SF 2677

1st Unofficial Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  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; providing 
  1.6             felony penalties and mandatory sentences for certain 
  1.7             repeat driving while impaired violators; requiring 
  1.8             certain studies and reports; amending Minnesota 
  1.9             Statutes 1998, sections 609.135, by adding a 
  1.10            subdivision; and 629.471; Minnesota Statutes 1999 
  1.11            Supplement, sections 260B.171, subdivision 7; 
  1.12            260B.225, subdivision 4; 609.035, subdivision 2; and 
  1.13            609.135, subdivision 2; proposing coding for new law 
  1.14            as Minnesota Statutes, chapter 169A; repealing 
  1.15            Minnesota Statutes 1998, sections 168.042; 169.01, 
  1.16            subdivisions 61, 68, 82, 83, 86, 87, 88, and 89; 
  1.17            169.121, subdivisions 1, 1a, 1b, 1d, 2, 3b, 3c, 5, 5a, 
  1.18            5b, 6, 7, 8, 9, 10, 10a, 11, and 12; 169.1211; 
  1.19            169.1215; 169.1216; 169.1217, subdivisions 2, 3, 4, 5, 
  1.20            6, and 8; 169.1218; 169.1219; 169.122, subdivisions 1, 
  1.21            2, 3, and 4; 169.123, subdivisions 2, 2a, 2b, 2c, 3, 
  1.22            4, 5, 5a, 5b, 6, 7, 8, and 10; 169.124; 169.125; 
  1.23            169.126; 169.1261; 169.1265; 169.128; and 169.129, 
  1.24            subdivision 3; Minnesota Statutes 1999 Supplement, 
  1.25            sections 169.121, subdivisions 1c, 3, 3d, 3f, and 4; 
  1.26            169.1217, subdivisions 1, 7, 7a, and 9; 169.122, 
  1.27            subdivision 5; 169.123, subdivisions 1 and 5c; and 
  1.28            169.129, subdivision 1. 
  1.29  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.30                             ARTICLE 1 
  1.31                            CHAPTER 169A 
  1.32                      DRIVING WHILE IMPAIRED; 
  1.33               CRIMINAL AND ADMINISTRATIVE SANCTIONS 
  1.34                         GENERAL PROVISIONS
  1.35     Section 1.  [169A.01] [CITATION; APPLICATION.] 
  1.36     Subdivision 1.  [CITATION.] This chapter may be cited as 
  1.37  the Minnesota Impaired Driving Code. [new] 
  2.1      Subd. 2.  [APPLICATION.] Unless otherwise indicated, the 
  2.2   provisions of this chapter apply to any person who drives, 
  2.3   operates, or is in physical control of a motor vehicle within 
  2.4   this state or on any boundary water of this state.  The 
  2.5   provisions of this chapter are applicable and uniform throughout 
  2.6   the state and in all its political subdivisions and 
  2.7   municipalities. [169.02 and 169.022] 
  2.8      Subd. 3.  [LOCAL ORDINANCES.] No local authority may enact 
  2.9   or enforce any rule or regulation that conflicts with a 
  2.10  provision of this chapter unless expressly authorized to do so 
  2.11  in this chapter.  Local authorities may adopt traffic 
  2.12  regulations that do not conflict with the provisions of this 
  2.13  chapter.  However, if any local ordinance regulating traffic 
  2.14  covers the same subject for which a penalty is provided for in 
  2.15  this chapter, the penalty provided for the violation of the 
  2.16  local ordinance must be identical to the penalty provided for in 
  2.17  this chapter for the same offense. [169.022] 
  2.18     Sec. 2.  [169A.03] [DEFINITIONS.] [various] 
  2.19     Subdivision 1.  [SCOPE.] (a) As used in this chapter, 
  2.20  unless the context clearly indicates otherwise, the terms 
  2.21  defined in this section have the meanings given. 
  2.22     (b) If a term defined in section 169.01, but not defined in 
  2.23  this chapter, is used in this chapter, the term has the meaning 
  2.24  given in section 169.01, unless the context clearly indicates 
  2.25  otherwise. 
  2.26     Subd. 2.  [ALCOHOL CONCENTRATION.] "Alcohol concentration" 
  2.27  means: 
  2.28     (1) the number of grams of alcohol per 100 milliliters of 
  2.29  blood; 
  2.30     (2) the number of grams of alcohol per 210 liters of 
  2.31  breath; or 
  2.32     (3) the number of grams of alcohol per 67 milliliters of 
  2.33  urine. 
  2.34     Subd. 3.  [AGGRAVATING FACTOR.] "Aggravating factor" 
  2.35  includes: 
  2.36     (1) a qualified prior impaired driving incident within the 
  3.1   ten years immediately preceding the current offense; 
  3.2      (2) having an alcohol concentration of 0.20 or more as 
  3.3   measured at the time, or within two hours of the time, of the 
  3.4   offense; or 
  3.5      (3) having a child under the age of 16 in the vehicle at 
  3.6   the time of the offense if the child is more than 36 months 
  3.7   younger than the offender. 
  3.8      Subd. 4.  [COMMERCIAL MOTOR VEHICLE.] "Commercial motor 
  3.9   vehicle" has the meaning given in section 169.01, subdivision 75.
  3.10     Subd. 5.  [COMMISSIONER.] "Commissioner" means the 
  3.11  commissioner of public safety or a designee. 
  3.12     Subd. 6.  [CONTROLLED SUBSTANCE.] "Controlled substance" 
  3.13  has the meaning given in section 152.01, subdivision 4. 
  3.14     Subd. 7.  [DRIVER.] "Driver" has the meaning given in 
  3.15  section 169.01, subdivision 25. 
  3.16     Subd. 8.  [FELONY.] "Felony" means a crime for which a 
  3.17  sentence of imprisonment for more than one year may be imposed. 
  3.18     Subd. 9.  [GROSS MISDEMEANOR.] "Gross misdemeanor" means a 
  3.19  crime for which a person may be sentenced to imprisonment for 
  3.20  not more than one year, or to payment of a fine of not more than 
  3.21  $3,000, or both. 
  3.22     Subd. 10.  [HAZARDOUS SUBSTANCE.] "Hazardous substance" 
  3.23  means any chemical or chemical compound that is listed as a 
  3.24  hazardous substance in rules adopted under chapter 182 
  3.25  (occupational safety and health). 
  3.26     Subd. 11.  [HEAD START BUS.] "Head Start bus" has the 
  3.27  meaning given in section 169.01, subdivision 80. 
  3.28     Subd. 12.  [INFRARED BREATH-TESTING INSTRUMENT.] "Infrared 
  3.29  breath-testing instrument" means a breath-testing instrument 
  3.30  that employs infrared technology and has been approved by the 
  3.31  commissioner of public safety for determining alcohol 
  3.32  concentration.  
  3.33     Subd. 13.  [MISDEMEANOR.] "Misdemeanor" means a crime for 
  3.34  which a person may be sentenced to imprisonment for not more 
  3.35  than 90 days, or to payment of a fine of not more than $700, or 
  3.36  both. 
  4.1      Subd. 14.  [MOTORBOAT.] "Motorboat" has the meaning given 
  4.2   in section 86B.005, subdivision 9. 
  4.3      Subd. 15.  [MOTORBOAT IN OPERATION.] "Motorboat in 
  4.4   operation" does not include a motorboat that is anchored, 
  4.5   beached, or securely fastened to a dock or other permanent 
  4.6   mooring or a motorboat that is being rowed or propelled by other 
  4.7   than mechanical means. 
  4.8      Subd. 16.  [MOTOR VEHICLE.] "Motor vehicle" means every 
  4.9   vehicle that is self-propelled and every vehicle that is 
  4.10  propelled by electric power obtained from overhead trolley 
  4.11  wires.  The term includes motorboats in operation and off-road 
  4.12  recreational vehicles, but does not include a vehicle moved 
  4.13  solely by human power. 
  4.14     Subd. 17.  [OFF-ROAD RECREATIONAL VEHICLE.] "Off-road 
  4.15  recreational vehicle" means an off-highway motorcycle as defined 
  4.16  in section 84.787, subdivision 7; off-road vehicle as defined in 
  4.17  section 84.797, subdivision 7; snowmobile as defined in section 
  4.18  84.81, subdivision 3; and all-terrain vehicle as defined in 
  4.19  section 84.92, subdivision 8. 
  4.20     Subd. 18.  [OWNER.] "Owner" has the meaning given in 
  4.21  section 169.01, subdivision 26. 
  4.22     Subd. 19.  [PEACE OFFICER.] "Peace officer" means: 
  4.23     (1) a state patrol officer; 
  4.24     (2) University of Minnesota peace officer; 
  4.25     (3) a constable as defined in section 367.40, subdivision 
  4.26  3; 
  4.27     (4) police officer of any municipality, including towns 
  4.28  having powers under section 368.01, or county; and 
  4.29     (5) for purposes of violations of this chapter in or on an 
  4.30  off-road recreational vehicle or motorboat, or for violations of 
  4.31  section 97B.065 or 97B.066, a state conservation officer. 
  4.32     Subd. 20.  [POLICE OFFICER.] "Police officer" has the 
  4.33  meaning given in section 169.01, subdivision 27. 
  4.34     Subd. 21.  [PRIOR IMPAIRED DRIVING CONVICTION.] "Prior 
  4.35  impaired driving conviction" includes a prior conviction under: 
  4.36     (1) section 169A.20 (driving while impaired); 169A.31 
  5.1   (alcohol-related school bus or Head Start bus driving); or 
  5.2   360.0752 (impaired aircraft operation); 
  5.3      (2) section 609.21 (criminal vehicular homicide and injury, 
  5.4   substance-related offenses), subdivision 1, clauses (2) to (6); 
  5.5   subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
  5.6   to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
  5.7   clauses (2) to (6); or subdivision 4, clauses (2) to (6); 
  5.8      (3) Minnesota Statutes 1998, section 169.121 (driver under 
  5.9   influence of alcohol or controlled substance); 169.1211 
  5.10  (alcohol-related driving by commercial vehicle drivers); or 
  5.11  169.129 (aggravated DWI-related violations; penalty); 
  5.12     (4) Minnesota Statutes 1996, section 84.91, subdivision 1, 
  5.13  paragraph (a) (operating snowmobile or all-terrain vehicle while 
  5.14  impaired); or 86B.331, subdivision 1, paragraph (a) (operating 
  5.15  motorboat while impaired); or 
  5.16     (5) an ordinance from this state, or a statute or ordinance 
  5.17  from another state, in conformity with any provision listed in 
  5.18  clause (1), (2), (3), or (4). 
  5.19  A "prior impaired driving conviction" also includes a prior 
  5.20  juvenile adjudication that would have been a prior impaired 
  5.21  driving conviction if committed by an adult. 
  5.22     Subd. 22.  [PRIOR IMPAIRED DRIVING-RELATED LOSS OF 
  5.23  LICENSE.] "Prior impaired driving-related loss of license" 
  5.24  includes a driver's license suspension, revocation, 
  5.25  cancellation, denial, or disqualification under: 
  5.26     (1) section 169A.31 (alcohol-related school bus or Head 
  5.27  Start bus driving); 169A.50 to 169A.53 (implied consent law); 
  5.28  169A.54 (impaired driving convictions and adjudications; 
  5.29  administrative penalties); 171.04 (persons not eligible for 
  5.30  drivers' licenses); 171.14 (cancellation); 171.16 (court may 
  5.31  recommend suspension); 171.165 (commercial driver's license, 
  5.32  disqualification); 171.17 (revocation); or 171.18 (suspension); 
  5.33  because of an alcohol-related incident; 
  5.34     (2) section 609.21 (criminal vehicular homicide and injury, 
  5.35  substance-related offenses), subdivision 1, clauses (2) to (6); 
  5.36  subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
  6.1   to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
  6.2   clauses (2) to (6); or subdivision 4, clauses (2) to (6); 
  6.3      (3) Minnesota Statutes 1998, section 169.121 (driver under 
  6.4   influence of alcohol or controlled substance); 169.1211 
  6.5   (alcohol-related driving by commercial vehicle drivers); or 
  6.6   169.123 (chemical tests for intoxication); or 
  6.7      (4) an ordinance from this state, or a statute or ordinance 
  6.8   from another state, in conformity with any provision listed in 
  6.9   clause (1), (2), or (3). 
  6.10  "Prior impaired driving-related loss of license" also includes 
  6.11  the revocation of snowmobile or all-terrain vehicle operating 
  6.12  privileges under section 84.911 (chemical testing), or motorboat 
  6.13  operating privileges under section 86B.335 (testing for alcohol 
  6.14  and controlled substances), for violations that occurred on or 
  6.15  after August 1, 1994; the revocation of snowmobile or 
  6.16  all-terrain vehicle operating privileges under section 84.91 
  6.17  (operation of snowmobiles and all-terrain vehicles by persons 
  6.18  under the influence of alcohol or controlled substances); or the 
  6.19  revocation of motorboat operating privileges under section 
  6.20  86B.331 (operation while using alcohol or drugs or with a 
  6.21  physical or mental disability). 
  6.22     Subd. 23.  [QUALIFIED PRIOR IMPAIRED DRIVING 
  6.23  INCIDENT.] "Qualified prior impaired driving incident" includes 
  6.24  prior impaired driving convictions and prior impaired 
  6.25  driving-related losses of license. 
  6.26     Subd. 24.  [SCHOOL BUS.] "School bus" has the meaning given 
  6.27  in section 169.01, subdivision 6. 
  6.28     Subd. 25.  [STREET OR HIGHWAY.] "Street or highway" has the 
  6.29  meaning given in section 169.01, subdivision 29. 
  6.30     Subd. 26.  [VEHICLE.] "Vehicle" has the meaning given in 
  6.31  section 169.01, subdivision 2. 
  6.32     Sec. 3.  [169A.05] [PARENTHETICAL REFERENCES.] 
  6.33     Words set forth in parentheses after references to sections 
  6.34  or subdivisions in this chapter are mere catchwords included 
  6.35  solely for convenience in reference.  They are not substantive 
  6.36  and may not be used to construe or limit the meaning of any 
  7.1   statutory language. [new, see 645.49] 
  7.2      Sec. 4.  [169A.07] [FIRST-TIME DWI VIOLATOR; OFF-ROAD 
  7.3   RECREATIONAL VEHICLE OR MOTORBOAT.] 
  7.4      A person who violates section 169A.20 (driving while 
  7.5   impaired) while using an off-road recreational vehicle or 
  7.6   motorboat and who does not have a qualified prior impaired 
  7.7   driving incident is subject only to the criminal penalty 
  7.8   provided in section 169A.25 (second-degree driving while 
  7.9   impaired), 169A.26 (third-degree driving while impaired), or 
  7.10  169A.27 (fourth-degree driving while impaired); and loss of 
  7.11  operating privileges as provided in section 84.91, subdivision 1 
  7.12  (operation of snowmobiles or all-terrain vehicles by persons 
  7.13  under the influence of alcohol or controlled substances), or 
  7.14  86B.331, subdivision 1 (operation of motorboats while using 
  7.15  alcohol or with a physical or mental disability), whichever is 
  7.16  applicable.  The person is not subject to the provisions of 
  7.17  sections 169A.275, subdivision 5, (submission to the level of 
  7.18  care recommended in chemical use assessment for repeat offenders 
  7.19  and offenders with alcohol concentration of 0.20 or more); 
  7.20  169A.277 (long-term monitoring); 169A.285 (penalty assessment); 
  7.21  169A.44 (conditional release); 169A.54 (impaired driving 
  7.22  convictions and adjudications; administrative penalties); or 
  7.23  169A.54, subdivision 11 (chemical use assessment); the license 
  7.24  revocation sanctions of sections 169A.50 to 169A.53 (implied 
  7.25  consent law); or the plate impoundment provisions of section 
  7.26  169A.60 (administrative impoundment of plates). [169.121, subd. 
  7.27  1d] 
  7.28     Sec. 5.  [169A.09] [SANCTION FOR PRIOR BEHAVIOR BASED ON 
  7.29  SEPARATE COURSES OF CONDUCT.] 
  7.30     Prior impaired driving convictions and prior impaired 
  7.31  driving-related losses of license must arise out of a separate 
  7.32  course of conduct to be considered as multiple qualified prior 
  7.33  impaired driving incidents under this chapter.  When a person 
  7.34  has a prior impaired driving conviction and a prior impaired 
  7.35  driving-related loss of license based on the same course of 
  7.36  conduct, either the conviction or the loss of license may be 
  8.1   considered a qualified prior impaired driving incident, but not 
  8.2   both. [new] 
  8.3      Sec. 6.  [169A.095] [DETERMINING NUMBER OF AGGRAVATING 
  8.4   FACTORS.] 
  8.5      When determining the number of aggravating factors present 
  8.6   for purposes of this chapter, subject to section 169A.09 
  8.7   (sanctions for prior behavior to be based on separate courses of 
  8.8   conduct), each qualified prior impaired driving incident within 
  8.9   the ten years immediately preceding the current offense is 
  8.10  counted as a separate aggravating factor. [new] 
  8.11                        CRIMINAL PROVISIONS 
  8.12     Sec. 7.  [169A.20] [DRIVING WHILE IMPAIRED.] 
  8.13     Subdivision 1.  [DRIVING WHILE IMPAIRED CRIME.] It is a 
  8.14  crime for any person to drive, operate, or be in physical 
  8.15  control of any motor vehicle within this state or on any 
  8.16  boundary water of this state: 
  8.17     (1) when the person is under the influence of alcohol; 
  8.18     (2) when the person is under the influence of a controlled 
  8.19  substance; 
  8.20     (3) when the person is knowingly under the influence of a 
  8.21  hazardous substance that affects the nervous system, brain, or 
  8.22  muscles of the person so as to substantially impair the person's 
  8.23  ability to drive or operate the motor vehicle; 
  8.24     (4) when the person is under the influence of a combination 
  8.25  of any two or more of the elements named in clauses (1), (2), 
  8.26  and (3); 
  8.27     (5) when the person's alcohol concentration at the time, or 
  8.28  as measured within two hours of the time, of driving, operating, 
  8.29  or being in physical control of the motor vehicle is 0.10 or 
  8.30  more; 
  8.31     (6) when the vehicle is a commercial motor vehicle and the 
  8.32  person's alcohol concentration at the time, or as measured 
  8.33  within two hours of the time, of driving, operating, or being in 
  8.34  physical control of the commercial motor vehicle is 0.04 or 
  8.35  more; or 
  8.36     (7) when the person's body contains any amount of a 
  9.1   controlled substance listed in schedule I or II other than 
  9.2   marijuana or tetrahydrocannabinols. [169.121, subd. 1; 169.1211, 
  9.3   subd. 1] 
  9.4      Subd. 2.  [REFUSAL TO SUBMIT TO CHEMICAL TEST CRIME.] It is 
  9.5   a crime for any person to refuse to submit to a chemical test of 
  9.6   the person's blood, breath, or urine under section 169A.52 (test 
  9.7   refusal or failure; revocation of license). [169.121, subd. 1a] 
  9.8      Subd. 3.  [SENTENCE.] A person who violates this section 
  9.9   may be sentenced as provided in section 169A.24 (first-degree 
  9.10  driving while impaired), section 169A.25 (second-degree driving 
  9.11  while impaired), 169A.26 (third-degree driving while impaired), 
  9.12  or 169A.27 (fourth-degree driving while impaired). [new] 
  9.13     Sec. 8.  [169A.24] [FIRST-DEGREE DRIVING WHILE IMPAIRED.] 
  9.14     Subdivision 1. [DEGREE DESCRIBED.] A person who violates 
  9.15  section 169A.20 (driving while impaired) is guilty of 
  9.16  first-degree driving while impaired if the person: 
  9.17     (1) commits the violation within ten years of the first of 
  9.18  three or more prior impaired driving convictions; or 
  9.19     (2) has previously been convicted of a felony under this 
  9.20  section. 
  9.21     Subd. 2. [CRIMINAL PENALTY.] A person who commits 
  9.22  first-degree driving while impaired is guilty of a felony and 
  9.23  may be sentenced to imprisonment for not more than seven years 
  9.24  or to payment of a fine of not more that $14,000, or both.  The 
  9.25  person is subject to the mandatory penalties described in 
  9.26  section 169A.276. [new] 
  9.27     Sec. 9.  [169A.25] [SECOND-DEGREE DRIVING WHILE IMPAIRED.] 
  9.28     Subdivision 1.  [DEGREE DESCRIBED.] Except as otherwise 
  9.29  provided in section 169A.24, a person who violates section 
  9.30  169A.20 (driving while impaired) is guilty of second-degree 
  9.31  driving while impaired if two or more aggravating factors were 
  9.32  present when the violation was committed. [new] 
  9.33     Subd. 2.  [CRIMINAL PENALTY.] Second-degree driving while 
  9.34  impaired is a gross misdemeanor.  The mandatory penalties 
  9.35  described in section 169A.275 and the long-term monitoring 
  9.36  described in section 169A.277 may be applicable. [new] 
 10.1      Sec. 10.  [169A.26] [THIRD-DEGREE DRIVING WHILE IMPAIRED.] 
 10.2      Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
 10.3   section 169A.20 (driving while impaired) is guilty of 
 10.4   third-degree driving while impaired if one aggravating factor 
 10.5   was present when the violation was committed. [new] 
 10.6      Subd. 2.  [CRIMINAL PENALTY.] Third-degree driving while 
 10.7   impaired is a gross misdemeanor.  The mandatory penalties 
 10.8   described in section 169A.275 and the long-term monitoring 
 10.9   described in section 169A.277 may be applicable. [new] 
 10.10     Sec. 11.  [169A.27] [FOURTH-DEGREE DRIVING WHILE IMPAIRED.] 
 10.11     Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
 10.12  section 169A.20 (driving while impaired) is guilty of 
 10.13  fourth-degree driving while impaired. [new] 
 10.14     Subd. 2.  [CRIMINAL PENALTY.] Fourth-degree driving while 
 10.15  impaired is a misdemeanor. [new] 
 10.16     Sec. 12.  [169A.275] [MANDATORY PENALTIES; NON-FELONY 
 10.17  VIOLATIONS.] 
 10.18     Subdivision 1.  [SECOND OFFENSE.] (a) The court shall 
 10.19  sentence a person who is convicted of a violation of section 
 10.20  169A.20 (driving while impaired) within ten years of a qualified 
 10.21  prior impaired driving incident to either:  
 10.22     (1) a minimum of 30 days of incarceration, at least 48 
 10.23  hours of which must be served consecutively in a local 
 10.24  correctional facility; or 
 10.25     (2) eight hours of community work service for each day less 
 10.26  than 30 days that the person is ordered to serve in a local 
 10.27  correctional facility.  
