.1 171.30, subd. 2a 169.121 169A.20 71.2 171.30, subd. 2a 169.123 169A.50 to 71.3 169A.53 71.4 171.30, subd. 2c 169.121 or 169.123 169A.20 or 71.5 169A.50 71.6 to 169A.53 71.7 171.30, subd. 3 169.121 or 169.123 169A.20 or 71.8 169A.50 to 71.9 169A.53 71.10 171.3215, subd. 1 169.121, 169.129 169A.20 71.11 171.3215, subd. 2 169.121 169A.20 71.12 171.3215, subd. 2 169.123 169A.52 71.13 171.3215, subd. 2 169.121, 169.123, 169A.20 or 71.14 169.129 169A.50 to 71.15 169A.53 71.16 171.3215, subd. 3 169.121, 169.129 169A.20 71.17 171.3215, subd. 3 169.123 169A.52 71.18 260B.171, subd. 5 169.121 or 169.129 169A.20 71.19 260B.225, subd. 1 169.121, 169.129 169A.20 71.20 260B.225, subd. 9 169.121 169A.20 71.21 260B.225, subd. 9 169.126 169A.70 71.22 260B.225, subd. 9 169.126, subd. 4c 169A.284 71.23 268.095, subd. 4 169.121, 169.1211, 169A.20, 169A.31, 71.24 or 169.123 or 169.50A to 71.25 169A.53 71.26 299C.10, subd. 1 169.121 (driving while 169A.20 (driving 71.27 intoxicated) while impaired) 71.28 299F.831, subd. 1 169.121, subd. 1 169A.20 71.29 357.021, subd. 1a 169.1217 169A.63 71.30 364.09 chapter 169 chapter 169 71.31 or 169A 71.32 387.213 chapter 169 chapter 169A 71.33 466.03, subd. 6a 169.121, subd. 9 169A.48 71.34 466.03, subd. 14 169.121, subd. 9 169A.48 71.35 604A.30, subd. 3 169.121 to 169.123, chapter 169A 71.36 169.129 72.1 609.131, subd. 2 169.121 169A.20 72.2 609.135, subd. 1 169.121 169A.20 72.3 609.135, subd. 2 169.121 or 169.129 169A.20 72.4 609.135, subd. 2 169.121 169A.20 72.5 609.487, subd. 2a 169.01, subd. 86 169A.03, subd. 16 72.6 609.487, subd. 2a 169.01, subd. 87 169A.03, subd. 13 72.7 611A.52, subd. 6 169.121 169A.20 72.8 631.40, subd. 1a 169.121 or 169.129 169A.20 72.9 634.15, subd. 1 169.123 169A.53 72.10 634.15, subd. 1 169.123, subd. 3 169A.51, subd. 7 72.11 634.15, subd. 2 169.123 169A.53 72.12 634.16 169.01, subd. 68 169A.03, subd. 11 72.13 634.30 169.123 169A.53 72.14 (b) The revisor shall publish the statutory derivations of 72.15 the laws that are repealed and recodified in this act in Laws of 72.16 Minnesota. 72.17 (c) The revisor shall correct cross-references in Minnesota 72.18 Statutes and Minnesota Rules to sections that are repealed and 72.19 recodified by this act, as necessary, and if Minnesota Statutes, 72.20 chapter 169, is further amended in the 2000 legislative session, 72.21 shall codify the amendments in a manner consistent with this act. 72.22 Sec. 6. [REPEALER.] 72.23 Minnesota Statutes 1998, sections 168.042; 169.01, 72.24 subdivisions 61, 68, 82, 83, 86, 87, 88, and 89; 169.121, 72.25 subdivisions 1, 1a, 1b, 1d, 2, 3b, 3c, 5, 5a, 5b, 6, 7, 8, 9, 72.26 10, 10a, 11, and 12; 169.1211; 169.1215; 169.1216; 169.1217, 72.27 subdivisions 2, 3, 4, 5, 6, and 8; 169.1218; 169.1219; 169.122, 72.28 subdivisions 1, 2, 3, and 4; 169.123, subdivisions 2, 2a, 2b, 72.29 2c, 3, 4, 5, 5a, 5b, 6, 7, 8, and 10; 169.124; 169.125; 169.126; 72.30 169.1261; 169.1265; 169.128; and 169.129, subdivision 3; and 72.31 Minnesota Statutes 1999 Supplement, sections 169.121, 72.32 subdivisions 1c, 3, 3f, 3d, and 4; 169.1217, subdivisions 1, 7, 72.33 7a, and 9; 169.122, subdivision 5; 169.123, subdivisions 1 and 72.34 5c; and 169.129, subdivision 1, are repealed. 72.35 Sec. 7. [EFFECTIVE DATE.] 72.36 This act is effective January 1, 2001, for crimes committed 73.1 and conduct occurring on or after that date. However, 73.2 violations occurring before January 1, 2001, which are listed in 73.3 Minnesota Statutes, section 169A.03, subdivisions 20 and 21, are 73.4 considered qualified prior impaired driving incidents for all 73.5 purposes under this act.