SF 1941

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 10/25/2023 10:11am

A bill for an act
relating to public safety; allowing use of preliminary breath screening tool for
alcohol as court admissible evidence for drivers of commercial vehicles; amending
Minnesota Statutes 2022, section 169A.41, subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2022, section 169A.41, subdivision 1, is amended to read:

Subdivision 1.

When authorized.

When a peace officer has reason to believe from the
manner in which a person is driving, operating, controlling, or acting upon departure from
a motor vehicle, or has driven, operated, or controlled a motor vehicle, that the driver may
be violating or has violated section 169A.20 (driving while impaired), 169A.31
(alcohol-related school bus or Head Start bus driving), deleted text begin or deleted text end 169A.33 (underage drinking and
driving), new text begin 221.0314 (alcohol-related commercial driving), or 221.605 (alcohol-related
commercial driving), new text end the officer may require the driver to provide a sample of the driver's
breath for a preliminary screening test using a device approved by the commissioner for
this purpose.

Sec. 2.

Minnesota Statutes 2022, section 169A.41, subdivision 2, is amended to read:

Subd. 2.

Use of test results.

The results of this preliminary screening 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:

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

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

(3) in an action for license reinstatement under section 171.19;

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

(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);

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

(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 deleted text begin . deleted text end new text begin ; or
new text end

new text begin (8) in a prosecution for a violation of Code of Federal Regulations, title 49, part 392, as
adopted in sections 221.0314, subdivision 6, and 221.605.
new text end