 10.28  Notwithstanding section 609.135 (stay of imposition or execution 
 10.29  of sentence), the penalties in this paragraph must be executed, 
 10.30  unless the court departs from the mandatory minimum sentence 
 10.31  under paragraph (b) or (c). 
 10.32     (b) Prior to sentencing, the prosecutor may file a motion 
 10.33  to have a defendant described in paragraph (a) sentenced without 
 10.34  regard to the mandatory minimum sentence established by that 
 10.35  paragraph.  The motion must be accompanied by a statement on the 
 10.36  record of the reasons for it.  When presented with the 
 11.1   prosecutor's motion and if it finds that substantial mitigating 
 11.2   factors exist, the court shall sentence the defendant without 
 11.3   regard to the mandatory minimum sentence established by 
 11.4   paragraph (a).  
 11.5      (c) The court may, on its own motion, sentence a defendant 
 11.6   described in paragraph (a) without regard to the mandatory 
 11.7   minimum sentence established by that paragraph if it finds that 
 11.8   substantial mitigating factors exist and if its sentencing 
 11.9   departure is accompanied by a statement on the record of the 
 11.10  reasons for it.  The court also may sentence the defendant 
 11.11  without regard to the mandatory minimum sentence established by 
 11.12  paragraph (a) if the defendant is sentenced to probation and 
 11.13  ordered to participate in a program established under section 
 11.14  169A.74 (pilot programs of intensive probation for repeat DWI 
 11.15  offenders). 
 11.16     (d) When any portion of the sentence required by paragraph 
 11.17  (a) is not executed, the court should impose a sentence that is 
 11.18  proportional to the extent of the offender's prior criminal and 
 11.19  moving traffic violation record.  Any sentence required under 
 11.20  paragraph (a) must include a mandatory sentence that is not 
 11.21  subject to suspension or a stay of imposition or execution, and 
 11.22  that includes incarceration for not less than 48 consecutive 
 11.23  hours or at least 80 hours of community work service. 
 11.24     Subd. 2.  [THIRD OFFENSE.] (a) The court shall sentence a 
 11.25  person who is convicted of a violation of section 169A.20 
 11.26  (driving while impaired) within ten years of the first of two 
 11.27  qualified prior impaired driving incidents to either: 
 11.28     (1) a minimum of 90 days of incarceration, at least 30 days 
 11.29  of which must be served consecutively in a local correctional 
 11.30  facility; or 
 11.31     (2) a program of intensive supervision of the type 
 11.32  described in section 169A.74 (pilot programs of intensive 
 11.33  probation for repeat DWI offenders) that requires the person to 
 11.34  consecutively serve at least six days in a local correctional 
 11.35  facility.  
 11.36     (b) The court may order that the person serve not more than 
 12.1   60 days of the minimum penalty under paragraph (a), clause (1), 
 12.2   on home detention or in an intensive probation program described 
 12.3   in section 169A.74. 
 12.4      (c) Notwithstanding section 609.135, the penalties in this 
 12.5   subdivision must be imposed and executed. 
 12.6      Subd. 3.  [FOURTH OFFENSE.] (a) Except as otherwise 
 12.7   provided in section 169A.276, the court shall sentence a person 
 12.8   who is convicted of a violation of section 169A.20 (driving 
 12.9   while impaired) within ten years of the first of three qualified 
 12.10  prior impaired driving incidents to either: 
 12.11     (1) a minimum of 180 days of incarceration, at least 30 
 12.12  days of which must be served consecutively in a local 
 12.13  correctional facility; or 
 12.14     (2) a program of intensive supervision of the type 
 12.15  described in section 169A.74 (pilot programs of intensive 
 12.16  probation for repeat DWI offenders) that requires the person to 
 12.17  consecutively serve at least six days in a local correctional 
 12.18  facility.  
 12.19     (b) The court may order that the person serve not more than 
 12.20  150 days of the minimum penalty under paragraph (a), clause (1), 
 12.21  on home detention or in an intensive probation program described 
 12.22  in section 169A.74.  Notwithstanding section 609.135, the 
 12.23  penalties in this subdivision must be imposed and executed. 
 12.24     Subd. 4.  [FIFTH OFFENSE OR MORE.] (a) Except as otherwise 
 12.25  provided in section 169A.276, the court shall sentence a person 
 12.26  who is convicted of a violation of section 169A.20 (driving 
 12.27  while impaired) within ten years of the first of four or more 
 12.28  qualified prior impaired driving incidents to either: 
 12.29     (1) a minimum of one year of incarceration, at least 60 
 12.30  days of which must be served consecutively in a local 
 12.31  correctional facility; or 
 12.32     (2) a program of intensive supervision of the type 
 12.33  described in section 169A.74 (pilot programs of intensive 
 12.34  probation for repeat DWI offenders) that requires the person to 
 12.35  consecutively serve at least six days in a local correctional 
 12.36  facility.  
 13.1      (b) The court may order that the person serve the remainder 
 13.2   of the minimum penalty under paragraph (a), clause (1), on 
 13.3   intensive probation using an electronic monitoring system or, if 
 13.4   such a system is unavailable, on home detention.  
 13.5   Notwithstanding section 609.135, the penalties in this 
 13.6   subdivision must be imposed and executed. 
 13.7      Subd. 5.  [LEVEL OF CARE RECOMMENDED IN CHEMICAL USE 
 13.8   ASSESSMENT.] In addition to other penalties required under this 
 13.9   section, the court shall order a person to submit to the level 
 13.10  of care recommended in the chemical use assessment conducted 
 13.11  under section 169A.70 (alcohol safety program; chemical use 
 13.12  assessments) if the person is convicted of violating section 
 13.13  169A.20 (driving while impaired) while having an alcohol 
 13.14  concentration of 0.20 or more as measured at the time, or within 
 13.15  two hours of the time, of the offense or if the violation occurs 
 13.16  within ten years of one or more qualified prior impaired driving 
 13.17  incidents. [169.121, subd. 3d (par. (a) to (g)); 169.121, subd. 
 13.18  3b (par. (h))] 
 13.19     Sec. 13. [169A.276] [MANDATORY PENALTIES; FELONY 
 13.20  VIOLATIONS.] 
 13.21     A person convicted of a felony under section 169A.24 must 
 13.22  be sentenced to imprisonment for not less than five years and, 
 13.23  in addition, may be ordered to pay a fine of not more than 
 13.24  $14,000.  The court must impose this mandatory sentence and may 
 13.25  stay execution of it only on condition that the offender: 
 13.26     (1) serve 180 consecutive days in a local correctional 
 13.27  facility; and 
 13.28     (2) enter a program of probation supervision following this 
 13.29  period of incarceration that includes electronic monitoring and, 
 13.30  if recommended by the chemical use assessment, chemical 
 13.31  dependency treatment and aftercare. 
 13.32     The length of stay is governed by section 609.135, 
 13.33  subdivision 2.  Hearings on whether the offender has violated 
 13.34  the conditions of the stayed sentence are governed by section 
 13.35  609.135, subdivision 1d.  The court may not stay the execution 
 13.36  of the driver's license revocation provisions of section 169A.54 
 14.1   (impaired driving convictions and adjudications; administrative 
 14.2   penalties). [new] 
 14.3      Sec. 14.  [169A.277] [LONG-TERM MONITORING.] 
 14.4      Subdivision 1.  [APPLICABILITY.] This section applies to a 
 14.5   person convicted of: 
 14.6      (1) a violation of section 169A.20 (driving while impaired) 
 14.7   within ten years of the first of two prior impaired driving 
 14.8   convictions; 
 14.9      (2) a violation of section 169A.20, if the person is under 
 14.10  the age of 19 years and has previously been convicted of 
 14.11  violating section 169A.20 or Minnesota Statutes 1998, section 
 14.12  169.121 (driver under the influence of alcohol or controlled 
 14.13  substance); or 
 14.14     (3) a violation of section 169A.20, while the person's 
 14.15  driver's license or driving privileges have been canceled under 
 14.16  section 171.04, subdivision 1, clause (9) (persons not eligible 
 14.17  for drivers' licenses, inimical to public safety). 
 14.18     Subd. 2.  [MONITORING REQUIRED.] When the court sentences a 
 14.19  person described in subdivision 1 to a stayed sentence and when 
 14.20  electronic monitoring equipment is available to the court, the 
 14.21  court shall require that the person participate in a program of 
 14.22  electronic alcohol monitoring in addition to any other 
 14.23  conditions of probation or jail time it imposes.  During the 
 14.24  first one-third of the person's probationary term, the 
 14.25  electronic alcohol monitoring must be continuous and involve 
 14.26  measurements of the person's alcohol concentration at least 
 14.27  three times a day.  During the remainder of the person's 
 14.28  probationary term, the electronic alcohol monitoring may be 
 14.29  intermittent, as determined by the court.  
 14.30     Subd. 3.  [REIMBURSEMENT.] The court shall require partial 
 14.31  or total reimbursement from the person for the cost of the 
 14.32  electronic alcohol monitoring, to the extent the person is able 
 14.33  to pay. [169.121, subd. 3e] 
 14.34     Sec. 15.  [169A.28] [CONSECUTIVE SENTENCES.] 
 14.35     Subdivision 1.  [MANDATORY CONSECUTIVE SENTENCES.] The 
 14.36  court shall impose consecutive sentences when it sentences a 
 15.1   person for: 
 15.2      (1) violations of section 169A.20 (driving while impaired) 
 15.3   arising out of separate courses of conduct; 
 15.4      (2) a violation of section 169A.20 when the person, at the 
 15.5   time of sentencing, is on probation for, or serving, an executed 
 15.6   sentence for a violation of section 169A.20 or Minnesota 
 15.7   Statutes 1998, section 169.121 (driver under the influence of 
 15.8   alcohol or controlled substance) or 169.129 (aggravated 
 15.9   DWI-related violations; penalty), and the prior sentence 
 15.10  involved a separate course of conduct; or 
 15.11     (3) a violation of section 169A.20 and another offense 
 15.12  arising out of a single course of conduct that is listed in 
 15.13  subdivision 2, paragraph (f), when the person has five or more 
 15.14  qualified prior impaired driving incidents within the past ten 
 15.15  years. [169.121, subd. 3, par. (f) and (i); 609.035, subd. 2, 
 15.16  par. (g)] 
 15.17     Subd. 2.  [PERMISSIVE CONSECUTIVE SENTENCES; MULTIPLE 
 15.18  OFFENSES.] (a) When a person is being sentenced for a violation 
 15.19  of a provision listed in paragraph (e), the court may sentence 
 15.20  the person to a consecutive term of imprisonment for a violation 
 15.21  of any other provision listed in paragraph (e), notwithstanding 
 15.22  the fact that the offenses arose out of the same course of 
 15.23  conduct, subject to the limitation on consecutive sentences 
 15.24  contained in section 609.15, subdivision 2, and except as 
 15.25  provided in paragraphs (b) and (c) of this subdivision. 
 15.26     (b) When a person is being sentenced for a violation of 
 15.27  section 171.20 (operation after revocation, suspension, 
 15.28  cancellation, or disqualification), 171.24 (driving without 
 15.29  valid license), or 171.30 (violation of condition of limited 
 15.30  license), the court may not impose a consecutive sentence for 
 15.31  another violation of a provision in chapter 171 (drivers' 
 15.32  licenses and training schools). 
 15.33     (c) When a person is being sentenced for a violation of 
 15.34  section 169.791 (failure to provide proof of insurance) or 
 15.35  169.797 (failure to provide vehicle insurance), the court may 
 15.36  not impose a consecutive sentence for another violation of a 
 16.1   provision of sections 169.79 to 169.7995. 
 16.2      (d) This subdivision does not limit the authority of the 
 16.3   court to impose consecutive sentences for crimes arising on 
 16.4   different dates or to impose a consecutive sentence when a 
 16.5   person is being sentenced for a crime and is also in violation 
 16.6   of the conditions of a stayed or otherwise deferred sentence 
 16.7   under section 609.135 (stay of imposition or execution of 
 16.8   sentence). 
 16.9      (e) This subdivision applies to misdemeanor and gross 
 16.10  misdemeanor violations of the following if the offender has two 
 16.11  or more prior impaired driving convictions within the past ten 
 16.12  years: 
 16.13     (1) section 169A.20 (driving while impaired); 
 16.14     (2) section 169.791; 
 16.15     (3) section 169.797; 
 16.16     (4) section 171.20, subdivision 2 (operation after 
 16.17  revocation, suspension, cancellation, or disqualification); 
 16.18     (5) section 171.24; and 
 16.19     (6) section 171.30. [169.121, subd. 3, par. (h); 609.035, 
 16.20  subd. 2] 
 16.21     Subd. 3.  [PERMISSIVE CONSECUTIVE SENTENCES; PREVIOUS 
 16.22  OFFENSES.] The court may order that the sentence imposed for a 
 16.23  violation of section 169A.20 (driving while impaired) run 
 16.24  consecutively to a previously imposed misdemeanor, gross 
 16.25  misdemeanor, or felony sentence for a violation other than 
 16.26  section 169A.20. [169.121, subd. 3, par. (f)] 
 16.27     Sec. 16.  [169A.283] [STAY OF EXECUTION OF SENTENCE.] 
 16.28     Subdivision 1.  [STAY AUTHORIZED.] Except as otherwise 
 16.29  provided in section 169A.275 (mandatory penalties; non-felony 
 16.30  violations), when a court sentences a person convicted of a 
 16.31  violation of section 169A.20 (driving while impaired), the court 
 16.32  may stay execution of the criminal sentence described in section 
 16.33  169A.25 (second-degree driving while impaired), 169A.26 
 16.34  (third-degree driving while impaired), or 169A.27 (fourth-degree 
 16.35  driving while impaired), on the condition that the convicted 
 16.36  person submit to the level of care recommended in the chemical 
 17.1   use assessment report required under section 169A.70 (alcohol 
 17.2   safety programs; chemical use assessments).  If the court does 
 17.3   not order a level of care in accordance with the assessment 
 17.4   report recommendation as a condition of a stay of execution, it 
 17.5   shall state on the record its reasons for not following the 
 17.6   assessment report recommendation.  
 17.7      Subd. 2.  [MANNER AND LENGTH OF STAY, REQUIRED REPORT.] A 
 17.8   stay of execution must be in the manner provided in section 
 17.9   609.135 (stay of imposition or execution of sentence).  The 
 17.10  length of stay is governed by section 609.135, subdivision 2.  
 17.11  The court shall report to the commissioner any stay of execution 
 17.12  of sentence granted under this section. 
 17.13     Subd. 3.  [NO STAY OF LICENSE REVOCATION.] The court may 
 17.14  not stay the execution of the driver's license revocation 
 17.15  provisions of section 169A.54 (impaired driving convictions and 
 17.16  adjudications; administrative penalties). [169.121, subd. 3, 
 17.17  par. (g); 169.121, subd. 5] 
 17.18     Sec. 17.  [169A.284] [CHEMICAL DEPENDENCY ASSESSMENT 
 17.19  CHARGE; SURCHARGE.] 
 17.20     Subdivision 1.  [WHEN REQUIRED.] (a) When a court sentences 
 17.21  a person convicted of an offense enumerated in section 169A.70, 
 17.22  subdivision 2 (chemical use assessment; requirement; form), it 
 17.23  shall impose a chemical dependency assessment charge of $125.  A 
 17.24  person shall pay an additional surcharge of $5 if the person is 
 17.25  convicted of a violation of section 169A.20 (driving while 
 17.26  impaired) within five years of a prior impaired driving 
 17.27  conviction or a prior conviction for an offense arising out of 
 17.28  an arrest for a violation of section 169A.20 or Minnesota 
 17.29  Statutes 1998, section 169.121 (driver under influence of 
 17.30  alcohol or controlled substance) or 169.129 (aggravated 
 17.31  DWI-related violations; penalty).  This section applies when the 
 17.32  sentence is executed, stayed, or suspended.  The court may not 
 17.33  waive payment or authorize payment of the assessment charge and 
 17.34  surcharge in installments unless it makes written findings on 
 17.35  the record that the convicted person is indigent or that the 
 17.36  assessment charge and surcharge would create undue hardship for 
 18.1   the convicted person or that person's immediate family.  
 18.2      (b) The chemical dependency assessment charge and surcharge 
 18.3   required under this section are in addition to the surcharge 
 18.4   required by section 357.021, subdivision 6 (surcharges on 
 18.5   criminal and traffic offenders). [169.121, subd. 5a] 
 18.6      Subd. 2.  [DISTRIBUTION OF MONEY.] The county shall collect 
 18.7   and forward to the commissioner of finance $25 of the chemical 
 18.8   dependency assessment charge and the $5 surcharge, if any, 
 18.9   within 60 days after sentencing or explain to the commissioner 
 18.10  in writing why the money was not forwarded within this time 
 18.11  period.  The commissioner shall credit the money to the general 
 18.12  fund.  The county shall collect and keep $100 of the chemical 
 18.13  dependency assessment charge. [169.121, subd. 5a] 
 18.14     Sec. 18.  [169A.285] [PENALTY ASSESSMENT.] 
 18.15     Subdivision 1.  [AUTHORITY; AMOUNT.] When a court sentences 
 18.16  a person who violates section 169A.20 (driving while impaired) 
 18.17  while having an alcohol concentration of 0.20 or more as 
 18.18  measured at the time, or within two hours of the time, of the 
 18.19  violation, the court may impose a penalty assessment of up to 
 18.20  $1,000.  The court may impose this assessment in addition to any 
 18.21  other penalties or charges authorized under law.  
