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SF 1177

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 01:48pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; authorizing a pilot project for oral fluid roadside testing
for drug-impaired driving; amending Minnesota Statutes 2020, sections 169A.41,
by adding a subdivision; 169A.51, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 169A.41, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Oral fluid preliminary testing; pilot project authorized. new text end

new text begin (a) The commissioner
is authorized to design, plan, and implement a pilot project intended to determine the efficacy
of oral fluid roadside testing to determine the presence of a controlled substance or
intoxicating substance by trained law enforcement personnel. The project is further intended
to gain a better assessment of the prevalence of drug-impaired drivers on Minnesota roads
and to evaluate and validate the appropriate device that could be authorized for use.
new text end

new text begin (b) The results of this preliminary oral fluid test must be used for the purpose of deciding
whether an arrest should be made and whether to require the tests authorized in section
169A.51 (chemical tests for intoxication), but must not be used in any court action except
the following:
new text end

new text begin (1) to prove that a test was properly required of a person pursuant to section 169A.51,
subdivision 1;
new text end

new text begin (2) in a civil action arising out of the operation or use of the motor vehicle;
new text end

new text begin (3) in an action for license reinstatement under section 171.19;
new text end

new text begin (4) in a prosecution for a violation of section 169A.20, subdivision 2 (driving while
impaired; test refusal);
new text end

new text begin (5) in a prosecution or juvenile court proceeding concerning a violation of section
169A.33 (underage drinking and driving), or 340A.503, subdivision 1, paragraph (a), clause
(2) (underage alcohol consumption);
new text end

new text begin (6) in a prosecution under section 169A.31 (alcohol-related school or Head Start bus
driving) or 171.30 (limited license); or
new text end

new text begin (7) in a prosecution for a violation of a restriction on a driver's license under section
171.09, which provides that the license holder may not use or consume any amount of
alcohol or a controlled substance.
new text end

new text begin (c) Following the screening test, additional tests may be required of the driver pursuant
to the provisions of section 169A.51 (chemical tests for intoxication).
new text end

Sec. 2.

Minnesota Statutes 2020, section 169A.51, subdivision 1, is amended to read:


Subdivision 1.

Implied consent; conditions; election of test.

(a) Any person who drives,
operates, or is in physical control of a motor vehicle within this state or on any boundary
water of this state consents, subject to the provisions of sections 169A.50 to 169A.53 (implied
consent law), and section 169A.20 (driving while impaired), to a chemical test of that
person's blood, breath, or urine for the purpose of determining the presence of alcohol, a
controlled substance or its metabolite, or an intoxicating substance. The test must be
administered at the direction of a peace officer.

(b) The test may be required of a person when an officer has probable cause to believe
the person was driving, operating, or in physical control of a motor vehicle in violation of
section 169A.20 (driving while impaired), and one of the following conditions exist:

(1) the person has been lawfully placed under arrest for violation of section 169A.20 or
an ordinance in conformity with it;

(2) the person has been involved in a motor vehicle accident or collision resulting in
property damage, personal injury, or death;

(3) the person has refused to take the screening test provided for by section 169A.41
(preliminary screening test); or

(4) the screening test was administered and indicated an alcohol concentration of 0.08
or morenew text begin, or the presence of a controlled or intoxicating substancenew text end.

(c) The test may also be required of a person when an officer has probable cause to
believe the person was driving, operating, or in physical control of a commercial motor
vehicle with the presence of any alcohol.