 18.22     Subd. 2.  [ASSESSMENT DISTRIBUTION.] Money collected under 
 18.23  this section must be distributed as follows: 
 18.24     (1) if the arresting officer is an employee of a political 
 18.25  subdivision, the assessment must be forwarded to the treasury of 
 18.26  the political subdivision for use in enforcement, training, and 
 18.27  education activities related to driving while impaired; or 
 18.28     (2) if the arresting officer is an employee of the state, 
 18.29  the assessment must be forwarded to the state treasury and 
 18.30  credited to the general fund. [169.121, subd. 5b] 
 18.31     Sec. 19.  [169A.31] [ALCOHOL-RELATED SCHOOL BUS OR HEAD 
 18.32  START BUS DRIVING.] 
 18.33     Subdivision 1.  [CRIME DESCRIBED.] It is a crime for any 
 18.34  person to drive, operate, or be in physical control of any class 
 18.35  of school bus or Head Start bus within this state when there is 
 18.36  physical evidence present in the person's body of the 
 19.1   consumption of any alcohol. [169.1211, subd. 1, par. (b)] 
 19.2      Subd. 2.  [GROSS MISDEMEANOR ALCOHOL-RELATED SCHOOL BUS OR 
 19.3   HEAD START BUS DRIVING.] A person who violates subdivision 1 is 
 19.4   guilty of gross misdemeanor alcohol-related school bus or Head 
 19.5   Start bus driving if: 
 19.6      (1) the violation occurs while a child under the age of 16 
 19.7   is in the vehicle, if the child is more than 36 months younger 
 19.8   than the violator; or 
 19.9      (2) the violation occurs within ten years of a qualified 
 19.10  prior impaired driving incident. [169.1211, subd. 5, par. (b)] 
 19.11     Subd. 3.  [MISDEMEANOR ALCOHOL-RELATED SCHOOL BUS OR HEAD 
 19.12  START BUS DRIVING.] Except as provided in subdivision 2, a 
 19.13  person who violates subdivision 1 is guilty of misdemeanor 
 19.14  alcohol-related school bus or Head Start bus driving. [169.1211, 
 19.15  subd. 5, par. (a)] 
 19.16     Sec. 20.  [169A.33] [UNDERAGE DRINKING AND DRIVING.] 
 19.17     Subdivision 1.  [DEFINITION.] As used in this section, 
 19.18  "motor vehicle" does not include motorboats in operation or 
 19.19  off-road recreational vehicles. [new] 
 19.20     Subd. 2.  [CRIME DESCRIBED.] It is a crime for a person 
 19.21  under the age of 21 years to drive, operate, or be in physical 
 19.22  control of a motor vehicle while consuming alcoholic beverages, 
 19.23  or after having consumed alcoholic beverages while there is 
 19.24  physical evidence of the consumption present in the person's 
 19.25  body. [169.1218, par. (a)] 
 19.26     Subd. 3.  [CRIMINAL PENALTY.] A person who violates 
 19.27  subdivision 2 is guilty of a misdemeanor. [169.1218, par. (a)] 
 19.28     Subd. 4.  [ADMINISTRATIVE PENALTY.] When a person is found 
 19.29  to have committed an offense under subdivision 2, the court 
 19.30  shall notify the commissioner of its determination.  Upon 
 19.31  receipt of the court's determination, the commissioner shall 
 19.32  suspend the person's driver's license or operating privileges 
 19.33  for 30 days, or for 180 days if the person has previously been 
 19.34  found to have violated subdivision 2 or a statute or ordinance 
 19.35  in conformity with it. [169.1218, par. (b)] 
 19.36     Subd. 5.  [EXCEPTION.] If the person's conduct violates 
 20.1   section 169A.20 (driving while impaired) or 169A.31 
 20.2   (alcohol-related school bus or Head Start bus driving), the 
 20.3   penalties and license sanctions in those laws or section 169A.54 
 20.4   (impaired driving convictions and adjudications; administrative 
 20.5   penalties) apply instead of the license sanction in subdivision 
 20.6   4. [169.1218, par. (c)] 
 20.7      Subd. 6.  [JURISDICTION.] An offense under subdivision 2 
 20.8   may be prosecuted either in the jurisdiction where consumption 
 20.9   occurs or the jurisdiction where evidence of consumption is 
 20.10  observed. [169.1218, par. (d)] 
 20.11     Sec. 21.  [169A.35] [OPEN BOTTLE LAW.] 
 20.12     Subdivision 1.  [DEFINITIONS.] As used in this section: 
 20.13     (1) "motor vehicle" does not include motorboats in 
 20.14  operation or off-road recreational vehicles; and 
 20.15     (2) "possession" means either that the person had actual 
 20.16  possession of the bottle or receptacle or that the person 
 20.17  consciously exercised dominion and control over the bottle or 
 20.18  receptacle. [new; 169.122, subd. 2] 
 20.19     Subd. 2.  [DRINKING AND CONSUMPTION; CRIME DESCRIBED.] It 
 20.20  is a crime for a person to drink or consume intoxicating liquor 
 20.21  or 3.2 percent malt liquor in a motor vehicle when the vehicle 
 20.22  is upon a street or highway. [169.122, subd. 1] 
 20.23     Subd. 3.  [POSSESSION; CRIME DESCRIBED.] It is a crime for 
 20.24  a person to have in possession, while in a private motor vehicle 
 20.25  upon a street or highway, any bottle or receptacle containing 
 20.26  intoxicating liquor or 3.2 percent malt liquor which has been 
 20.27  opened, or the seal broken, or the contents of which have been 
 20.28  partially removed. [169.122, subd. 2] 
 20.29     Subd. 4.  [LIABILITY OF NONPRESENT OWNER; CRIME DESCRIBED.] 
 20.30  It is a crime for the owner of any private motor vehicle or the 
 20.31  driver, if the owner is not present in the motor vehicle, to 
 20.32  keep or allow to be kept in a motor vehicle when the vehicle is 
 20.33  upon a street or highway any bottle or receptacle containing 
 20.34  intoxicating liquor or 3.2 percent malt liquor which has been 
 20.35  opened, or the seal broken, or the contents of which have been 
 20.36  partially removed. [169.122, subd. 3] 
 21.1      Subd. 5.  [CRIMINAL PENALTY.] A person who violates 
 21.2   subdivisions 2 to 4 is guilty of a misdemeanor. [169.122, subd. 
 21.3   4] 
 21.4      Subd. 6.  [EXCEPTIONS.] (a) This section does not prohibit 
 21.5   the possession or consumption of alcoholic beverages by 
 21.6   passengers in: 
 21.7      (1) a bus that is operated by a motor carrier of 
 21.8   passengers, as defined in section 221.011, subdivision 48; or 
 21.9      (2) a vehicle providing limousine service as defined in 
 21.10  section 221.84, subdivision 1. 
 21.11     (b) Subdivisions 3 and 4 do not apply to a bottle or 
 21.12  receptacle that is in the trunk of the vehicle if it is equipped 
 21.13  with a trunk, or that is in another area of the vehicle not 
 21.14  normally occupied by the driver and passengers if the vehicle is 
 21.15  not equipped with a trunk.  However, a utility compartment or 
 21.16  glove compartment is deemed to be within the area occupied by 
 21.17  the driver and passengers. [169.122, subds. 2, 3, and 5] 
 21.18     Sec. 22.  [169A.37] [LICENSE PLATE IMPOUNDMENT VIOLATION 
 21.19  CRIME.] 
 21.20     Subdivision 1.  [CRIME DESCRIBED.] It is a crime for a 
 21.21  person to: 
 21.22     (1) fail to comply with an impoundment order under section 
 21.23  169A.60 (administrative plate impoundment); 
 21.24     (2) file a false statement under section 169A.60, 
 21.25  subdivision 7 or 8; 
 21.26     (3) operate a self-propelled motor vehicle on a street or 
 21.27  highway when the vehicle is subject to an impoundment order 
 21.28  issued under section 169A.60; or 
 21.29     (4) fail to notify the commissioner of the impoundment 
 21.30  order when requesting new plates. [168.042, subd. 14] 
 21.31     Subd. 2.  [CRIMINAL PENALTY.] A person who violates 
 21.32  subdivision 1 is guilty of a misdemeanor. [168.042, subd. 14] 
 21.33                       PROCEDURAL PROVISIONS 
 21.34     Sec. 23.  [169A.40] [ARREST FOR DRIVING WHILE IMPAIRED OR 
 21.35  ALCOHOL-RELATED SCHOOL BUS OR HEAD START BUS DRIVING OFFENSE.] 
 21.36     Subdivision 1.  [PROBABLE CAUSE ARREST.] A peace officer 
 22.1   may lawfully arrest a person for violation of section 169A.20 
 22.2   (driving while impaired), 169A.31 (alcohol-related school bus or 
 22.3   Head Start bus driving), or 169A.33 (underage drinking and 
 22.4   driving), without a warrant upon probable cause, without regard 
 22.5   to whether the violation was committed in the officer's presence.
 22.6      Subd. 2.  [FRESH PURSUIT.] When a peace officer has 
 22.7   probable cause to believe that a person is driving or operating 
 22.8   a motor vehicle in violation of section 169A.20 (driving while 
 22.9   impaired), 169A.31 (alcohol-related school bus or Head Start bus 
 22.10  driving), or 169A.33 (underage drinking and driving) and before 
 22.11  a stop or arrest can be made the person escapes from the 
 22.12  geographical limits of the officer's jurisdiction, the officer 
 22.13  in fresh pursuit of the person may stop or arrest the person in 
 22.14  another jurisdiction within this state and may exercise the 
 22.15  powers and perform the duties of a peace officer under this 
 22.16  chapter.  An officer acting in fresh pursuit pursuant to this 
 22.17  section is serving in the regular line of duty as fully as 
 22.18  though within the officer's jurisdiction. 
 22.19     Subd. 3.  [FIRST-DEGREE AND SECOND-DEGREE DWI OFFENDERS; 
 22.20  CUSTODIAL ARREST.] Notwithstanding rule 6.01 of the Rules of 
 22.21  Criminal Procedure, a peace officer acting without a warrant who 
 22.22  has decided to proceed with the prosecution of a person for 
 22.23  violating section 169A.20 (driving while impaired), must arrest 
 22.24  and take the person into custody if the officer has reason to 
 22.25  believe the violation occurred under the circumstances described 
 22.26  in section 169A.24 (first-degree driving while impaired) or 
 22.27  section 169A.25 (second-degree driving while impaired).  The 
 22.28  person must be detained until the person's first court 
 22.29  appearance.  
 22.30     Subd. 4.  [OTHER ARREST POWERS NOT LIMITED.] The express 
 22.31  grant of arrest powers in this section does not limit the arrest 
 22.32  powers of peace officers pursuant to sections 626.65 to 626.70 
 22.33  (uniform law on fresh pursuit) or section 629.40 (allowing 
 22.34  arrests anywhere in state) in cases of arrests for violation of 
 22.35  section 169A.20 (driving while impaired), 169A.31 
 22.36  (alcohol-related school bus or Head Start bus driving), 169A.33 
 23.1   (underage drinking and driving), or any other provision of 
 23.2   law. [169.121, subd. 1b] 
 23.3      Sec. 24.  [169A.41] [PRELIMINARY SCREENING TEST.] 
 23.4      Subdivision 1.  [WHEN AUTHORIZED.] When a peace officer has 
 23.5   reason to believe from the manner in which a person is driving, 
 23.6   operating, controlling, or acting upon departure from a motor 
 23.7   vehicle, or has driven, operated, or controlled a motor vehicle, 
 23.8   that the driver may be violating or has violated section 169A.20 
 23.9   (driving while impaired), 169A.31 (alcohol-related school bus or 
 23.10  Head Start bus driving), or 169A.33 (underage drinking and 
 23.11  driving), the officer may require the driver to provide a sample 
 23.12  of the driver's breath for a preliminary screening test using a 
 23.13  device approved by the commissioner for this purpose. 
 23.14     Subd. 2.  [USE OF TEST RESULTS.] The results of this 
 23.15  preliminary screening test must be used for the purpose of 
 23.16  deciding whether an arrest should be made and whether to require 
 23.17  the tests authorized in section 169A.51 (chemical tests for 
 23.18  intoxication), but must not be used in any court action except 
 23.19  the following: 
 23.20     (1) to prove that a test was properly required of a person 
 23.21  pursuant to section 169A.51, subdivision 1; 
 23.22     (2) in a civil action arising out of the operation or use 
 23.23  of the motor vehicle; 
 23.24     (3) in an action for license reinstatement under section 
 23.25  171.19; 
 23.26     (4) in a prosecution or juvenile court proceeding 
 23.27  concerning a violation of section 169A.33 (underage drinking and 
 23.28  driving), or 340A.503, subdivision 1, paragraph (a), clause (2) 
 23.29  (underage alcohol consumption); 
 23.30     (5) in a prosecution under section 169A.31, 
 23.31  (alcohol-related school or Head Start bus driving); or 171.30 
 23.32  (limited license); or 
 23.33     (6) in a prosecution for a violation of a restriction on a 
 23.34  driver's license under section 171.09, which provides that the 
 23.35  license holder may not use or consume any amount of alcohol or a 
 23.36  controlled substance. 
 24.1      Subd. 3.  [ADDITIONAL TESTS.] Following the screening test 
 24.2   additional tests may be required of the driver pursuant to the 
 24.3   provisions of section 169A.51 (chemical tests for intoxication). 
 24.4      Subd. 4.  [CONSEQUENCES OF REFUSAL.] The driver who refuses 
 24.5   to furnish a sample of the driver's breath is subject to the 
 24.6   provisions of section 169A.51 (chemical tests for intoxication), 
 24.7   unless the driver submits to a blood, breath, or urine test to 
 24.8   determine the presence or amount of alcohol, controlled 
 24.9   substances, or hazardous substances in compliance with section 
 24.10  169A.51. [169.121, subd. 6] 
 24.11     Sec. 25.  [169A.42] [IMPOUNDMENT OF MOTOR VEHICLE UNDER 
 24.12  LOCAL ORDINANCE; REDEMPTION.] 
 24.13     Subdivision 1.  [DEFINITION.] As used in this section, 
 24.14  "impoundment" means the removal of a motor vehicle to a storage 
 24.15  facility or impound lot as authorized by a local ordinance. 
 24.16     Subd. 2.  [REDEMPTION; PREREQUISITES.] If a motor vehicle 
 24.17  is impounded by a peace officer following the arrest or taking 
 24.18  into custody of a driver for a violation of section 169A.20 
 24.19  (driving while impaired), or an ordinance in conformity with it, 
 24.20  the impounded vehicle must only be released from impoundment: 
 24.21     (1) to the registered owner, a person authorized by the 
 24.22  registered owner, a lienholder of record, or a person who has 
 24.23  purchased the vehicle from the registered owner, who provides 
 24.24  proof of ownership of the vehicle, proof of valid Minnesota 
 24.25  driving privileges, and proof of insurance required by law to 
 24.26  cover the vehicle; 
 24.27     (2) if the vehicle is subject to a rental or lease 
 24.28  agreement, to a renter or lessee with valid Minnesota driving 
 24.29  privileges who provides a copy of the rental or lease agreement 
 24.30  and proof of insurance required by law to cover the vehicle; or 
 24.31     (3) to an agent of a towing company authorized by a 
 24.32  registered owner if the owner provides proof of ownership of the 
 24.33  vehicle and proof of insurance required by law to cover the 
 24.34  vehicle. 
 24.35     Subd. 3.  [TO WHOM INFORMATION PROVIDED.] The proof of 
 24.36  ownership and insurance or, if applicable, the copy of the 
 25.1   rental or lease agreement required by subdivision 2 must be 
 25.2   provided to the law enforcement agency impounding the vehicle or 
 25.3   to a person or entity designated by the law enforcement agency 
 25.4   to receive the information. 
 25.5      Subd. 4.  [LIABILITY FOR STORAGE COSTS.] No law enforcement 
 25.6   agency, local unit of government, or state agency is responsible 
 25.7   or financially liable for any storage fees incurred due to an 
 25.8   impoundment under this section. [169.1216] 
 25.9      Sec. 26.  [169A.43] [RESPONSIBILITY FOR PROSECUTION; 
 25.10  CRIMINAL HISTORY INFORMATION.] 
 25.11     Subdivision 1.  [DEFINITION.] As used in this section, 
 25.12  "impaired driving offense" includes violations of sections 
 25.13  169A.20 to 169A.33. [new] 
 25.14     Subd. 2.  [PROSECUTION.] The attorney in the jurisdiction 
 25.15  in which an impaired driving offense occurred who is responsible 
 25.16  for prosecution of misdemeanor-level impaired driving offenses 
 25.17  is also responsible for prosecution of gross misdemeanor-level 
 25.18  impaired driving offenses. [169.121, subd. 3, par. (f) and 
 25.19  169.129, subd. 3] 
 25.20     Subd. 3.  [VENUE.] (a) A violation of section 169A.20, 
 25.21  subdivision 2 (refusal to submit to chemical test) may be 
 25.22  prosecuted either in the jurisdiction where the arresting 
 25.23  officer observed the defendant driving, operating, or in control 
 25.24  of the motor vehicle or in the jurisdiction where the refusal 
 25.25  occurred. [169.121, subd. 3, par. (k)] 
 25.26     (b) An underage drinking and driving offense may be 
 25.27  prosecuted as provided in section 169A.33, subdivision 6 
 25.28  (underage drinking and driving). [new cross-reference; see also 
 25.29  169.1218, par. (d)] 
 25.30     Subd. 4.  [CRIMINAL HISTORY INFORMATION.] When an attorney 
 25.31  responsible for prosecuting impaired driving offenses requests 
 25.32  criminal history information relating to prior impaired driving 
 25.33  convictions from a court, the court shall furnish the 
 25.34  information without charge. [169.121, subd. 3, par. (j)] 
 25.35     Sec. 27.  [169A.44] [CONDITIONAL RELEASE.] 
 25.36     (a) This section applies to a person charged with: 
 26.1      (1) a violation of section 169A.20 (driving while impaired) 
 26.2   within ten years of the first of two or more prior impaired 
 26.3   driving convictions; 
 26.4      (2) a violation of section 169A.20, if the person is under 
 26.5   the age of 19 years and has previously been convicted of 
 26.6   violating section 169A.20 or Minnesota Statutes 1998, section 
 26.7   169.121 (driver under the influence of alcohol or controlled 
 26.8   substance); 
 26.9      (3) a violation of section 169A.20, while the person's 
 26.10  driver's license or driving privileges have been canceled under 
 26.11  section 171.04, subdivision 1, clause (9) (persons not eligible 
 26.12  for drivers' licenses, inimical to public safety); or 
 26.13     (4) a violation of section 169A.20 by a person having an 
 26.14  alcohol concentration of 0.20 or more as measured at the time, 
 26.15  or within two hours of the time, of the offense. 
 26.16     (b) Unless maximum bail is imposed under section 629.471, a 
 26.17  person described in paragraph (a) may be released from detention 
 26.18  only if the person agrees to:  
 26.19     (1) abstain from alcohol; and 
 26.20     (2) submit to a program of electronic alcohol monitoring, 
 26.21  involving at least daily measurements of the person's alcohol 
 26.22  concentration, pending resolution of the charge. 
 26.23  Clause (2) applies only when electronic alcohol monitoring 
 26.24  equipment is available to the court.  The court shall require 
 26.25  partial or total reimbursement from the person for the cost of 
 26.26  the electronic alcohol monitoring, to the extent the person is 
 26.27  able to pay. 
 26.28     (c) Unless maximum bail is imposed under section 629.471, 
 26.29  subdivision 2, a person charged with violating section 169A.20 
 26.30  within ten years of the first of three or more prior impaired 
 26.31  driving convictions may be released from detention only if the 
 26.32  following conditions are imposed in addition to the condition 
 26.33  imposed in paragraph (b), if applicable, and any other 
 26.34  conditions of release ordered by the court: 
 26.35     (1) the impoundment of the registration plates of the 
 26.36  vehicle used to commit the violation, unless already impounded; 
 27.1      (2) if the vehicle used to commit the violation was an 
 27.2   off-road recreational vehicle or a motorboat, the impoundment of 
 27.3   the off-road recreational vehicle or motorboat; 
 27.4      (3) a requirement that the person report weekly to a 
 27.5   probation agent; 
 27.6      (4) a requirement that the person abstain from consumption 
 27.7   of alcohol and controlled substances and submit to random 
 27.8   alcohol tests or urine analyses at least weekly; and 
 27.9      (5) a requirement that, if convicted, the person reimburse 
 27.10  the court or county for the total cost of these 
 27.11  services. [169.121, subd. 1c] 
 27.12     Sec. 28.  [169A.45] [EVIDENCE.] 
 27.13     Subdivision 1.  [ALCOHOL CONCENTRATION EVIDENCE.] Upon the 
 27.14  trial of any prosecution arising out of acts alleged to have 
 27.15  been committed by any person arrested for violating section 
 27.16  169A.20 (driving while impaired) or 169A.31 (alcohol-related 
 27.17  school bus or Head Start bus driving), the court may admit 
 27.18  evidence of the presence or amount of alcohol in the person's 
 27.19  blood, breath, or urine as shown by an analysis of those items.  
 27.20  In addition, in a prosecution for a violation of section 
 27.21  169A.20, the court may admit evidence of the presence or amount 
 27.22  of controlled substances or hazardous substances in the person's 
 27.23  blood, breath, or urine as shown by an analysis of those items. 
 27.24     Subd. 2.  [RELEVANT EVIDENCE OF IMPAIRMENT.] For the 
 27.25  purposes of section 169A.20 (driving while impaired), evidence 
 27.26  that there was at the time an alcohol concentration of 0.04 or 
 27.27  more is relevant evidence in indicating whether or not the 
 27.28  person was under the influence of alcohol. 
 27.29     Subd. 3.  [EVIDENCE OF REFUSAL.] Evidence of the refusal to 
 27.30  take a test is admissible into evidence in a prosecution under 
 27.31  section 169A.20 (driving while impaired). 
 27.32     Subd. 4.  [OTHER COMPETENT EVIDENCE ADMISSIBLE.] The 
 27.33  preceding provisions do not limit the introduction of any other 
 27.34  competent evidence bearing upon the question of whether the 
 27.35  person violated section 169A.20 (driving while impaired) or 
 27.36  169A.31 (alcohol-related school bus or Head Start bus driving), 
 28.1   including tests obtained more than two hours after the alleged 
 28.2   violation and results obtained from partial tests on an infrared 
 28.3   breath-testing instrument.  A result from a partial test is the 
 28.4   measurement obtained by analyzing one adequate breath sample, as 
 28.5   described in section 169A.51, subdivision 5, paragraph (b) 
 28.6   (breath test using infrared breath-testing instrument).  
 28.7   [169.121, subd. 2] 
 28.8      Sec. 29.  [169A.46] [AFFIRMATIVE DEFENSES.] 
 28.9      Subdivision 1.  [IMPAIRMENT OCCURRED AFTER DRIVING CEASED.] 
 28.10  If proven by a preponderance of the evidence, it is an 
 28.11  affirmative defense to a violation of section 169A.20, 
 28.12  subdivision 1, clause (5) (driving while impaired, alcohol 
 28.13  concentration within two hours of driving), or 169A.20 by a 
 28.14  person having an alcohol concentration of 0.20 or more as 
 28.15  measured at the time, or within two hours of the time, of the 
 28.16  offense, that the defendant consumed a sufficient quantity of 
 28.17  alcohol after the time of the violation and before the 
 28.18  administration of the evidentiary test to cause the defendant's 
 28.19  alcohol concentration to exceed the level specified in the 
 28.20  applicable clause.  Evidence that the defendant consumed alcohol 
 28.21  after the time of the violation may not be admitted in defense 
 28.22  to any alleged violation of section 169A.20, unless notice is 
 28.23  given to the prosecution prior to the omnibus or pretrial 
 28.24  hearing in the matter. 
 28.25     Subd. 2.  [IMPAIRMENT FROM PRESCRIPTION DRUG.] If proven by 
 28.26  a preponderance of the evidence, it is an affirmative defense to 
 28.27  a violation of section 169A.20 subdivision 1, clause (7) 
 28.28  (presence of schedule I or II controlled substance), that the 
 28.29  defendant used the controlled substance according to the terms 
 28.30  of a prescription issued for the defendant in accordance with 
 28.31  sections 152.11 and 152.12. [169.121, subd. 2; 169.1211, subd. 
 28.32  3] 
 28.33     Sec. 30.  [169A.47] [NOTICE OF ENHANCED PENALTY.] 
 28.34     When a court sentences a person for a violation of sections 
 28.35  169A.20 to 169A.31 (impaired driving offenses), it shall inform 
 28.36  the defendant of the statutory provisions that provide for 
 29.1   enhancement of criminal penalties for repeat violators, and the 
 29.2   provisions that provide for administrative plate impoundment and 
 29.3   forfeiture of motor vehicles used to commit an impaired driving 
 29.4   offense.  The notice must describe the conduct and the time 
 29.5   periods within which the conduct must occur in order to result 
 29.6   in increased penalties, plate impoundment, or forfeiture.  The 
 29.7   failure of a court to provide this information to a defendant 
 29.8   does not affect the future applicability of these enhanced 
 29.9   penalties to that defendant. [169.121, subd. 3, par. (d), and 
 29.10  subd. 3c] 
 29.11     Sec. 31.  [169A.48] [IMMUNITY FROM LIABILITY.] 
 29.12     Subdivision 1.  [DEFINITION.] For purposes of this section, 
 29.13  "political subdivision" means a county, statutory or home rule 
 29.14  charter city, or town. 
 29.15     Subd. 2.  [IMMUNITY.] The state or political subdivision by 
 29.16  which a peace officer making an arrest for violation of sections 
 29.17  169A.20 to 169A.33 (impaired driving offenses), is employed has 
 29.18  immunity from any liability, civil or criminal, for the care or 
 29.19  custody of the motor vehicle being driven by, operated by, or in 
 29.20  the physical control of the person arrested if the peace officer 
 29.21  acts in good faith and exercises due care. [169.121, subd. 9] 
 29.22                     ADMINISTRATIVE PROVISIONS
 29.23     Sec. 32.  [169A.50] [CITATION.] 
 29.24     Sections 169A.50 to 169A.53 may be cited as the implied 
 29.25  consent law. [new] 
 29.26     Sec. 33.  [169A.51] [CHEMICAL TESTS FOR INTOXICATION.] 
 29.27     Subdivision 1.  [IMPLIED CONSENT; CONDITIONS; ELECTION OF 
 29.28  TEST.] (a) Any person who drives, operates, or is in physical 
 29.29  control of a motor vehicle within this state or on any boundary 
 29.30  water of this state consents, subject to the provisions of 
 29.31  sections 169A.50 to 169A.53 (implied consent law), and section 
 29.32  169A.20 (driving while impaired), to a chemical test of that 
 29.33  person's blood, breath, or urine for the purpose of determining 
 29.34  the presence of alcohol, controlled substances, or hazardous 
 29.35  substances.  The test must be administered at the direction of a 
 29.36  peace officer. 
 30.1      (b) The test may be required of a person when an officer 
 30.2   has probable cause to believe the person was driving, operating, 
 30.3   or in physical control of a motor vehicle in violation of 
 30.4   section 169A.20 (driving while impaired), and one of the 
 30.5   following conditions exist: 
 30.6      (1) the person has been lawfully placed under arrest for 
 30.7   violation of section 169A.20 or an ordinance in conformity with 
 30.8   it; 
 30.9      (2) the person has been involved in a motor vehicle 
 30.10  accident or collision resulting in property damage, personal 
 30.11  injury, or death; 
 30.12     (3) the person has refused to take the screening test 
 30.13  provided for by section 169A.41 (preliminary screening test); or 
 30.14     (4) the screening test was administered and indicated an 
 30.15  alcohol concentration of 0.10 or more. 
 30.16     (c) The test may also be required of a person when an 
 30.17  officer has probable cause to believe the person was driving, 
 30.18  operating, or in physical control of a commercial motor vehicle 
 30.19  with the presence of any alcohol. [169.123, subd. 2, par. (a)] 
 30.20     Subd. 2.  [IMPLIED CONSENT ADVISORY.] At the time a test is 
 30.21  requested, the person must be informed: 
 30.22     (1) that Minnesota law requires the person to take a test: 
 30.23     (i) to determine if the person is under the influence of 
 30.24  alcohol, controlled substances, or hazardous substances; 
 30.25     (ii) to determine the presence of a controlled substance 
 30.26  listed in schedule I or II, other than marijuana or 
 30.27  tetrahydrocannabinols; and 
 30.28     (iii) if the motor vehicle was a commercial motor vehicle, 
 30.29  to determine the presence of alcohol; 
 30.30     (2) that refusal to take a test is a crime; 
 30.31     (3) if the peace officer has probable cause to believe the 
 30.32  person has violated the criminal vehicular homicide and injury 
 30.33  laws, that a test will be taken with or without the person's 
 30.34  consent; and 
 30.35     (4) that the person has the right to consult with an 
 30.36  attorney, but that this right is limited to the extent that it 
 31.1   cannot unreasonably delay administration of the test. [169.123, 
 31.2   subd. 2, par. (b)] 
 31.3      Subd. 3.  [TYPE OF TEST.] The peace officer who requires a 
 31.4   test pursuant to this section may direct whether the test is of 
 31.5   blood, breath, or urine.  Action may be taken against a person 
 31.6   who refuses to take a blood test only if an alternative test was 
 31.7   offered and action may be taken against a person who refuses to 
 31.8   take a urine test only if an alternative test was 
 31.9   offered. [169.123, subd. 2, par. (c)] 
 31.10     Subd. 4.  [REQUIREMENT OF URINE OR BLOOD 
 31.11  TEST.] Notwithstanding subdivision 3, a blood or urine test may 
 31.12  be required even after a breath test has been administered if 
 31.13  there is probable cause to believe that: 
 31.14     (1) there is impairment by a controlled substance or 
 31.15  hazardous substance that is not subject to testing by a breath 
 31.16  test; or 
 31.17     (2) a controlled substance listed in schedule I or II, 
 31.18  other than marijuana or tetrahydrocannabinols, is present in the 
 31.19  person's body.  
 31.20     Action may be taken against a person who refuses to take a 
 31.21  blood test under this subdivision only if a urine test was 
 31.22  offered and action may be taken against a person who refuses to 
 31.23  take a urine test only if a blood test was offered. [169.123, 
 31.24  subd. 2a] 
 31.25     Subd. 5.  [BREATH TEST USING INFRARED BREATH-TESTING 
 31.26  INSTRUMENT.] (a) In the case of a breath test administered using 
 31.27  an infrared breath-testing instrument, the test must consist of 
 31.28  analyses in the following sequence:  one adequate breath sample 
 31.29  analysis, one calibration standard analysis, and a second, 
 31.30  adequate breath sample analysis. 
 31.31     (b) In the case of a test administered using an infrared 
 31.32  breath-testing instrument, a sample is adequate if the 
 31.33  instrument analyzes the sample and does not indicate the sample 
 31.34  is deficient. 
 31.35     (c) For purposes of section 169A.52 (revocation of license 
 31.36  for test failure or refusal), when a test is administered using 
 32.1   an infrared breath-testing instrument, failure of a person to 
 32.2   provide two separate, adequate breath samples in the proper 
 32.3   sequence constitutes a refusal. [169.123, subd. 2b] 
 32.4      Subd. 6.  [CONSENT OF PERSON INCAPABLE OF REFUSAL NOT 
 32.5   WITHDRAWN.] A person who is unconscious or who is otherwise in a 
 32.6   condition rendering the person incapable of refusal is deemed 
 32.7   not to have withdrawn the consent provided by subdivision 1 and 
 32.8   the test may be given. [169.123, subd. 2c] 
 32.9      Subd. 7.  [REQUIREMENTS FOR CONDUCTING TESTS; 
 32.10  LIABILITY.] (a) Only a physician, medical technician, 
 32.11  physician's trained mobile intensive care paramedic, registered 
 32.12  nurse, medical technologist, or laboratory assistant acting at 
 32.13  the request of a peace officer may withdraw blood for the 
 32.14  purpose of determining the presence of alcohol, controlled 
 32.15  substances, or hazardous substances.  This limitation does not 
 32.16  apply to the taking of a breath or urine sample. 
 32.17     (b) The person tested has the right to have someone of the 
 32.18  person's own choosing administer a chemical test or tests in 
 32.19  addition to any administered at the direction of a peace 
 32.20  officer; provided, that the additional test sample on behalf of 
 32.21  the person is obtained at the place where the person is in 
 32.22  custody, after the test administered at the direction of a peace 
 32.23  officer, and at no expense to the state.  The failure or 
 32.24  inability to obtain an additional test or tests by a person does 
 32.25  not preclude the admission in evidence of the test taken at the 
 32.26  direction of a peace officer unless the additional test was 
 32.27  prevented or denied by the peace officer. 
 32.28     (c) The physician, medical technician, physician's trained 
 32.29  mobile intensive care paramedic, medical technologist, 
 32.30  laboratory assistant, or registered nurse drawing blood at the 
 32.31  request of a peace officer for the purpose of determining the 
 32.32  concentration of alcohol, controlled substances, or hazardous 
 32.33  substances is in no manner liable in any civil or criminal 
 32.34  action except for negligence in drawing the blood.  The person 
 32.35  administering a breath test must be fully trained in the 
 32.36  administration of breath tests pursuant to training given by the 
 33.1   commissioner of public safety. [169.123, subd. 3] 
 33.2      Sec. 34.  [169A.52] [TEST REFUSAL OR FAILURE; LICENSE 
 33.3   REVOCATION.] 
 33.4      Subdivision 1.  [TEST REFUSAL.] If a person refuses to 
 33.5   permit a test, then a test must not be given, but the peace 
 33.6   officer shall report the refusal to the commissioner and the 
 33.7   authority having responsibility for prosecution of impaired 
 33.8   driving offenses for the jurisdiction in which the acts 
 33.9   occurred.  However, if a peace officer has probable cause to 
 33.10  believe that the person has violated section 609.21 (criminal 
 33.11  vehicular homicide and injury), a test may be required and 
 33.12  obtained despite the person's refusal.  A refusal to submit to 
 33.13  an alcohol concentration test does not constitute a violation of 
 33.14  section 609.50 (obstructing legal process), unless the refusal 
 33.15  was accompanied by force or violence or the threat of force or 
 33.16  violence. [169.123, subd. 4, par. (a)] 
 33.17     Subd. 2.  [TEST FAILURE.] If a person submits to a test, 
 33.18  the results of that test must be reported to the commissioner 
 33.19  and to the authority having responsibility for prosecution of 
 33.20  impaired driving offenses for the jurisdiction in which the acts 
 33.21  occurred, if the test results indicate: 
 33.22     (1) an alcohol concentration of 0.10 or more; 
 33.23     (2) an alcohol concentration of 0.04 or more, if the person 
 33.24  was driving, operating, or in physical control of a commercial 
 33.25  motor vehicle at the time of the violation; or 
 33.26     (3) the presence of a controlled substance listed in 
 33.27  schedule I or II, other than marijuana or 
 33.28  tetrahydrocannabinols. [169.123, subd. 4, par. (b)] 
 33.29     Subd. 3.  [TEST REFUSAL; LICENSE REVOCATION.] (a) Upon 
 33.30  certification by the peace officer that there existed probable 
 33.31  cause to believe the person had been driving, operating, or in 
 33.32  physical control of a motor vehicle in violation of section 
 33.33  169A.20 (driving while impaired), and that the person refused to 
 33.34  submit to a test, the commissioner shall revoke the person's 
 33.35  license or permit to drive, or nonresident operating privilege, 
 33.36  for a period of one year even if a test was obtained pursuant to 
 34.1   this section after the person refused to submit to testing. 
 34.2      (b) Upon certification by the peace officer that there 
 34.3   existed probable cause to believe the person had been driving, 
 34.4   operating, or in physical control of a commercial motor vehicle 
 34.5   with the presence of any alcohol in violation of section 169A.20 
 34.6   (driving while impaired), and that the person refused to submit 
 34.7   to a test, the commissioner shall disqualify the person from 
 34.8   operating a commercial motor vehicle for a period of one year 
 34.9   under section 171.165 (commercial driver's license 
 34.10  disqualification) and shall revoke the person's license or 
 34.11  permit to drive or nonresident operating privilege for a period 
 34.12  of one year. [169.123, subd. 4, par. (c) and (d)] 
 34.13     Subd. 4.  [TEST FAILURE; LICENSE REVOCATION.] (a) Upon 
 34.14  certification by the peace officer that there existed probable 
 34.15  cause to believe the person had been driving, operating, or in 
 34.16  physical control of a motor vehicle in violation of section 
 34.17  169A.20 (driving while impaired) and that the person submitted 
 34.18  to a test and the test results indicate an alcohol concentration 
 34.19  of 0.10 or more or the presence of a controlled substance listed 
 34.20  in schedule I or II, other than marijuana or 
 34.21  tetrahydrocannabinols, then the commissioner shall revoke the 
 34.22  person's license or permit to drive, or nonresident operating 
 34.23  privilege: 
 34.24     (1) for a period of 90 days; 
 34.25     (2) if the person is under the age of 21 years, for a 
 34.26  period of six months; 
 34.27     (3) for a person with a qualified prior impaired driving 
 34.28  incident within the past ten years, for a period of 180 days; or 
 34.29     (4) if the test results indicate an alcohol concentration 
 34.30  of 0.20 or more, for twice the applicable period in clauses (1) 
 34.31  to (3). 
 34.32     (b) On certification by the peace officer that there 
 34.33  existed probable cause to believe the person had been driving, 
 34.34  operating, or in physical control of a commercial motor vehicle 
 34.35  with any presence of alcohol and that the person submitted to a 
 34.36  test and the test results indicated an alcohol concentration of 
 35.1   0.04 or more, the commissioner shall disqualify the person from 
 35.2   operating a commercial motor vehicle under section 171.165 
 35.3   (commercial driver's license disqualification). [169.123, subd. 
 35.4   4, par. (e) and (f)] 
 35.5      Subd. 5.  [UNLICENSED DRIVERS; LICENSE ISSUANCE DENIAL.] If 
 35.6   the person is a resident without a license or permit to operate 
 35.7   a motor vehicle in this state, the commissioner shall deny to 
 35.8   the person the issuance of a license or permit after the date of 
 35.9   the alleged violation for the same period as provided in this 
 35.10  section for revocation, subject to review as provided in section 
 35.11  169A.53 (administrative and judicial review of license 
 35.12  revocation). [169.123, subd. 4, par. (g)] 
 35.13     Subd. 6.  [NOTICE OF REVOCATION, DISQUALIFICATION, OR 
 35.14  DETERMINATION TO DENY; REQUEST FOR HEARING.] A revocation under 
 35.15  this section or a disqualification under section 171.165 
 35.16  (commercial driver's license disqualification) becomes effective 
 35.17  at the time the commissioner or a peace officer acting on behalf 
 35.18  of the commissioner notifies the person of the intention to 
 35.19  revoke, disqualify, or both, and of revocation or 
 35.20  disqualification.  The notice must advise the person of the 
 35.21  right to obtain administrative and judicial review as provided 
 35.22  in section 169A.53 (administrative and judicial review of 
 35.23  license revocation).  If mailed, the notice and order of 
 35.24  revocation or disqualification is deemed received three days 
 35.25  after mailing to the last known address of the person.  
 35.26  [169.123, subd. 5] 
 35.27     Subd. 7.  [TEST REFUSAL; DRIVING PRIVILEGE LOST.] (a) On 
 35.28  behalf of the commissioner, a peace officer requiring a test or 
 35.29  directing the administration of a chemical test shall serve 
 35.30  immediate notice of intention to revoke and of revocation on a 
 35.31  person who refuses to permit a test or on a person who submits 
 35.32  to a test the results of which indicate an alcohol concentration 
 35.33  of 0.10 or more. 
 35.34     (b) On behalf of the commissioner, a peace officer 
 35.35  requiring a test or directing the administration of a chemical 
 35.36  test of a person driving, operating, or in physical control of a 
 36.1   commercial motor vehicle shall serve immediate notice of 
 36.2   intention to disqualify and of disqualification on a person who 
 36.3   refuses to permit a test, or on a person who submits to a test 
 36.4   the results of which indicate an alcohol concentration of 0.04 
 36.5   or more. 
 36.6      (c) The officer shall either: 
 36.7      (1) take the driver's license or permit, if any, send it to 
 36.8   the commissioner along with the certificate required by 
 36.9   subdivision 3 or 4, and issue a temporary license effective only 
 36.10  for seven days; or 
 36.11     (2) invalidate the driver's license or permit in such a way 
 36.12  that no identifying information is destroyed. [169.123, subd. 
 36.13  5a] 
 36.14     Subd. 8.  [NOTICE OF ACTION TO OTHER STATES.] When a 
 36.15  nonresident's privilege to operate a motor vehicle in this state 
 36.16  has been revoked or denied, the commissioner shall give 
 36.17  information in writing of the action taken to the official in 
 36.18  charge of traffic control or public safety of the state of the 
 36.19  person's residence and of any state in which the person has a 
 36.20  license. [169.123, subd. 8] 
 36.21     Sec. 35.  [169A.53] [ADMINISTRATIVE AND JUDICIAL REVIEW OF 
 36.22  LICENSE REVOCATION.] 
 36.23     Subdivision 1.  [ADMINISTRATIVE REVIEW.] (a) At any time 
 36.24  during a period of revocation imposed under section 169A.52 
 36.25  (revocation of license for test failure or refusal) or a period 
 36.26  of disqualification imposed under section 171.165 (commercial 
 36.27  driver's license disqualification), a person may request in 
 36.28  writing a review of the order of revocation or disqualification 
 36.29  by the commissioner, unless the person is entitled to review 
 36.30  under section 171.166 (review of disqualification).  Upon 
 36.31  receiving a request the commissioner or the commissioner's 
 36.32  designee shall review the order, the evidence upon which the 
 36.33  order was based, and any other material information brought to 
 36.34  the attention of the commissioner, and determine whether 
 36.35  sufficient cause exists to sustain the order.  Within 15 days of 
 36.36  receiving the request the commissioner shall report in writing 
 37.1   the results of the review.  The review provided in this 
 37.2   subdivision is not subject to the contested case provisions of 
 37.3   the Administrative Procedure Act in sections 14.001 to 14.69. 
 37.4      (b) The availability of administrative review for an order 
 37.5   of revocation or disqualification has no effect upon the 
 37.6   availability of judicial review under this section. 
 37.7      (c) Review under this subdivision must take place, if 
 37.8   possible, at the same time as any administrative review of the 
 37.9   person's impoundment order under section 169A.60, subdivision 9. 
 37.10  [169.123, subd. 5b] 
 37.11     Subd. 2.  [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 
 37.12  days following receipt of a notice and order of revocation or 
 37.13  disqualification pursuant to section 169A.52 (revocation of 
 37.14  license for test failure or refusal), a person may petition the 
 37.15  court for review.  The petition must be filed with the district 
 37.16  court administrator in the county where the alleged offense 
 37.17  occurred, together with proof of service of a copy on the 
 37.18  commissioner, and accompanied by the standard filing fee for 
 37.19  civil actions.  Responsive pleading is not required of the 
 37.20  commissioner, and court fees must not be charged for the 
 37.21  appearance of the commissioner in the matter. 
 37.22     (b) The petition must: 
 37.23     (1) be captioned in the full name of the person making the 
 37.24  petition as petitioner and the commissioner as respondent; 
 37.25     (2) include the petitioner's date of birth, driver's 
 37.26  license number, and date of the offense; and 
 37.27     (3) state with specificity the grounds upon which the 
 37.28  petitioner seeks rescission of the order of revocation, 
 37.29  disqualification, or denial. 
 37.30     (c) The filing of the petition does not stay the 
 37.31  revocation, disqualification, or denial.  The reviewing court 
 37.32  may order a stay of the balance of the revocation or 
 37.33  disqualification if the hearing has not been conducted within 60 
 37.34  days after filing of the petition upon terms the court deems 
 37.35  proper. 
 37.36     (d) Judicial reviews must be conducted according to the 
 38.1   Rules of Civil Procedure, except that prehearing discovery is 
 38.2   mandatory and is limited to: 
 38.3      (1) the notice of revocation; 
 38.4      (2) the test record or, in the case of blood or urine 
 38.5   tests, the certificate of analysis; 
 38.6      (3) the peace officer's certificate and any accompanying 
 38.7   documentation submitted by the arresting officer to the 
 38.8   commissioner; and 
 38.9      (4) disclosure of potential witnesses, including experts, 
 38.10  and the basis of their testimony.  
 38.11     Other types of discovery are available only upon order of 
 38.12  the court. [169.123, subd. 5c] 
 38.13     Subd. 3.  [HEARING.] (a) A judicial review hearing under 
 38.14  this section must be before a district judge in any county in 
 38.15  the judicial district where the alleged offense occurred.  The 
 38.16  hearing is to the court and may be conducted at the same time 
 38.17  and in the same manner as hearings upon pretrial motions in the 
 38.18  criminal prosecution under section 169A.20 (driving while 
 38.19  impaired), if any.  The hearing must be recorded.  The 
 38.20  commissioner shall appear and be represented by the attorney 
 38.21  general or through the prosecuting authority for the 
 38.22  jurisdiction involved.  The hearing must be held at the earliest 
 38.23  practicable date, and in any event no later than 60 days 
 38.24  following the filing of the petition for review.  The judicial 
 38.25  district administrator shall establish procedures to ensure 
 38.26  efficient compliance with this subdivision.  To accomplish this, 
 38.27  the administrator may, whenever possible, consolidate and 
 38.28  transfer review hearings among the locations within the judicial 
 38.29  district where terms of district court are held. 
 38.30     (b) The scope of the hearing is limited to the issues in 
 38.31  clauses (1) to (10): 
 38.32     (1) Did the peace officer have probable cause to believe 
 38.33  the person was driving, operating, or in physical control of a 
 38.34  motor vehicle or commercial motor vehicle in violation of 
 38.35  section 169A.20 (driving while impaired)? 
 38.36     (2) Was the person lawfully placed under arrest for 
 39.1   violation of section 169A.20? 
 39.2      (3) Was the person involved in a motor vehicle accident or 
 39.3   collision resulting in property damage, personal injury, or 
 39.4   death? 
 39.5      (4) Did the person refuse to take a screening test provided 
 39.6   for by section 169A.41 (preliminary screening test)? 
 39.7      (5) If the screening test was administered, did the test 
 39.8   indicate an alcohol concentration of 0.10 or more? 
 39.9      (6) At the time of the request for the test, did the peace 
 39.10  officer inform the person of the person's rights and the 
 39.11  consequences of taking or refusing the test as required by 
 39.12  section 169A.51, subdivision 2? 
 39.13     (7) Did the person refuse to permit the test? 
 39.14     (8) If a test was taken by a person driving, operating, or 
 39.15  in physical control of a motor vehicle, did the test results 
 39.16  indicate at the time of testing: 
 39.17     (i) an alcohol concentration of 0.10 or more; or 
 39.18     (ii) the presence of a controlled substance listed in 
 39.19  schedule I or II, other than marijuana or tetrahydrocannabinols? 
 39.20     (9) If a test was taken by a person driving, operating, or 
 39.21  in physical control of a commercial motor vehicle, did the test 
 39.22  results indicate an alcohol concentration of 0.04 or more at the 
 39.23  time of testing? 
 39.24     (10) Was the testing method used valid and reliable and 
 39.25  were the test results accurately evaluated? 
 39.26     (c) It is an affirmative defense for the petitioner to 
 39.27  prove that, at the time of the refusal, the petitioner's refusal 
 39.28  to permit the test was based upon reasonable grounds. 
 39.29     (d) Certified or otherwise authenticated copies of 
 39.30  laboratory or medical personnel reports, records, documents, 
 39.31  licenses, and certificates are admissible as substantive 
 39.32  evidence. 
 39.33     (e) The court shall order that the revocation or 
 39.34  disqualification be either rescinded or sustained and forward 
 39.35  the order to the commissioner.  The court shall file its order 
 39.36  within 14 days following the hearing.  If the revocation or 
 40.1   disqualification is sustained, the court shall also forward the 
 40.2   person's driver's license or permit to the commissioner for 
 40.3   further action by the commissioner if the license or permit is 
 40.4   not already in the commissioner's possession. 
 40.5      (f) Any party aggrieved by the decision of the reviewing 
 40.6   court may appeal the decision as provided in the rules of 
 40.7   appellate procedure. [169.123, subds. 6 and 7] 
 40.8      Sec. 36.  [169A.54] [IMPAIRED DRIVING CONVICTIONS AND 
 40.9   ADJUDICATIONS; ADMINISTRATIVE PENALTIES.] 
 40.10     Subdivision 1.  [DRIVING WHILE IMPAIRED 
 40.11  CONVICTIONS.] Except as provided in subdivision 7, the 
 40.12  commissioner shall revoke the driver's license of a person 
 40.13  convicted of violating section 169A.20 (driving while impaired) 
 40.14  or an ordinance in conformity with it, as follows: 
 40.15     (1) for an offense under section 169A.20, subdivision 1 
 40.16  (driving while impaired crime):  not less than 30 days; 
 40.17     (2) for an offense under section 169A.20, subdivision 2 
 40.18  (refusal to submit to chemical test crime):  not less than 90 
 40.19  days; 
 40.20     (3) for an offense occurring within ten years of a 
 40.21  qualified prior impaired driving incident: 
 40.22     (i) if the current conviction is for a violation of section 
 40.23  169A.20, subdivision 1, not less than 180 days and until the 
 40.24  court has certified that treatment or rehabilitation has been 
 40.25  successfully completed where prescribed in accordance with 
 40.26  section 169A.70 (chemical use assessments); or 
 40.27     (ii) if the current conviction is for a violation of 
 40.28  section 169A.20, subdivision 2, not less than one year and until 
 40.29  the court has certified that treatment or rehabilitation has 
 40.30  been successfully completed where prescribed in accordance with 
 40.31  section 169A.70; 
 40.32     (4) for an offense occurring within ten years of the first 
 40.33  of two qualified prior impaired driving incidents:  not less 
 40.34  than one year, together with denial under section 171.04, 
 40.35  subdivision 1, clause (9), until rehabilitation is established 
 40.36  in accordance with standards established by the commissioner; or 
 41.1      (5) for an offense occurring within ten years of the first 
 41.2   of three or more qualified prior impaired driving incidents:  
 41.3   not less than two years, together with denial under section 
 41.4   171.04, subdivision 1, clause (9), until rehabilitation is 
 41.5   established in accordance with standards established by the 
 41.6   commissioner. [169.121, subd. 4, par. (a)] 
 41.7      Subd. 2.  [DRIVING WHILE IMPAIRED BY PERSON UNDER AGE 
 41.8   21.] If the person convicted of violating section 169A.20 
 41.9   (driving while impaired) is under the age of 21 years at the 
 41.10  time of the violation, the commissioner shall revoke the 
 41.11  offender's driver's license or operating privileges for a period 
 41.12  of six months or for the appropriate period of time under 
 41.13  subdivision 1, clauses (1) to (5), for the offense committed, 
 41.14  whichever is the greatest period. [169.121, subd. 4, par. (b)] 
 41.15     Subd. 3.  [JUVENILE ADJUDICATIONS.] For purposes of this 
 41.16  section, a juvenile adjudication under section 169A.20 (driving 
 41.17  while impaired), an ordinance in conformity with it, or a 
 41.18  statute or ordinance from another state in conformity with it is 
 41.19  an offense. [169.121, subd. 4, par. (c)] 
 41.20     Subd. 4.  [VIOLATIONS INVOLVING PERSONAL INJURY.] Whenever 
 41.21  department records show that the violation involved personal 
 41.22  injury or death to any person, at least 90 additional days must 
 41.23  be added to the base periods provided in subdivisions 1 to 
 41.24  3. [169.121, subd. 4, par. (d)] 
 41.25     Subd. 5.  [VIOLATIONS INVOLVING AN ALCOHOL CONCENTRATION OF 
 41.26  0.20 OR MORE.] If the person is convicted of violating section 
 41.27  169A.20 (driving while impaired) while having an alcohol 
 41.28  concentration of 0.20 or more as measured at the time, or within 
 41.29  two hours of the time, of the offense, the commissioner shall 
 41.30  revoke the person's driver's license for twice the period of 
 41.31  time otherwise provided for in this section. [169.121, subd. 4, 
 41.32  par. (e)] 
 41.33     Subd. 6.  [APPLICABILITY OF IMPLIED CONSENT REVOCATION 
 41.34  PROVISIONS.] Except for a person whose license has been revoked 
 41.35  under subdivision 2, and except for a person convicted of a 
 41.36  violation of section 169A.20 (driving while impaired) while 
 42.1   having a child under the age of 16 in the vehicle if the child 
 42.2   is more than 36 months younger than the offender, any person 
 42.3   whose license has been revoked pursuant to section 169A.52 
 42.4   (license revocation for test failure or refusal) as the result 
 42.5   of the same incident, and who does not have a qualified prior 
 42.6   impaired driving incident, is subject to the mandatory 
 42.7   revocation provisions of subdivision 1, clause (1) or (2), in 
 42.8   lieu of the mandatory revocation provisions of section 
 42.9   169A.52. [169.121, subd. 4, par. (f)] 
 42.10     Subd. 7.  [ALCOHOL-RELATED COMMERCIAL VEHICLE DRIVING 
 42.11  VIOLATIONS.] (a) The administrative penalties described in 
 42.12  subdivision 1 do not apply to violations of section 169A.20, 
 42.13  subdivision 1 (driving while impaired crime), by a person 
 42.14  operating a commercial motor vehicle unless the person's alcohol 
 42.15  concentration as measured at the time, or within two hours of 
 42.16  the time, of the operation was 0.10 or more or the person 
 42.17  violates section 169A.20, subdivision 1, clauses (1) to (4) or 
 42.18  (7). 
 42.19     (b) The commissioner shall disqualify a person from 
 42.20  operating a commercial motor vehicle as provided under section 
 42.21  171.165 (commercial driver's license, disqualification), on 
 42.22  receipt of a record of conviction for a violation of section 
 42.23  169A.20.  
 42.24     (c) A person driving, operating, or in physical control of 
 42.25  a commercial motor vehicle with any presence of alcohol is 
 42.26  prohibited from operating a commercial motor vehicle for 24 
 42.27  hours from issuance of an out-of-service order. [169.1211, subd. 
 42.28  4, and 169.1215] 
 42.29     Subd. 8.  [UNDERAGE DRINKING AND DRIVING VIOLATIONS.] The 
 42.30  administrative penalties described in section 169A.33, 
 42.31  subdivision 3, apply to violations of section 169A.33 (underage 
 42.32  drinking and driving). [new; see also 169.1218, par. (c)] 
 42.33     Subd. 9.  [ALCOHOL-RELATED SCHOOL BUS DRIVING 
 42.34  VIOLATIONS.] The administrative penalties described in section 
 42.35  171.3215 (canceling school bus endorsements for certain offenses)
 42.36  apply to violations of section 169A.20 (driving while impaired) 
 43.1   by a person driving, operating, or in physical control of a 
 43.2   school bus or Head Start bus. [new] 
 43.3      Subd. 10.  [LICENSE REVOCATION; COURT INVALIDATION.] (a) 
 43.4   Except as provided in subdivision 7, on behalf of the 
 43.5   commissioner, a court shall serve notice of revocation or 
 43.6   cancellation on a person convicted of a violation of section 
 43.7   169A.20 (driving while impaired) unless the commissioner has 
 43.8   already revoked the person's driving privileges or served the 
 43.9   person with a notice of revocation for a violation of section 
 43.10  169A.52 (license revocation for test failure or refusal) arising 
 43.11  out of the same incident. 
 43.12     (b) The court shall invalidate the driver's license or 
 43.13  permit in such a way that no identifying information is 
 43.14  destroyed. [169.121, subd. 7] 
 43.15     Subd. 11.  [CHEMICAL USE ASSESSMENT.] When the evidentiary 
 43.16  test shows an alcohol concentration of 0.07 or more, that result 
 43.17  must be reported to the commissioner.  The commissioner shall 
 43.18  record that fact on the driver's record.  When the driver's 
 43.19  record shows a second or subsequent report of an alcohol 
 43.20  concentration of 0.07 or more within two years of a recorded 
 43.21  report, the commissioner may require that the driver have a 
 43.22  chemical use assessment meeting the commissioner's 
 43.23  requirements.  The assessment must be at the driver's expense.  
 43.24  In no event shall the commissioner deny the license of a person 
 43.25  who refuses to take the assessment or to undertake treatment, if 
 43.26  treatment is indicated by the assessment, for longer than 90 
 43.27  days.  If an assessment is made pursuant to this section, the 
 43.28  commissioner may waive the assessment required by section 
 43.29  169A.70. [169.121, subd. 8] 
 43.30     Sec. 37.  [169A.55] [LICENSE REVOCATION TERMINATION; 
 43.31  LICENSE REINSTATEMENT.] 
 43.32     Subdivision 1.  [TERMINATION OF REVOCATION PERIOD.] If the 
 43.33  commissioner receives notice of the driver's attendance at a 
 43.34  driver improvement clinic, attendance at counseling sessions, or 
 43.35  participation in treatment for an alcohol problem, the 
 43.36  commissioner may, 30 days prior to the time the revocation 
 44.1   period would otherwise expire, terminate the revocation period.  
 44.2   The commissioner shall not terminate the revocation period under 
 44.3   this subdivision for a driver who has had a license revoked 
 44.4   under section 169A.52 (license revocation for test failure or 
 44.5   refusal); 169A.54 (impaired driving convictions and 
 44.6   adjudications; administrative penalties); or Minnesota Statutes 
 44.7   1998, section 169.121 (driving under the influence of alcohol or 
 44.8   controlled substances); or 169.123 (implied consent) for another 
 44.9   incident during the preceding three-year period. [169.123, subd. 
 44.10  10] 
 44.11     Subd. 2.  [REINSTATEMENT OF DRIVING PRIVILEGES; 
 44.12  NOTICE.] Upon expiration of a period of revocation under section 
 44.13  169A.52 (license revocation for test failure or refusal) or 
 44.14  169A.54 (impaired driving convictions and adjudications; 
 44.15  administrative penalties), the commissioner shall notify the 
 44.16  person of the terms upon which driving privileges can be 
 44.17  reinstated, and new registration plates issued, which terms are: 
 44.18  (1) successful completion of an examination and proof of 
 44.19  compliance with any terms of alcohol treatment or counseling 
 44.20  previously prescribed, if any; and (2) any other requirements 
 44.21  imposed by the commissioner and applicable to that particular 
 44.22  case.  The commissioner shall notify the owner of a motor 
 44.23  vehicle subject to an impoundment order under section 169A.60 
 44.24  (administrative impoundment of plates) as a result of the 
 44.25  violation of the procedures for obtaining new registration 
 44.26  plates, if the owner is not the violator.  The commissioner 
 44.27  shall also notify the person that if driving is resumed without 
 44.28  reinstatement of driving privileges or without valid 
 44.29  registration plates and registration certificate, the person 
 44.30  will be subject to criminal penalties. [169.1261] 
 44.31     Sec. 38.  [169A.60] [ADMINISTRATIVE IMPOUNDMENT OF PLATES.] 
 44.32     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 44.33  the following terms have the meanings given in this subdivision. 
 44.34     (b) "Motor vehicle" means a self-propelled motor vehicle 
 44.35  other than a motorboat in operation or a recreational vehicle. 
 44.36     (c) "Plate impoundment violation" includes: 
 45.1      (1) a violation of section 169A.20 (driving while impaired) 
 45.2   or 169A.52 (license revocation for test failure or refusal), or 
 45.3   a conforming ordinance from this state or a conforming statute 
 45.4   or ordinance from another state, that results in the revocation 
 45.5   of a person's driver's license or driving privileges, within ten 
 45.6   years of a qualified prior impaired driving incident; 
 45.7      (2) a license disqualification under section 171.165 
 45.8   (commercial driver's license disqualification) resulting from a 
 45.9   violation of section 169A.52 within ten years of a qualified 
 45.10  prior impaired driving incident; 
 45.11     (3) a violation of section 169A.20 while having an alcohol 
 45.12  concentration of 0.20 or more as measured at the time, or within 
 45.13  two hours of the time, of the offense; 
 45.14     (4) a violation of section 169A.20 while having a child 
 45.15  under the age of 16 in the vehicle if the child is more than 36 
 45.16  months younger than the offender; and 
 45.17     (5) a violation of section 171.24 (driving without valid 
 45.18  license) by a person whose driver's license or driving 
 45.19  privileges have been canceled under section 171.04, subdivision 
 45.20  1, clause (9) (persons not eligible for driver's license, 
 45.21  inimical to public safety). 
 45.22     (d) "Violator" means a person who was driving, operating, 
 45.23  or in physical control of the motor vehicle when the plate 
 45.24  impoundment violation occurred. 
 45.25     Subd. 2.  [PLATE IMPOUNDMENT VIOLATION; ISSUANCE OF 
 45.26  IMPOUNDMENT ORDER.] (a) The commissioner shall issue a 
 45.27  registration plate impoundment order when: 
 45.28     (1) a person's driver's license or driving privileges are 
 45.29  revoked for a plate impoundment violation; or 
 45.30     (2) a person is arrested for or charged with a plate 
 45.31  impoundment violation described in subdivision 1, paragraph (c), 
 45.32  clause (5). 
 45.33     (b) The order must require the impoundment of the 
 45.34  registration plates of the motor vehicle involved in the plate 
 45.35  impoundment violation and all motor vehicles owned by, 
 45.36  registered, or leased in the name of the violator, including 
 46.1   motor vehicles registered jointly or leased in the name of the 
 46.2   violator and another.  The commissioner shall not issue an 
 46.3   impoundment order for the registration plates of a rental 
 46.4   vehicle, as defined in section 168.041, subdivision 10, or a 
 46.5   vehicle registered in another state. 
 46.6      Subd. 3.  [NOTICE OF IMPOUNDMENT.] An impoundment order is 
 46.7   effective when the commissioner or a peace officer acting on 
 46.8   behalf of the commissioner notifies the violator or the 
 46.9   registered owner of the motor vehicle of the intent to impound 
 46.10  and order of impoundment.  The notice must advise the violator 
 46.11  of the duties and obligations set forth in subdivision 6 
 46.12  (surrender of plates) and of the right to obtain administrative 
 46.13  and judicial review.  The notice to the registered owner who is 
 46.14  not the violator must include the procedure to obtain new 
 46.15  registration plates under subdivision 8.  If mailed, the notice 
 46.16  and order of impoundment is deemed received three days after 
 46.17  mailing to the last known address of the violator or the 
 46.18  registered owner. 
 46.19     Subd. 4.  [PEACE OFFICER AS AGENT FOR NOTICE OF 
 46.20  IMPOUNDMENT.] On behalf of the commissioner, a peace officer 
 46.21  issuing a notice of intent to revoke and of revocation for a 
 46.22  plate impoundment violation shall also serve a notice of intent 
 46.23  to impound and an order of impoundment.  On behalf of the 
 46.24  commissioner, a peace officer who is arresting a person for or 
 46.25  charging a person with a plate impoundment violation described 
 46.26  in subdivision 1, paragraph (c), clause (5), shall also serve a 
 46.27  notice of intent to impound and an order of impoundment.  If the 
 46.28  vehicle involved in the plate impoundment violation is 
 46.29  accessible to the officer at the time the impoundment order is 
 46.30  issued, the officer shall seize the registration plates subject 
 46.31  to the impoundment order.  The officer shall destroy all plates 
 46.32  seized or impounded under this section.  The officer shall send 
 46.33  to the commissioner copies of the notice of intent to impound 
 46.34  and the order of impoundment and a notice that registration 
 46.35  plates impounded and seized under this section have been 
 46.36  destroyed. 
 47.1      Subd. 5.  [TEMPORARY PERMIT.] If the motor vehicle is 
 47.2   registered to the violator, the officer shall issue a temporary 
 47.3   vehicle permit that is valid for seven days when the officer 
 47.4   issues the notices under subdivision 4.  If the motor vehicle is 
 47.5   registered in the name of another, the officer shall issue a 
 47.6   temporary vehicle permit that is valid for 45 days when the 
 47.7   notices are issued under subdivision 3.  The permit must be in a 
 47.8   form determined by the registrar and whenever practicable must 
 47.9   be posted on the left side of the inside rear window of the 
 47.10  vehicle.  A permit is valid only for the vehicle for which it is 
 47.11  issued. 
 47.12     Subd. 6.  [SURRENDER OF PLATES.] Within seven days after 
 47.13  issuance of the impoundment notice, a person who receives a 
 47.14  notice of impoundment and impoundment order shall surrender all 
 47.15  registration plates subject to the impoundment order that were 
 47.16  not seized by a peace officer under subdivision 4.  Registration 
 47.17  plates required to be surrendered under this subdivision must be 
 47.18  surrendered to a Minnesota police department, sheriff, or the 
 47.19  state patrol, along with a copy of the impoundment order.  A law 
 47.20  enforcement agency receiving registration plates under this 
 47.21  subdivision shall destroy the plates and notify the commissioner 
 47.22  that they have been destroyed.  The notification to the 
 47.23  commissioner shall also include a copy of the impoundment order. 
 47.24     Subd. 7.  [VEHICLE NOT OWNED BY VIOLATOR.] A violator may 
 47.25  file a sworn statement with the commissioner within seven days 
 47.26  of the issuance of an impoundment order stating any material 
 47.27  information relating to the impoundment order, including that 
 47.28  the vehicle has been sold or destroyed, and supplying the date, 
 47.29  name, location, and address of the person or entity that 
 47.30  purchased or destroyed the vehicle.  The commissioner shall 
 47.31  rescind the impoundment order if the violator shows that the 
 47.32  impoundment order was not properly issued. 
 47.33     Subd. 8.  [REISSUANCE OF REGISTRATION PLATES.] (a) The 
 47.34  commissioner shall rescind the impoundment order of a person 
 47.35  subject to an order under this section, other than the violator, 
 47.36  if: 
 48.1      (1) the violator had a valid driver's license on the date 
 48.2   of the plate impoundment violation and the person files with the 
 48.3   commissioner an acceptable sworn statement containing the 
 48.4   following information: 
 48.5      (i) that the person is the registered owner of the vehicle 
 48.6   from which the plates have been impounded under this section; 
 48.7      (ii) that the person is the current owner and possessor of 
 48.8   the vehicle used in the violation; 
 48.9      (iii) the date on which the violator obtained the vehicle 
 48.10  from the registered owner; 
 48.11     (iv) the residence addresses of the registered owner and 
 48.12  the violator on the date the violator obtained the vehicle from 
 48.13  the registered owner; 
 48.14     (v) that the person was not a passenger in the vehicle at 
 48.15  the time of the plate impoundment violation; and 
 48.16     (vi) that the person knows that the violator may not drive, 
 48.17  operate, or be in physical control of a vehicle without a valid 
 48.18  driver's license; or 
 48.19     (2) the violator did not have a valid driver's license on 
 48.20  the date of the plate impoundment violation and the person made 
 48.21  a report to law enforcement before the violation stating that 
 48.22  the vehicle had been taken from the person's possession or was 
 48.23  being used without permission. 
 48.24     (b) A person who has failed to make a report as provided in 
 48.25  paragraph (a), clause (2), may be issued special registration 
 48.26  plates under subdivision 13 for a period of one year from the 
 48.27  effective date of the impoundment order.  At the next 
 48.28  registration renewal following this period, the person may apply 
 48.29  for regular registration plates. 
 48.30     (c) If the order is rescinded, the owner shall receive new 
 48.31  registration plates at no cost, if the plates were seized and 
 48.32  destroyed. 
 48.33     Subd. 9.  [ADMINISTRATIVE REVIEW.] (a) At any time during 
 48.34  the effective period of an impoundment order, a person may 
 48.35  request in writing a review of the impoundment order by the 
 48.36  commissioner.  On receiving a request, the commissioner or the 
 49.1   commissioner's designee shall review the order, the evidence 
 49.2   upon which the order was based, and any other material 
 49.3   information brought to the attention of the commissioner, and 
 49.4   determine whether sufficient cause exists to sustain the order.  
 49.5   The commissioner shall report in writing the results of the 
 49.6   review within 15 days of receiving the request.  The review 
 49.7   provided in this subdivision is not subject to the contested 
 49.8   case provisions of the Administrative Procedure Act in sections 
 49.9   14.001 to 14.69.  As a result of this review, the commissioner 
 49.10  may authorize the issuance at no cost of new registration plates 
 49.11  to the registered owner of the vehicle if the registered owner's 
 49.12  license or driving privileges were not revoked as a result of 
 49.13  the plate impoundment violation. 
 49.14     (b) Review under this subdivision must take place, if 
 49.15  possible, at the same time as any administrative review of the 
 49.16  person's license revocation under section 169A.53 
 49.17  (administrative and judicial review of license revocation). 
 49.18     Subd. 10.  [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 
 49.19  days following receipt of a notice and order of impoundment 
 49.20  under this section, a person may petition the court for review.  
 49.21  The petition must include the petitioner's date of birth, 
 49.22  driver's license number, and date of the plate impoundment 
 49.23  violation.  The petition must state with specificity the grounds 
 49.24  upon which the petitioner seeks rescission of the order for 
 49.25  impoundment.  The petition may be combined with any petition 
 49.26  filed under section 169A.53 (administrative and judicial review 
 49.27  of license revocation). 
 49.28     (b) Except as otherwise provided in this section, the 
 49.29  judicial review and hearing are governed by section 169A.53 and 
 49.30  must take place at the same time as any judicial review of the 
 49.31  person's license revocation under section 169A.53.  The filing 
 49.32  of the petition does not stay the impoundment order.  The 
 49.33  reviewing court may order a stay of the balance of the 
 49.34  impoundment period if the hearing has not been conducted within 
 49.35  60 days after filing of the petition upon terms the court deems 
 49.36  proper.  The court shall order either that the impoundment be 
 50.1   rescinded or sustained, and forward the order to the 
 50.2   commissioner.  The court shall file its order within 14 days 
 50.3   following the hearing. 
 50.4      (c) In addition to the issues described in section 169A.53, 
 50.5   subdivision 3 (judicial review of license revocation), the scope 
 50.6   of a hearing under this subdivision is limited to: 
 50.7      (1) whether the violator owns, is the registered owner of, 
 50.8   possesses, or has access to the vehicle used in the plate 
 50.9   impoundment violation; 
 50.10     (2) whether a member of the violator's household has a 
 50.11  valid driver's license, the violator or registered owner has a 
 50.12  limited license issued under section 171.30, the registered 
 50.13  owner is not the violator, and the registered owner has a valid 
 50.14  or limited driver's license, or a member of the registered 
 50.15  owner's household has a valid driver's license; and 
 50.16     (3) if the impoundment is based on a plate impoundment 
 50.17  violation described in subdivision 1, paragraph (c), clause (3) 
 50.18  or (4), whether the peace officer had probable cause to believe 
 50.19  the violator committed the plate impoundment violation and 
 50.20  whether the evidence demonstrates that the plate impoundment 
 50.21  violation occurred. 
 50.22     (d) In a hearing under this subdivision, the following 
 50.23  records are admissible in evidence: 
 50.24     (1) certified copies of the violator's driving record; and 
 50.25     (2) certified copies of vehicle registration records 
 50.26  bearing the violator's name. 
 50.27     Subd. 11.  [RESCISSION OF REVOCATION; DISMISSAL OR 
 50.28  ACQUITTAL; NEW PLATES.] If: 
 50.29     (1) the driver's license revocation that is the basis for 
 50.30  an impoundment order is rescinded; 
 50.31     (2) the charges for the plate impoundment violation have 
 50.32  been dismissed with prejudice; or 
 50.33     (3) the violator has been acquitted of the plate 
 50.34  impoundment violation; 
 50.35  then the registrar of motor vehicles shall issue new 
 50.36  registration plates for the vehicle at no cost, when the 
 51.1   registrar receives an application that includes a copy of the 
 51.2   order rescinding the driver's license revocation, the order 
 51.3   dismissing the charges, or the judgment of acquittal. 
 51.4      Subd. 12.  [CHARGE FOR REINSTATEMENT OF PLATES IN CERTAIN 
 51.5   SITUATIONS.] When the registrar of motor vehicles reinstates a 
 51.6   person's registration plates after impoundment for reasons other 
 51.7   than those described in subdivision 11, the registrar shall 
 51.8   charge the person $50 for each vehicle for which the 
 51.9   registration plates are being reinstated. 
 51.10     Subd. 13.  [SPECIAL REGISTRATION PLATES.] A violator or 
 51.11  registered owner may apply to the commissioner for new 
 51.12  registration plates, which must bear a special series of numbers 
 51.13  or letters so as to be readily identified by traffic law 
 51.14  enforcement officers.  The commissioner may authorize the 
 51.15  issuance of special plates if: 
 51.16     (1) the violator has a qualified licensed driver whom the 
 51.17  violator must identify; 
 51.18     (2) the violator or registered owner has a limited license 
 51.19  issued under section 171.30; 
 51.20     (3) the registered owner is not the violator and the 
 51.21  registered owner has a valid or limited driver's license; or 
 51.22     (4) a member of the registered owner's household has a 
 51.23  valid driver's license. 
 51.24  The commissioner may issue the special plates on payment of a 
 51.25  $50 fee for each vehicle for which special plates are requested. 
 51.26     Subd. 14.  [SALE OF VEHICLE SUBJECT TO IMPOUNDMENT 
 51.27  ORDER.] A registered owner may not sell a motor vehicle during 
 51.28  the time its registration plates have been ordered impounded or 
 51.29  during the time its registration plates bear a special series 
 51.30  number, unless: 
 51.31     (1) the sale is for a valid consideration; 
 51.32     (2) the transferee does not reside in the same household as 
 51.33  the registered owner; and 
 51.34     (3) all elements of section 168A.10 (transfer of interest 
 51.35  by owner) are satisfied. 
 51.36     The registrar may then transfer the title to the new owner 
 52.1   upon proper application and issue new registration plates. 
 52.2      Subd. 15.  [ACQUIRING ANOTHER VEHICLE.] If the violator 
 52.3   applies to the commissioner for registration plates for any 
 52.4   vehicle during the effective period of the plate impoundment, 
 52.5   the commissioner shall not issue registration plates unless the 
 52.6   violator qualifies for special registration plates under 
 52.7   subdivision 13 and unless the plates issued are special plates 
 52.8   as described in subdivision 13. 
 52.9      Subd. 16.  [FEES CREDITED TO HIGHWAY USER FUND.] Fees 
 52.10  collected from the sale or reinstatement of license plates under 
 52.11  this section must be paid into the state treasury and credited 
 52.12  one-half to the highway user tax distribution fund and one-half 
 52.13  to the general fund. 
 52.14     Subd. 17.  [PLATE IMPOUNDMENT; PENALTY.] Criminal penalties 
 52.15  for violating this section are governed by section 169A.37.  
 52.16     Subd. 18.  [STOP OF VEHICLES BEARING SPECIAL PLATES.] The 
 52.17  authority of a peace officer to stop a vehicle bearing special 
 52.18  plates is governed by section 168.0422. [168.042] 
 52.19     Sec. 39.  [169A.63] [VEHICLE FORFEITURE FOR DESIGNATED 
 52.20  OFFENSE OR LICENSE REVOCATION.] 
 52.21     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 52.22  the following terms have the meanings given them.  
 52.23     (b) "Appropriate agency" means a law enforcement agency 
 52.24  that has the authority to make an arrest for a violation of a 
 52.25  designated offense or to require a test under section 169A.51 
 52.26  (chemical tests for intoxication). 
 52.27     (c) "Designated license revocation" includes a license 
 52.28  revocation under section 169A.52 (license revocation for test 
 52.29  failure or refusal) or a license disqualification under section 
 52.30  171.165 (commercial driver's license disqualification) resulting 
 52.31  from a violation of section 169A.52; within ten years of the 
 52.32  first of two or more qualified prior impaired driving incidents. 
 52.33     (d) "Designated offense" includes: 
 52.34     (1) a violation of section 169A.20 (driving while impaired) 
 52.35  under the circumstances described in section 169A.24 
 52.36  (first-degree driving while impaired) or section 169A.25 
 53.1   (second-degree driving while impaired); or 
 53.2      (2) a violation of section 169A.20 or an ordinance in 
 53.3   conformity with it: 
 53.4      (i) by a person whose driver's license or driving 
 53.5   privileges have been canceled as inimical to public safety under 
 53.6   section 171.04, subdivision 1, clause (9); or 
 53.7      (ii) by a person who is subject to a restriction on the 
 53.8   person's driver's license under section 171.09 (commissioner's 
 53.9   license restrictions), which provides that the person may not 
 53.10  use or consume any amount of alcohol or a controlled substance. 
 53.11     (e) "Motor vehicle" and "vehicle" do not include a vehicle 
 53.12  which is stolen or taken in violation of the law. 
 53.13     (f) "Owner" means the registered owner of the motor vehicle 
 53.14  according to records of the department of public safety and 
 53.15  includes a lessee of a motor vehicle if the lease agreement has 
 53.16  a term of 180 days or more. 
 53.17     (g) "Prosecuting authority" means the attorney in the 
 53.18  jurisdiction in which the designated offense occurred who is 
 53.19  responsible for prosecuting violations of a designated offense. 
 53.20     Subd. 2.  [SEIZURE.] (a) A motor vehicle subject to 
 53.21  forfeiture under this section may be seized by the appropriate 
 53.22  agency upon process issued by any court having jurisdiction over 
 53.23  the vehicle. 
 53.24     (b) Property may be seized without process if: 
 53.25     (1) the seizure is incident to a lawful arrest or a lawful 
 53.26  search; 
 53.27     (2) the vehicle subject to seizure has been the subject of 
 53.28  a prior judgment in favor of the state in a criminal injunction 
 53.29  or forfeiture proceeding under this section; or 
 53.30     (3) the appropriate agency has probable cause to believe 
 53.31  that the delay occasioned by the necessity to obtain process 
 53.32  would result in the removal or destruction of the vehicle.  If 
 53.33  property is seized without process under this clause, the 
 53.34  prosecuting authority must institute a forfeiture action under 
 53.35  this section as soon as is reasonably possible. 
 53.36     Subd. 3.  [RIGHT TO POSSESSION VESTS IMMEDIATELY; CUSTODY 
 54.1   OF SEIZED VEHICLE.] All right, title, and interest in a vehicle 
 54.2   subject to forfeiture under this section vests in the 
 54.3   appropriate agency upon commission of the conduct resulting in 
 54.4   the designated offense or designated license revocation giving 
 54.5   rise to the forfeiture.  Any vehicle seized under this section 
 54.6   is not subject to replevin, but is deemed to be in the custody 
 54.7   of the appropriate agency subject to the orders and decrees of 
 54.8   the court having jurisdiction over the forfeiture proceedings.  
 54.9   When a vehicle is seized under this section, the appropriate 
 54.10  agency may: 
 54.11     (1) place the vehicle under seal; 
 54.12     (2) remove the vehicle to a place designated by it; 
 54.13     (3) place a disabling device on the vehicle; and 
 54.14     (4) take other steps reasonable and necessary to secure the 
 54.15  vehicle and prevent waste. 
 54.16     Subd. 4.  [BOND BY OWNER FOR POSSESSION.] If the owner of a 
 54.17  vehicle that has been seized under this section seeks possession 
 54.18  of the vehicle before the forfeiture action is determined, the 
 54.19  owner may, subject to the approval of the appropriate agency, 
 54.20  give security or post bond payable to the appropriate agency in 
 54.21  an amount equal to the retail value of the seized vehicle.  On 
 54.22  posting the security or bond, the seized vehicle may be returned 
 54.23  to the owner only if a disabling device is attached to the 
 54.24  vehicle.  The forfeiture action must proceed against the 
 54.25  security as if it were the seized vehicle. 
 54.26     Subd. 5.  [EVIDENCE.] Certified copies of court records and 
 54.27  motor vehicle and driver's license records concerning qualified 
 54.28  prior impaired driving incidents are admissible as substantive 
 54.29  evidence where necessary to prove the commission of a designated 
 54.30  offense or the occurrence of a designated license revocation. 
 54.31     Subd. 6.  [MOTOR VEHICLE SUBJECT TO FORFEITURE.] A motor 
 54.32  vehicle is subject to forfeiture under this section if it was 
 54.33  used in the commission of a designated offense or was used in 
 54.34  conduct resulting in a designated license revocation. 
 54.35     Subd. 7.  [LIMITATIONS ON FORFEITURE OF MOTOR VEHICLE.] (a) 
 54.36  A vehicle is subject to forfeiture under this section only if: 
 55.1      (1) the driver is convicted of the designated offense upon 
 55.2   which the forfeiture is based; 
 55.3      (2) the driver fails to appear with respect to the 
 55.4   designated offense charge in violation of section 609.49 
 55.5   (release; failure to appear); or 
 55.6      (3) the driver's conduct results in a designated license 
 55.7   revocation and the driver either fails to seek administrative or 
 55.8   judicial review of the revocation in a timely manner as required 
 55.9   by section 169A.53 (administrative and judicial review of 
 55.10  license revocation), or the license revocation is sustained 
 55.11  under section 169A.53. 
 55.12     (b) A vehicle encumbered by a bona fide security interest, 
 55.13  or subject to a lease that has a term of 180 days or more, is 
 55.14  subject to the interest of the secured party or lessor unless 
 55.15  the party or lessor had knowledge of or consented to the act 
 55.16  upon which the forfeiture is based.  However, when the proceeds 
 55.17  of the sale of a seized vehicle do not equal or exceed the 
 55.18  outstanding loan balance, the appropriate agency shall remit all 
 55.19  proceeds of the sale to the secured party.  If the sale of the 
 55.20  vehicle is conducted in a commercially reasonable manner 
 55.21  consistent with the provisions of section 336.9-504, clause (3), 
 55.22  the agency is not liable to the secured party for any amount 
 55.23  owed on the loan in excess of the sale proceeds if the secured 
 55.24  party received notification of the time and place of the sale at 
 55.25  least three days prior to the sale. 
 55.26     (c) Notwithstanding paragraphs (b) and (d), the secured 
 55.27  party's, lessor's, or owner's interest in a vehicle is not 
 55.28  subject to forfeiture based solely on the secured party's, 
 55.29  lessor's, or owner's knowledge of the act or omission upon which 
 55.30  the forfeiture is based if the secured party, lessor, or owner 
 55.31  took reasonable steps to terminate use of the vehicle by the 
 55.32  offender. 
 55.33     (d) A motor vehicle is subject to forfeiture under this 
 55.34  section if its owner knew or should have known that the offender 
 55.35  did not have a valid license at the time the offender used the 
 55.36  vehicle and if the owner gave explicit or implicit permission to 
 56.1   the offender to use the vehicle. 
 56.2      (e) A vehicle subject to a security interest, based upon a 
 56.3   loan or other financing arranged by a financial institution, is 
 56.4   subject to the interest of the financial institution. 
 56.5      Subd. 8.  [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 
 56.6   motor vehicle used to commit a designated offense or used in 
 56.7   conduct resulting in a designated license revocation is subject 
 56.8   to administrative forfeiture under this subdivision. 
 56.9      (b) When a motor vehicle is seized under subdivision 2, the 
 56.10  appropriate agency shall serve the driver or operator of the 
 56.11  vehicle with a notice of the seizure and intent to forfeit the 
 56.12  vehicle.  Additionally, when a motor vehicle is seized under 
 56.13  subdivision 2, or within a reasonable time after that, all 
 56.14  persons known to have an ownership, possessory, or security 
 56.15  interest in the vehicle must be notified of the seizure and the 
 56.16  intent to forfeit the vehicle.  If the vehicle is required to be 
 56.17  registered under chapter 168, the notification to a person known 
 56.18  to have a security interest in the vehicle is required only if 
 56.19  the vehicle is registered under chapter 168 and the interest is 
 56.20  listed on the vehicle's title.  Notice mailed by certified mail 
 56.21  to the address shown in department of public safety records is 
 56.22  sufficient notice to the registered owner of the vehicle.  
 56.23  Otherwise, notice may be given in the manner provided by law for 
 56.24  service of a summons in a civil action. 
 56.25     (c) The notice must be in writing and contain: 
 56.26     (1) a description of the vehicle seized; 
 56.27     (2) the date of seizure; and 
 56.28     (3) notice of the right to obtain judicial review of the 
 56.29  forfeiture and of the procedure for obtaining that judicial 
 56.30  review, printed in English, Hmong, and Spanish.  Substantially 
 56.31  the following language must appear conspicuously:  "IF YOU DO 
 56.32  NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 
 56.33  STATUTES, SECTION 169A.63, SUBDIVISION 8, YOU LOSE THE RIGHT TO 
 56.34  A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 
 56.35  RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY.  YOU MAY NOT 
 56.36  HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 
 57.1   UNABLE TO AFFORD THE FEE.  IF THE PROPERTY IS WORTH $7,500 OR 
 57.2   LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT.  YOU DO NOT 
 57.3   HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS 
 57.4   WORTH LESS THAN $500." 
 57.5      (d) Within 30 days following service of a notice of seizure 
 57.6   and forfeiture under this subdivision, a claimant may file a 
 57.7   demand for a judicial determination of the forfeiture.  The 
 57.8   demand must be in the form of a civil complaint and must be 
 57.9   filed with the court administrator in the county in which the 
 57.10  seizure occurred, together with proof of service of a copy of 
 57.11  the complaint on the prosecuting authority having jurisdiction 
 57.12  over the forfeiture, and the standard filing fee for civil 
 57.13  actions unless the petitioner has the right to sue in forma 
 57.14  pauperis under section 563.01.  If the value of the seized 
 57.15  property is $7,500 or less, the claimant may file an action in 
 57.16  conciliation court for recovery of the seized vehicle.  If the 
 57.17  value of the seized property is less than $500, the claimant 
 57.18  does not have to pay the conciliation court filing fee.  No 
 57.19  responsive pleading is required of the prosecuting authority and 
 57.20  no court fees may be charged for the prosecuting authority's 
 57.21  appearance in the matter.  Except as provided in this section, 
 57.22  judicial reviews and hearings are governed by section 169A.53, 
 57.23  subdivisions 2 and 3, and shall take place at the same time as 
 57.24  any judicial review of the person's license revocation under 
 57.25  section 169A.53.  The proceedings may be combined with any 
 57.26  hearing on a petition filed under section 169A.53, subdivision 
 57.27  2, and are governed by the Rules of Civil Procedure. 
 57.28     (e) The complaint must be captioned in the name of the 
 57.29  claimant as plaintiff and the seized vehicle as defendant, and 
 57.30  must state with specificity the grounds on which the claimant 
 57.31  alleges the vehicle was improperly seized and the plaintiff's 
 57.32  interest in the vehicle seized.  Notwithstanding any law to the 
 57.33  contrary, an action for the return of a vehicle seized under 
 57.34  this section may not be maintained by or on behalf of any person 
 57.35  who has been served with a notice of seizure and forfeiture 
 57.36  unless the person has complied with this subdivision. 
 58.1      (f) If the claimant makes a timely demand for a judicial 
 58.2   determination under this subdivision, the appropriate agency 
 58.3   must conduct the forfeiture under subdivision 9. 
 58.4      (g) If a demand for judicial determination of an 
 58.5   administrative forfeiture is filed under this subdivision and 
 58.6   the court orders the return of the seized vehicle, the court 
 58.7   shall order that filing fees be reimbursed to the person who 
 58.8   filed the demand.  In addition, the court may order sanctions 
 58.9   under section 549.211 (sanctions in civil actions). 
 58.10     Subd. 9.  [JUDICIAL FORFEITURE PROCEDURE.] (a) This 
 58.11  subdivision governs judicial determinations of the forfeiture of 
 58.12  a motor vehicle used to commit a designated offense or used in 
 58.13  conduct resulting in a designated license revocation. 
 58.14     (b) A separate complaint must be filed against the vehicle, 
 58.15  describing it, specifying that it was used in the commission of 
 58.16  a designated offense or was used in conduct resulting in a 
 58.17  designated license revocation, and specifying the time and place 
 58.18  of its unlawful use.  If the forfeiture is based on the 
 58.19  commission of a designated offense and the person charged with 
 58.20  the designated offense appears in court as required and is not 
 58.21  convicted of the offense, the court shall dismiss the complaint 
 58.22  against the vehicle and order the property returned to the 
 58.23  person legally entitled to it.  If the forfeiture is based on a 
 58.24  designated license revocation, and the license revocation is 
 58.25  rescinded under section 169A.53 (administrative and judicial 
 58.26  review of license revocation), the court shall dismiss the 
 58.27  complaint against the vehicle and order the property returned to 
 58.28  the person legally entitled to it.  If the lawful ownership of 
 58.29  the vehicle used in the commission of a designated offense or 
 58.30  used in conduct resulting in a designated license revocation can 
 58.31  be determined and it is found the owner was not privy to 
 58.32  commission of a designated offense or was not privy to the 
 58.33  conduct resulting in the designated license revocation, the 
 58.34  vehicle must be returned immediately. 
 58.35     Subd. 10.  [DISPOSITION OF FORFEITED VEHICLE.] (a) If the 
 58.36  vehicle is administratively forfeited under subdivision 8, or if 
 59.1   the court finds under subdivision 9 that the vehicle is subject 
 59.2   to forfeiture under subdivisions 6 and 7, the appropriate agency 
 59.3   shall: 
 59.4      (1) sell the vehicle and distribute the proceeds under 
 59.5   paragraph (b); or 
 59.6      (2) keep the vehicle for official use.  If the agency keeps 
 59.7   a forfeited motor vehicle for official use, it shall make 
 59.8   reasonable efforts to ensure that the motor vehicle is available 
 59.9   for use by the agency's officers who participate in the drug 
 59.10  abuse resistance education program. 
 59.11     (b) The proceeds from the sale of forfeited vehicles, after 
 59.12  payment of seizure, storage, forfeiture, and sale expenses, and 
 59.13  satisfaction of valid liens against the property, must be 
 59.14  forwarded to the treasury of the political subdivision that 
 59.15  employs the appropriate agency responsible for the forfeiture 
 59.16  for use in DWI-related enforcement, training, and education.  If 
 59.17  the appropriate agency is an agency of state government, the net 
 59.18  proceeds must be forwarded to the state treasury and credited to 
 59.19  the following funds: 
 59.20     (1) if the forfeited vehicle is a motorboat, the net 
 59.21  proceeds must be credited to the water recreation account in the 
 59.22  natural resources fund; 
 59.23     (2) if the forfeited vehicle is a snowmobile, the net 
 59.24  proceeds must be credited to the snowmobile trails and 
 59.25  enforcement account in the natural resources fund; 
 59.26     (3) if the forfeited vehicle is an all-terrain vehicle, the 
 59.27  net proceeds must be credited to the all-terrain vehicle account 
 59.28  in the natural resources fund; 
 59.29     (4) if the forfeited vehicle is an off-highway motorcycle, 
 59.30  the net proceeds must be credited to the off-highway motorcycle 
 59.31  account in the natural resources fund; 
 59.32     (5) if the forfeited vehicle is an off-road vehicle, the 
 59.33  net proceeds must be credited to the off-road vehicle account in 
 59.34  the natural resources fund; and 
 59.35     (6) if otherwise, the net proceeds must be credited to the 
 59.36  general fund. [169.1217] 
 60.1                       MISCELLANEOUS PROVISIONS
 60.2      Sec. 40. [169A.70] [ALCOHOL SAFETY PROGRAMS; CHEMICAL USE 
 60.3   ASSESSMENTS.] 
 60.4      Subdivision 1.  [ALCOHOL SAFETY PROGRAMS; 
 60.5   ESTABLISHMENT.] (a) The county board of every county shall 
 60.6   establish an alcohol safety program designed to provide chemical 
 60.7   use assessments of persons convicted of an offense enumerated in 
 60.8   subdivision 2. [169.124] 
 60.9      (b) County boards may enter into an agreement to establish 
 60.10  a regional alcohol safety program.  County boards may contract 
 60.11  with other counties and agencies for alcohol problem screening 
 60.12  and chemical use assessment services. [169.125] 
 60.13     Subd. 2.  [CHEMICAL USE ASSESSMENT; REQUIREMENT; FORM.] A 
 60.14  chemical use assessment must be conducted and an assessment 
 60.15  report submitted to the court and to the department of public 
 60.16  safety by the county agency administering the alcohol safety 
 60.17  program when: 
 60.18     (1) the defendant is convicted of an offense described in 
 60.19  section 169A.20 (driving while impaired), 169A.31 
 60.20  (alcohol-related school bus and Head Start bus driving), or 
 60.21  360.0752 (impaired aircraft operation); or 
 60.22     (2) the defendant is arrested for committing an offense 
 60.23  described in clause (1) but is convicted of another offense 
 60.24  arising out of the circumstances surrounding the arrest. 
 60.25     Subd. 3.  [ASSESSMENT REPORT.] (a) The assessment report 
 60.26  must be on a form prescribed by the commissioner and shall 
 60.27  contain an evaluation of the convicted defendant concerning the 
 60.28  defendant's prior traffic record, characteristics and history of 
 60.29  alcohol and chemical use problems, and amenability to 
 60.30  rehabilitation through the alcohol safety program.  The report 
 60.31  is classified as private data on individuals as defined in 
 60.32  section 13.02, subdivision 12. 
 60.33     (b) The assessment report must include: 
 60.34     (1) a recommended level of care for the offender in 
 60.35  accordance with the criteria contained in rules adopted by the 
 60.36  commissioner of human services under section 254A.03, 
 61.1   subdivision 3 (chemical dependency treatment rules); 
 61.2      (2) recommendations for other appropriate remedial action 
 61.3   or care that may consist of educational programs, one-on-one 
 61.4   counseling, a program or type of treatment that addresses mental 
 61.5   health concerns, or a combination of them; or 
 61.6      (3) a specific explanation why no level of care or action 
 61.7   was recommended. 
 61.8      Subd. 4.  [ASSESSOR STANDARDS; RULES; ASSESSMENT TIME 
 61.9   LIMITS.] A chemical use assessment required by this section must 
 61.10  be conducted by an assessor appointed by the court.  The 
 61.11  assessor must meet the training and qualification requirements 
 61.12  of rules adopted by the commissioner of human services under 
 61.13  section 254A.03, subdivision 3 (chemical dependency treatment 
 61.14  rules).  Notwithstanding section 13.82 (law enforcement data), 
 61.15  the assessor shall have access to any police reports, laboratory 
 61.16  test results, and other law enforcement data relating to the 
 61.17  current offense or previous offenses that are necessary to 
 61.18  complete the evaluation.  An assessor providing an assessment 
 61.19  under this section may not have any direct or shared financial 
 61.20  interest or referral relationship resulting in shared financial 
 61.21  gain with a treatment provider.  If an independent assessor is 
 61.22  not available, the court may use the services of an assessor 
 61.23  authorized to perform assessments for the county social services 
 61.24  agency under a variance granted under rules adopted by the 
 61.25  commissioner of human services under section 254A.03, 
 61.26  subdivision 3.  An appointment for the defendant to undergo the 
 61.27  assessment must be made by the court, a court services probation 
 61.28  officer, or the court administrator as soon as possible but in 
 61.29  no case more than one week after the defendant's court 
 61.30  appearance.  The assessment must be completed no later than 
 61.31  three weeks after the defendant's court appearance.  If the 
 61.32  assessment is not performed within this time limit, the county 
 61.33  where the defendant is to be sentenced shall perform the 
 61.34  assessment.  The county of financial responsibility must be 
 61.35  determined under chapter 256G. 
 61.36     Subd. 5.  [APPLICABILITY TO NONRESIDENT.] This section does 
 62.1   not apply to a person who is not a resident of the state of 
 62.2   Minnesota at the time of the offense and at the time of the 
 62.3   assessment. [169.126] 
 62.4      Sec. 41.  [169A.71] [RESEARCH PROGRAMS.] 
 62.5      No person is guilty of a violation of section 169A.20 
 62.6   (driving while impaired) committed while participating in a 
 62.7   research or demonstration project conducted by the Minnesota 
 62.8   highway safety center.  This section applies only to conduct 
 62.9   occurring while operating a state-owned vehicle under the 
 62.10  supervision of personnel of the center on the grounds of the 
 62.11  center. [169.121, subd. 10] 
 62.12     Sec. 42.  [169A.72] [DRIVER EDUCATION PROGRAMS.] 
 62.13     Driver training courses offered through the public schools 
 62.14  and driver training courses offered by private or commercial 
 62.15  schools or institutes shall include instruction which must 
 62.16  encompass at least: 
 62.17     (1) information on the effects of consumption of beverage 
 62.18  alcohol products and the use of illegal drugs, prescription 
 62.19  drugs, and nonprescription drugs on the ability of a person to 
 62.20  operate a motor vehicle; 
 62.21     (2) the hazards of driving while under the influence of 
 62.22  alcohol or drugs; and 
 62.23     (3) the legal penalties and financial consequences 
 62.24  resulting from violations of laws prohibiting the operation of a 
 62.25  motor vehicle while under the influence of alcohol or drugs. 
 62.26  [169.121, subd. 12] 
 62.27     Sec. 43.  [169A.73] [REMOTE ELECTRONIC ALCOHOL MONITORING 
 62.28  PROGRAM.] 
 62.29     Subdivision 1.  [DEFINITIONS.] As used in this section: 
 62.30     (1) "breath analyzer unit" means a device that performs 
 62.31  breath alcohol testing and is connected to a remote electronic 
 62.32  alcohol monitoring system; and 
 62.33     (2) "remote electronic alcohol monitoring system" means a 
 62.34  system that electronically monitors the alcohol concentration of 
 62.35  individuals in their homes or other locations to ensure 
 62.36  compliance with conditions of pretrial release, supervised 
 63.1   release, or probation. 
 63.2      Subd. 2.  [PROGRAM ESTABLISHED.] In cooperation with the 
 63.3   conference of chief judges, the state court administrator, and 
 63.4   the commissioner of public safety, the commissioner of 
 63.5   corrections shall establish a program to use breath analyzer 
 63.6   units to monitor impaired driving offenders who are ordered to 
 63.7   abstain from alcohol use as a condition of pretrial release, 
 63.8   supervised release, or probation.  The program must include 
 63.9   procedures to ensure that violators of this condition of release 
 63.10  receive swift consequences for the violation. 
 63.11     Subd. 3.  [COST OF PROGRAM.] Offenders who are ordered to 
 63.12  participate in the program shall also be ordered to pay the per 
 63.13  diem cost of the monitoring unless the offender is indigent.  
 63.14  The commissioner of corrections shall reimburse the judicial 
 63.15  districts in a manner proportional to their use of remote 
 63.16  electronic alcohol monitoring for any costs the districts incur 
 63.17  in participating in the program. 
 63.18     Subd. 4.  [REPORT REQUIRED.] By January 1, 2004, the 
 63.19  commissioner of corrections shall evaluate the effectiveness of 
 63.20  the program and report the results of this evaluation to the 
 63.21  conference of chief judges, the state court administrator, the 
 63.22  commissioner of public safety, and the chairs and ranking 
 63.23  minority members of the house and senate committees and 
 63.24  divisions having jurisdiction over criminal justice policy and 
 63.25  funding. [169.1219] 
 63.26     Sec. 44.  [169A.74] [PILOT PROGRAMS OF INTENSIVE PROBATION 
 63.27  FOR REPEAT IMPAIRED DRIVING OFFENDERS.] 
 63.28     Subdivision 1.  [GRANT APPLICATION.] The commissioners of 
 63.29  corrections and public safety, in cooperation with the 
 63.30  commissioner of human services, shall jointly administer a 
 63.31  program to provide grants to counties to establish and operate 
 63.32  programs of intensive probation for repeat violators of the 
 63.33  driving while impaired laws.  The commissioners shall adopt an 
 63.34  application form on which a county or a group of counties may 
 63.35  apply for a grant to establish and operate an impaired driving 
 63.36  repeat offender program. 
 64.1      Subd. 2.  [GOALS.] The goals of the impaired driving repeat 
 64.2   offender program are to protect public safety and provide an 
 64.3   appropriate sentencing alternative for persons convicted of 
 64.4   repeat violations of section 169A.20 (driving while impaired), 
 64.5   who are considered to be of high risk to the community. 
 64.6      Subd. 3.  [PROGRAM ELEMENTS.] To be considered for a grant 
 64.7   under this section, a county program must contain the following 
 64.8   elements: 
 64.9      (1) an initial assessment of the offender's chemical 
 64.10  dependency, based on the results of a chemical use assessment 
 64.11  conducted under section 169A.70, with recommended treatment and 
 64.12  aftercare, and a requirement that the offender follow the 
 64.13  recommended treatment and aftercare; 
 64.14     (2) several stages of probation supervision, including: 
 64.15     (i) a period of incarceration in a local or regional 
 64.16  detention facility; 
 64.17     (ii) a period during which an offender is, at all times, 
 64.18  either working, on home detention, being supervised at a program 
 64.19  facility, or traveling between two of these locations; 
 64.20     (iii) a period of home detention; and 
 64.21     (iv) a period of gradually decreasing involvement with the 
 64.22  program; 
 64.23     (3) decreasing levels of intensity and contact with 
 64.24  probation officials based on the offender's successful 
 64.25  participation in the program and compliance with its rules; 
 64.26     (4) a provision for increasing the severity of the 
 64.27  program's requirements when an offender offends again or 
 64.28  violates the program's rules; 
 64.29     (5) a provision for offenders to continue or seek 
 64.30  employment during their period of intensive probation; 
 64.31     (6) a requirement that offenders abstain from alcohol and 
 64.32  controlled substances during the probation period and be tested 
 64.33  for such use on a routine basis; and 
 64.34     (7) a requirement that all or a substantial part of the 
 64.35  costs of the program be paid by the offenders. 
 64.36     Subd. 4.  [TRAINING.] Counties participating in the program 
 65.1   shall provide relevant training in intensive probation programs 
 65.2   to affected officials. [169.1265] 
 65.3      Sec. 45.  [169A.75] [IMPAIRED DRIVING-RELATED RULES.] 
 65.4      The commissioner may promulgate rules to carry out the 
 65.5   provisions of this chapter.  The rules may include forms for 
 65.6   notice of intention to revoke that describe clearly the right to 
 65.7   a hearing, the procedure for requesting a hearing, and the 
 65.8   consequences of failure to request a hearing; forms for 
 65.9   revocation and notice of reinstatement of driving privileges as 
 65.10  provided in section 169A.55; and forms for temporary licenses. 
 65.11     Rules promulgated pursuant to this section are subject to 
 65.12  sections 14.01 to 14.20 and 14.365 to 14.69 (Administrative 
 65.13  Procedure Act). [169.128] 
 65.14     Sec. 46.  [169A.76] [CIVIL ACTION; PUNITIVE DAMAGES.] 
 65.15     In a civil action involving a motor vehicle accident, it is 
 65.16  sufficient for the trier of fact to consider an award of 
 65.17  punitive damages if there is evidence that the accident was 
 65.18  caused by a driver: 
 65.19     (1) with an alcohol concentration of 0.10 or more; 
 65.20     (2) who was under the influence of a controlled substance; 
 65.21     (3) who was under the influence of alcohol and refused to 
 65.22  take a test required under section 169A.51 (chemical tests for 
 65.23  intoxication); or 
 65.24     (4) who was knowingly under the influence of a hazardous 
 65.25  substance that substantially affects the person's nervous 
 65.26  system, brain, or muscles so as to impair the person's ability 
 65.27  to drive or operate a motor vehicle. 
 65.28     A criminal charge or conviction is not a prerequisite to 
 65.29  consideration of punitive damages under this section.  At the 
 65.30  trial in an action where the trier of fact will consider an 
 65.31  award of punitive damages, evidence that the driver has been 
 65.32  convicted of violating section 169A.20 (driving while impaired) 
 65.33  or 609.21 (criminal vehicular homicide and injury) is admissible 
 65.34  into evidence. [169.121, subd. 10a] 
 65.35                             ARTICLE 2 
 65.36                       CONFORMING AMENDMENTS; 
 66.1                        IMPLEMENTATION OF ACT 
 66.2      Section 1.  Minnesota Statutes 1999 Supplement, section 
 66.3   260B.171, subdivision 7, is amended to read: 
 66.4      Subd. 7.  [COURT RECORD RELEASED TO PROSECUTOR.] If a 
 66.5   prosecutor has probable cause to believe that a person has 
 66.6   committed a gross misdemeanor violation of section 169.121 or 
 66.7   has violated section 169.129 169A.20, and that a prior juvenile 
 66.8   court adjudication forms, in part, the basis for the current 
 66.9   violation, the prosecutor may file an application with the court 
 66.10  having jurisdiction over the criminal matter attesting to this 
 66.11  probable cause determination and seeking the relevant juvenile 
 66.12  court records.  The court shall transfer the application to the 
 66.13  juvenile court where the requested records are maintained, and 
 66.14  the juvenile court shall release to the prosecutor any records 
 66.15  relating to the person's prior juvenile traffic adjudication, 
 66.16  including a transcript, if any, of the court's advisory of the 
 66.17  right to counsel and the person's exercise or waiver of that 
 66.18  right.  
 66.19     Sec. 2.  Minnesota Statutes 1999 Supplement, section 
 66.20  260B.225, subdivision 4, is amended to read: 
 66.21     Subd. 4.  [ORIGINAL JURISDICTION; JUVENILE COURT.] The 
 66.22  juvenile court shall have has original jurisdiction over: 
 66.23     (1) all juveniles age 15 and under alleged to have 
 66.24  committed any traffic offense; and 
 66.25     (2) 16- and 17-year-olds alleged to have committed any 
 66.26  major traffic offense, except that the adult court has original 
 66.27  jurisdiction over: 
 66.28     (i) petty traffic misdemeanors not a part of the same 
 66.29  behavioral incident of a misdemeanor being handled in juvenile 
 66.30  court; and 
 66.31     (ii) violations of sections 169.121 (drivers under the 
 66.32  influence of alcohol or controlled substance) and 169.129 
 66.33  (aggravated driving while intoxicated) section 169A.20 (driving 
 66.34  while impaired), and any other misdemeanor or gross misdemeanor 
 66.35  level traffic violations committed as part of the same 
 66.36  behavioral incident as a violation of section 169.121 or 169.129 
 67.1   169A.20.  
 67.2      Sec. 3.  Minnesota Statutes 1999 Supplement, section 
 67.3   609.035, subdivision 2, is amended to read: 
 67.4      Subd. 2.  (a) When a person is being sentenced for a 
 67.5   violation of a provision listed in paragraph (f) (e), the court 
 67.6   may sentence the person to a consecutive term of imprisonment 
 67.7   for a violation of any other provision listed in 
 67.8   paragraph (f) (e), notwithstanding the fact that the offenses 
 67.9   arose out of the same course of conduct, subject to the 
 67.10  limitation on consecutive sentences contained in section 609.15, 
 67.11  subdivision 2, and except as provided in paragraphs (b), 
 67.12  (c), (d), and (g) (f) of this subdivision. 
 67.13     (b) When a person is being sentenced for a violation of 
 67.14  section 169.129 the court may not impose a consecutive sentence 
 67.15  for a violation of a provision of section 169.121, subdivision 
 67.16  1, or for a violation of a provision of section 171.20, 171.24, 
 67.17  or 171.30. 
 67.18     (c) When a person is being sentenced for a violation of 
 67.19  section 171.20, 171.24, or 171.30, the court may not impose a 
 67.20  consecutive sentence for another violation of a provision in 
 67.21  chapter 171. 
 67.22     (d) (c) When a person is being sentenced for a violation of 
 67.23  section 169.791 or 169.797, the court may not impose a 
 67.24  consecutive sentence for another violation of a provision of 
 67.25  sections 169.79 to 169.7995. 
 67.26     (e) (d) This subdivision does not limit the authority of 
 67.27  the court to impose consecutive sentences for crimes arising on 
 67.28  different dates or to impose a consecutive sentence when a 
 67.29  person is being sentenced for a crime and is also in violation 
 67.30  of the conditions of a stayed or otherwise deferred sentence 
 67.31  under section 609.135. 
 67.32     (f) (e) This subdivision applies to misdemeanor and gross 
 67.33  misdemeanor violations of the following if the offender has two 
 67.34  or more prior impaired driving convictions as defined in section 
 67.35  169.121, subdivision 3 169A.03 within the past ten years: 
 67.36     (1) section 169.121, subdivision 1, driving while 
 68.1   intoxicated 169A.20, driving while impaired; 
 68.2      (2) section 169.121, subdivision 1a, testing refusal; 
 68.3      (3) section 169.129, aggravated driving while intoxicated; 
 68.4      (4) section 169.791, failure to provide proof of insurance; 
 68.5      (5) (3) section 169.797, failure to provide vehicle 
 68.6   insurance; 
 68.7      (6) (4) section 171.20, subdivision 2, operation after 
 68.8   revocation, suspension, cancellation, or disqualification; 
 68.9      (7) (5) section 171.24, driving without valid license; and 
 68.10     (8) (6) section 171.30, violation of condition of limited 
 68.11  license. 
 68.12     (g) (f) When a court is sentencing an offender for a 
 68.13  violation of section 169.121 or 169.129 169A.20 and a violation 
 68.14  of an offense listed in paragraph (f) (e), and the offender has 
 68.15  five or more qualified prior impaired driving convictions, five 
 68.16  or more prior license revocations, or a combination of the two 
 68.17  based on separate instances, incidents, as defined in section 
 68.18  169A.03, within the person's lifetime past ten years, the court 
 68.19  shall sentence the offender to serve consecutive sentences for 
 68.20  the offenses, notwithstanding the fact that the offenses arose 
 68.21  out of the same course of conduct. 
 68.22     Sec. 4.  Minnesota Statutes 1998, section 609.135, is 
 68.23  amended by adding a subdivision to read: 
 68.24     Subd. 1d.  [FELONY-LEVEL DWI OFFENDER; ALCOHOL OR DRUG 
 68.25  USE.] If a defendant convicted of a violation of section 169A.24 
 68.26  is required, as a condition of a stayed sentence, to refrain 
 68.27  from the use of alcohol or drugs, the probation agent 
 68.28  supervising the defendant must immediately report to the court 
 68.29  any information or indication that the defendant has violated 
 68.30  this condition.  As soon as practicable after receiving the 
 68.31  probation agent's report, the court shall hold a hearing under 
 68.32  section 609.14 to determine whether the defendant used alcohol 
 68.33  or drugs in violation of the condition of the stayed sentence.  
 68.34  If the court finds that the defendant violated this condition, 
 68.35  the court may continue the stay only on the additional condition 
 68.36  that the defendant serve 365 consecutive days of incarceration 
 69.1   in a local correctional facility.  The court must impose this 
 69.2   additional condition unless the court makes written findings 
 69.3   regarding the mitigating factors justifying nonimposition of the 
 69.4   condition. [new] 
 69.5      Sec. 5.  Minnesota Statutes 1999 Supplement, section 
 69.6   609.135, subdivision 2, is amended to read: 
 69.7      Subd. 2.  [STAY OF SENTENCE MAXIMUM PERIODS.] (a) Except as 
 69.8   otherwise provided in this paragraph, if the conviction is for a 
 69.9   felony the stay shall be for not more than four years or the 
 69.10  maximum period for which the sentence of imprisonment might have 
 69.11  been imposed, whichever is longer.  If the conviction is for a 
 69.12  felony violation of section 169A.20, the stay shall be for not 
 69.13  more than ten years. 
 69.14     (b) If the conviction is for a gross misdemeanor violation 
 69.15  of section 169.121 or 169.129 169A.20, the stay shall be for not 
 69.16  more than six years.  The court shall provide for unsupervised 
 69.17  probation for the last year of the stay unless the court finds 
 69.18  that the defendant needs supervised probation for all or part of 
 69.19  the last year. 
 69.20     (c) If the conviction is for a gross misdemeanor not 
 69.21  specified in paragraph (b), the stay shall be for not more than 
 69.22  two years. 
 69.23     (d) If the conviction is for any misdemeanor under section 
 69.24  169.121 169A.20; 609.746, subdivision 1; 609.79; or 617.23; or 
 69.25  for a misdemeanor under section 609.2242 or 609.224, subdivision 
 69.26  1, in which the victim of the crime was a family or household 
 69.27  member as defined in section 518B.01, the stay shall be for not 
 69.28  more than two years.  The court shall provide for unsupervised 
 69.29  probation for the second year of the stay unless the court finds 
 69.30  that the defendant needs supervised probation for all or part of 
 69.31  the second year. 
 69.32     (e) If the conviction is for a misdemeanor not specified in 
 69.33  paragraph (d), the stay shall be for not more than one year.  
 69.34     (f) The defendant shall be discharged six months after the 
 69.35  term of the stay expires, unless the stay has been revoked or 
 69.36  extended under paragraph (g), or the defendant has already been 
 70.1   discharged. 
 70.2      (g) Notwithstanding the maximum periods specified for stays 
 70.3   of sentences under paragraphs (a) to (f), a court may extend a 
 70.4   defendant's term of probation for up to one year if it finds, at 
 70.5   a hearing conducted under subdivision 1a, that: 
 70.6      (1) the defendant has not paid court-ordered restitution or 
 70.7   a fine in accordance with the payment schedule or structure; and 
 70.8      (2) the defendant is likely to not pay the restitution or 
 70.9   fine the defendant owes before the term of probation expires.  
 70.10  This one-year extension of probation for failure to pay 
 70.11  restitution or a fine may be extended by the court for up to one 
 70.12  additional year if the court finds, at another hearing conducted 
 70.13  under subdivision 1a, that the defendant still has not paid the 
 70.14  court-ordered restitution or fine that the defendant owes. 
 70.15     (h) Notwithstanding the maximum periods specified for stays 
 70.16  of sentences under paragraphs (a) to (f), a court may extend a 
 70.17  defendant's term of probation for up to three years if it finds, 
 70.18  at a hearing conducted under subdivision 1c, that: 
 70.19     (1) the defendant has failed to complete court-ordered 
 70.20  treatment successfully; and 
 70.21     (2) the defendant is likely not to complete court-ordered 
 70.22  treatment before the term of probation expires. 
 70.23     Sec. 6.  Minnesota Statutes 1998, section 629.471, is 
 70.24  amended to read: 
 70.25     629.471 [MAXIMUM BAIL ON MISDEMEANORS; GROSS MISDEMEANORS.] 
 70.26     Subdivision 1.  [DOUBLE THE FINE.] Except as provided in 
 70.27  subdivision 2 or 3, the maximum cash bail that may be required 
 70.28  for a person charged with a misdemeanor or gross misdemeanor 
 70.29  offense is double the highest cash fine that may be imposed for 
 70.30  that offense. 
 70.31     Subd. 2.  [QUADRUPLE THE FINE.] (a) For offenses under 
 70.32  sections 169.09, 169.121, 169.129, 169A.20, 171.24, paragraph 
 70.33  (c), 609.2231, subdivision 2, 609.487, and 609.525, the maximum 
 70.34  cash bail that may be required for a person charged with a 
 70.35  misdemeanor or gross misdemeanor violation is quadruple the 
 70.36  highest cash fine that may be imposed for the offense.  
 71.1      (b) Unless the court imposes the conditions of release 
 71.2   specified in section 169.121, subdivision 1c, 169A.44, the court 
 71.3   must impose maximum bail when releasing a person from detention 
 71.4   who has been charged with violating section 169.121, subdivision 
 71.5   1, 169A.20 if the person has three or more prior impaired 
 71.6   driving convictions within the previous ten years or four or 
 71.7   more prior impaired driving convictions in the person's 
 71.8   lifetime.  As used in this subdivision, "prior impaired driving 
 71.9   conviction" has the meaning given in section 169.121, 
 71.10  subdivision 3 169A.03. 
 71.11     Subd. 3.  [SIX TIMES THE FINE.] For offenses under sections 
 71.12  518B.01, 609.224, and 609.2242, the maximum cash bail that may 
 71.13  be required for a person charged with a misdemeanor or gross 
 71.14  misdemeanor violation is six times the highest cash fine that 
 71.15  may be imposed for the offense. 
 71.16     Sec. 7. [SENTENCING GUIDELINES RANKING OF DWI FELONY.] 
 71.17     The sentencing guidelines commission is requested to leave 
 71.18  violations of Minnesota Statutes, section 169A.24 unranked under 
 71.19  sentencing guideline II.A.03.  The commission also is requested 
 71.20  to provide that each violation of Minnesota Statutes, section 
 71.21  169A.24 constitutes one criminal history point. 
 71.22     Sec. 8.  [PLAN FOR PLACEMENT OF DWI OFFENDERS SENTENCED TO 
 71.23  PRISON.] 
 71.24     The commissioner of corrections, in consultation with the 
 71.25  commissioner of human services, shall develop a plan for the 
 71.26  placement and management of felony-level DWI offenders who are 
 71.27  committed to the commissioner's custody.  The plan shall 
 71.28  identify the facilities in which these offenders will be 
 71.29  confined and shall consider state-owned or state-operated 
 71.30  residential facilities and private facilities that currently are 
 71.31  not part of the state correctional system.  The commissioner 
 71.32  shall submit the plan to the chairs and ranking minority members 
 71.33  of the house and senate committees with jurisdiction over 
 71.34  criminal justice policy and funding by November 1, 2000. 
 71.35     Sec. 9.  [STUDY OF COMMUNITY CORRECTIONS IMPACTS OF FELONY 
 71.36  DWI.] 
 72.1      The commissioner of corrections shall study and report to 
 72.2   the legislature on the likely community corrections impacts of 
 72.3   the felony penalty created by this act.  In conducting the 
 72.4   study, the commissioner shall obtain relevant information from 
 72.5   counties within each of the three probation services delivery 
 72.6   systems in order to answer the following questions: 
 72.7      (1) How many felony-level DWI offenders will be on 
 72.8   probation each year? 
 72.9      (2) What conditions of probation will these offenders be 
 72.10  required to observe? 
 72.11     (3) How many offenders are expected to successfully 
 72.12  complete probation and how many are expected to violate 
 72.13  probation and serve their stayed prison sentence? 
 72.14     As part of the study, the commissioner must also examine 
 72.15  and report on private services to satisfy the mandatory 
 72.16  incarceration sentences and the chemical dependency requirements.
 72.17     The commissioner shall submit the report to the chairs and 
 72.18  ranking minority members of the house and senate committees with 
 72.19  jurisdiction over criminal justice policy and funding by 
 72.20  November 1, 2000. 
 72.21     Sec. 10.  [INSTRUCTION TO REVISOR.] 
 72.22     (a) In each section of Minnesota Statutes referred to in 
 72.23  column A, the revisor of statutes shall delete the reference in 
 72.24  column B and insert the reference in column C. 
 72.25  Column A           Column B                    Column C
 72.26  3.736, subd. 3     169.121, subd. 9            169A.48
 72.27  13.99, subd. 54a   169.126, subd. 2            169A.70
 72.28  65B.133, subd. 5   169.123                     169A.52
 72.29  65B.15, subd. 1    169.121, subd. 1,           169A.20
 72.30                      para. (a) 
 72.31  84.795, subd. 2    chapter 169                 chapters 169 and
 72.32                                                  169A
 72.33  84.795, subd. 5    169.121                     169A.20
 72.34  84.795, subd. 5    169.123                     169A.50 to 169A.53
 72.35  84.804, subd. 2    169.121 to 169.129          chapter 169A
 72.36  84.83, subd. 2     169.1217                    169A.63
 73.1   84.83, subd. 5     169.121                     169A.20
 73.2   84.83, subd. 5     169.01, subd. 86            169A.03, subd. 16
 73.3   84.87, subd. 1     chapter 169                 chapters 169 and
 73.4                                                   169A
 73.5   84.91, subd. 1     169.121 to 169.1218         chapter 169A
 73.6                       and 169.123 to
 73.7                       169.129
 73.8   84.91, subd. 1     169.123                     169A.50 to 169A.53
 73.9   84.91, subd. 1     169.121, subd. 3            169A.03
 73.10  84.91, subd. 1     169.123                     169A.53
 73.11  84.911, subd. 7    169.01, subd. 86            169A.03, subd. 16
 73.12  84.927, subd. 1    169.1217                    169A.63
 73.13  84.928, subd. 1a   chapter 169                 chapters 169 and
 73.14                                                  169A
 73.15  86B.305, subd. 1   169.121                     169A.20
 73.16  86B.305, subd. 2   169.121                     169A.20
 73.17  86B.331, subd. 1   169.121 to 169.1218         chapter 169A
 73.18                      and 169.123 to
 73.19                      169.129   
 73.20  86B.331, subd. 1   chapter 169                 chapter 169A
 73.21  86B.331, subd. 1   169.121                     169A.20
 73.22  86B.331, subd. 1   169.123                     169A.50 to 169A.53
 73.23  86B.331, subd. 1   169.121, subd. 3            169A.03
 73.24  86B.331, subd. 1   169.123                     169A.53
 73.25  86B.705, subd. 2   169.121                     169A.20
 73.26  86B.811, subd. 2   169.121                     169A.20
 73.27  89.71, subd. 4     chapter 169                 chapters 169 and
 73.28                                                  169A
 73.29  97A.065, subd. 2   169.121                     169A.20
 73.30  97A.065, subd. 2   169.01, subd. 86            169A.03, subd. 16
 73.31  97B.065, subd. 4   169.121, subd. 2            169A.45
 73.32  97B.066, subd. 5   169.123, subds. 2b,         169A.51
 73.33                      2c, and 3
 73.34  168.041, subd. 3   168.042                     169A.60
 73.35  168.041, subd. 8   168.042                     169A.60
 73.36  168.0422           168.042                     169A.60
 74.1   169.01, subd. 75   169.1211, 169.1215,         chapter 169A
 74.2                       and 169.123, subds. 2
 74.3                       and 4
 74.4   169.03, subd. 6    169.121 to 169.129          chapter 169A
 74.5   169.965, subd. 5   chapter 169                 chapters 169 and
 74.6                                                   169A
 74.7   171.04, subd. 1    169.121, 169.1218,          169A.20, 169A.33,
 74.8                      169.122, or 169.123          169A.35, or 
 74.9                                                   169A.50 to 
 74.10                                                  169A.53
 74.11  171.05, subd. 2b   169.121, 169.1218,          169A.20, 169A.33, 
 74.12                      169.122, or 169.123         169A.35, or
 74.13                                                  169A.50
 74.14                                                  to 169A.53
 74.15  171.055, subd. 1   169.121, 169.1218,          169A.20, 169A.33,
 74.16                      169.122, or 169.123         169A.35, or
 74.17                                                  169A.50 to
 74.18                                                  169A.53
 74.19  171.055, subd. 2   169.121, 169.1218,          169A.20, 169A.33,
 74.20                      169.122, or 169.123         169A.35, or
 74.21                                                  169A.50 to
 74.22                                                  169A.53
 74.23  171.06, subd. 2    169.121, 169.1218,          169A.20, 169A.33,
 74.24                      169.122, or 169.123         169A.35, or 
 74.25                                                  169A.50 to
 74.26                                                  169A.53
 74.27  171.12, subd. 2a   169.121, 169.1218           169A.20, 169A.33,
 74.28                      169.122, or 169.123         169A.35, or
 74.29                                                  169A.50
 74.30                                                  to 169A.53
 74.31  171.12, subd. 3    169.121, subd. 3            169A.03, subds. 20
 74.32                                                  and 21
 74.33  171.12, subd. 3    169.1211                    169A.31
 74.34  171.16, subd. 5    169.121                     169A.20
 74.35  171.165, subd. 1   169.121                     169A.20
 74.36  171.165, subd. 1   169.1211                    169A.31
 75.1   171.165, subd. 2   169.123                     169A.52
 75.2   171.166, subd. 1   169.121, 169.1211, or       169A.20, 169A.31,
 75.3                       169.123                     160A.50 to   
 75.4                                                   169A.53
 75.5   171.17, subd. 1    169.121                     169A.20
 75.6   171.18, subd. 1    169.1218, para. (a)         169A.33
 75.7   171.19             169.123                     169A.52
 75.8   171.29, subd. 1    169.123                     169A.52
 75.9   171.29, subd. 2    169.121 or 169.123          169A.52 or
 75.10                                                  169A.54
 75.11  171.29, subd. 3    169.121 or 169.123          169A.52 or
 75.12                                                  160A.54
 75.13  171.29, subd. 3    168.042                     169A.60
 75.14  171.30, subd. 1    169.121                     169A.52
 75.15  171.30, subd. 1    169.123                     169A.54
 75.16  171.30, subd. 2a   169.121                     169A.20
 75.17  171.30, subd. 2a   169.123                     169A.50 to
 75.18                                                  169A.53
 75.19  171.30, subd. 2c   169.121 or 169.123         169A.20 or
 75.20                                                 169A.50
 75.21                                                 to 169A.53
 75.22  171.30, subd. 3    169.121 or 169.123         169A.20 or
 75.23                                                 169A.50 to
 75.24                                                 169A.53
 75.25  171.3215, subd. 1  169.121, 169.129           169A.20
 75.26  171.3215, subd. 2  169.121                    169A.20
 75.27  171.3215, subd. 2  169.123                    169A.52
 75.28  171.3215, subd. 2  169.121, 169.123,          169A.20 or
 75.29                      169.129                    169A.50 to
 75.30                                                 169A.53
 75.31  171.3215, subd. 3  169.121, 169.129           169A.20
 75.32  171.3215, subd. 3  169.123                    169A.52
 75.33  260B.171, subd. 5  169.121 or 169.129         169A.20
 75.34  260B.225, subd. 1  169.121, 169.129           169A.20
 75.35  260B.225, subd. 9  169.121                    169A.20
 75.36  260B.225, subd. 9  169.126                    169A.70
 76.1   260B.225, subd. 9  169.126, subd. 4c          169A.284
 76.2   268.095, subd. 4   169.121, 169.1211,         169A.20, 169A.31,
 76.3                       or 169.123                 or 169.50A to
 76.4                                                  169A.53
 76.5   299C.10, subd. 1   169.121 (driving while     169A.20 (driving 
 76.6                       intoxicated)               while impaired)
 76.7   299F.831, subd. 1  169.121, subd. 1           169A.20
 76.8   357.021, subd. 1a  169.1217                   169A.63
 76.9   364.09             chapter 169                chapter 169
 76.10                                                 or 169A
 76.11  387.213            chapter 169                chapter 169A
 76.12  466.03, subd. 6a   169.121, subd. 9           169A.48
 76.13  466.03, subd. 14   169.121, subd. 9           169A.48
 76.14  604A.30, subd. 3   169.121 to 169.123,        chapter 169A
 76.15                      169.129
 76.16  609.131, subd. 2   169.121                    169A.20
 76.17  609.135, subd. 1   169.121                    169A.20
 76.18  609.487, subd. 2a  169.01, subd. 86           169A.03, subd. 16
 76.19  609.487, subd. 2a  169.01, subd. 87           169A.03, subd. 13
 76.20  611A.52, subd. 6   169.121                    169A.20
 76.21  631.40, subd. 1a   169.121 or 169.129         169A.20
 76.22  634.15, subd. 1    169.123                    169A.53
 76.23  634.15, subd. 1    169.123, subd. 3           169A.51, subd. 7
 76.24  634.15, subd. 2    169.123                    169A.53
 76.25  634.16             169.01, subd. 68           169A.03, subd. 11
 76.26  634.30             169.123                    169A.53
 76.27     (b) The revisor shall publish the statutory derivations of 
 76.28  the laws that are repealed and recodified in this act in Laws of 
 76.29  Minnesota. 
 76.30     (c) The revisor shall correct cross-references in Minnesota 
 76.31  Statutes and Minnesota Rules to sections that are repealed and 
 76.32  recodified by this act, as necessary, and if Minnesota Statutes, 
 76.33  chapter 169, is further amended in the 2000 legislative session, 
 76.34  shall codify the amendments in a manner consistent with this act.
 76.35     Sec. 11.  [REPEALER.] 
 76.36     Minnesota Statutes 1998, sections 168.042; 169.01, 
 77.1   subdivisions 61, 68, 82, 83, 86, 87, 88, and 89; 169.121, 
 77.2   subdivisions 1, 1a, 1b, 1d, 2, 3b, 3c, 5, 5a, 5b, 6, 7, 8, 9, 
 77.3   10, 10a, 11, and 12; 169.1211; 169.1215; 169.1216; 169.1217, 
 77.4   subdivisions 2, 3, 4, 5, 6, and 8; 169.1218; 169.1219; 169.122, 
 77.5   subdivisions 1, 2, 3, and 4; 169.123, subdivisions 2, 2a, 2b, 
 77.6   2c, 3, 4, 5, 5a, 5b, 6, 7, 8, and 10; 169.124; 169.125; 169.126; 
 77.7   169.1261; 169.1265; 169.128; and 169.129, subdivision 3; and 
 77.8   Minnesota Statutes 1999 Supplement, sections 169.121, 
 77.9   subdivisions 1c, 3, 3f, 3d, and 4; 169.1217, subdivisions 1, 7, 
 77.10  7a, and 9; 169.122, subdivision 5; 169.123, subdivisions 1 and 
 77.11  5c; and 169.129, subdivision 1, are repealed. 
 77.12     Sec. 12.  [EFFECTIVE DATES.] 
 77.13     Subdivision 1. [FELONY DRIVING WHILE IMPAIRED 
 77.14  PROVISIONS.] (a) Except as otherwise provided in this 
 77.15  subdivision, the provisions of this act that pertain to 
 77.16  felony-level driving while impaired offenses are effective July 
 77.17  1, 2001, and apply to offenses committed on or after that date.  
 77.18  However, violations occurring before July 1, 2001, which are 
 77.19  listed in Minnesota Statutes, section 169A.03, subdivision 20, 
 77.20  are considered prior impaired driving convictions for purposes 
 77.21  of these provisions. 
 77.22     (b) Article 2, sections 8 and 9 are effective August 1, 
 77.23  2000. 
 77.24     Subd. 2.  [OTHER PROVISIONS.] The provisions of this act 
 77.25  that do not pertain to felony-level driving while impaired 
 77.26  offenses are effective January 1, 2001, and apply to offenses 
 77.27  committed on or after that date.  However, violations occurring 
 77.28  before January 1, 2001, which are listed in Minnesota Statutes, 
 77.29  section 169A.03, subdivisions 20 and 21, are considered prior 
 77.30  impaired driving incidents for purposes of these provisions.