SF 2727

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crimes; extending the qualifying 
  1.3             conditions of impairment for snowmobiling, 
  1.4             motorboating, hunting, driving, and flying while 
  1.5             intoxicated to include being under the influence of 
  1.6             noncontrolled drugs; lowering relevant evidence 
  1.7             standard for indicating influence of alcohol; amending 
  1.8             Minnesota Statutes 1994, sections 84.81, subdivision 
  1.9             1, and by adding subdivisions; 84.91, subdivisions 1, 
  1.10            3, and 4; 84.911, subdivisions 1, 2, 3, and 4; 
  1.11            86B.005, by adding subdivisions; 86B.331, subdivisions 
  1.12            1, 3, and 4; 86B.335, subdivisions 1, 2, 6, 7, and 10; 
  1.13            97A.015, by adding subdivisions; 97B.065, subdivisions 
  1.14            1, 3, and 4; 97B.066, subdivisions 1, 2, 3, and 4; 
  1.15            169.01, by adding subdivisions; 169.121, subdivisions 
  1.16            1, 2, 6, 10a, and by adding a subdivision; 169.123, 
  1.17            subdivisions 2, 2a, 3, 4, and 6; 360.0752, 
  1.18            subdivisions 1, 2, 5, and 7; 360.0753, subdivisions 2, 
  1.19            3, and 6; and 609.21; Minnesota Statutes 1995 
  1.20            Supplement, sections 84.911, subdivision 7; and 
  1.21            86B.335, subdivision 13. 
  1.22  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.23     Section 1.  Minnesota Statutes 1994, section 84.81, 
  1.24  subdivision 1, is amended to read: 
  1.25     Subdivision 1.  For the purposes of Laws 1967, chapter 876 
  1.26  sections 84.81 to 84.912, the terms defined herein shall have 
  1.27  the meaning ascribed to them. 
  1.28     Sec. 2.  Minnesota Statutes 1994, section 84.81, is amended 
  1.29  by adding a subdivision to read: 
  1.30     Subd.  13.  [ALL-TERRAIN VEHICLE.] "All-terrain vehicle" 
  1.31  has the meaning given in section 84.92. 
  1.32     Sec. 3.  Minnesota Statutes 1994, section 84.81, is amended 
  1.33  by adding a subdivision to read: 
  2.1      Subd. 14.  [DRUG.] "Drug" has the meaning given in section 
  2.2   151.01, subdivision 5, including controlled substances as 
  2.3   defined in section 152.01, subdivision 4. 
  2.4      Sec. 4.  Minnesota Statutes 1994, section 84.81, is amended 
  2.5   by adding a subdivision to read: 
  2.6      Subd. 15.  [HAZARDOUS SUBSTANCE.] "Hazardous substance" has 
  2.7   the meaning given in rules adopted under section 182.655. 
  2.8      Sec. 5.  Minnesota Statutes 1994, section 84.91, 
  2.9   subdivision 1, is amended to read: 
  2.10     Subdivision 1.  [ACTS PROHIBITED.] (a) No person shall 
  2.11  operate or be in physical control of any snowmobile or 
  2.12  all-terrain vehicle anywhere in this state or on the ice of any 
  2.13  boundary water of this state: 
  2.14     (1) when the person is under the influence of alcohol; 
  2.15     (2) when the person is under the influence of a controlled 
  2.16  substance, as defined in section 152.01, subdivision 4 drug that 
  2.17  affects the nervous system, brain, or muscles of the person so 
  2.18  as to impair the person's ability to operate the snowmobile or 
  2.19  all-terrain vehicle; 
  2.20     (3) when the person is under the influence of a combination 
  2.21  of any two or more of the elements named in clauses (1), (2), 
  2.22  and (6); 
  2.23     (4) when the person's alcohol concentration is 0.10 or 
  2.24  more; 
  2.25     (5) when the person's alcohol concentration as measured 
  2.26  within two hours of the time of operating is 0.10 or more; or 
  2.27     (6) when the person is knowingly under the influence of any 
  2.28  chemical compound or combination of chemical compounds that is 
  2.29  listed as a hazardous substance in rules adopted under section 
  2.30  182.655 and that affects the nervous system, brain, or muscles 
  2.31  of the person so as to substantially impair the person's ability 
  2.32  to operate the snowmobile or all-terrain vehicle. 
  2.33     (b) No owner or other person having charge or control of 
  2.34  any snowmobile or all-terrain vehicle shall authorize or permit 
  2.35  any individual the person knows or has reason to believe is 
  2.36  under the influence of alcohol, drugs, or a controlled substance 
  3.1   or other substance, as provided under paragraph (a), hazardous 
  3.2   substances to operate the snowmobile or all-terrain vehicle 
  3.3   anywhere in this state or on the ice of any boundary water of 
  3.4   this state. 
  3.5      (c) No owner or other person having charge or control of 
  3.6   any snowmobile or all-terrain vehicle shall knowingly authorize 
  3.7   or permit any person, who by reason of any physical or mental 
  3.8   disability is incapable of operating the vehicle, to operate the 
  3.9   snowmobile or all-terrain vehicle anywhere in this state or on 
  3.10  the ice of any boundary water of this state. 
  3.11     (d) The fact that a person charged with a violation of this 
  3.12  subdivision is or has been legally entitled to use alcohol, 
  3.13  drugs, or hazardous substances does not constitute a defense 
  3.14  against the charge. 
  3.15     Sec. 6.  Minnesota Statutes 1994, section 84.91, 
  3.16  subdivision 3, is amended to read: 
  3.17     Subd. 3.  [PRELIMINARY SCREENING TEST.] (a) When an officer 
  3.18  authorized under subdivision 2 to make arrests has reason to 
  3.19  believe from the manner in which a person is operating, 
  3.20  controlling, or acting upon departure from a snowmobile or 
  3.21  all-terrain vehicle, or has operated or been in control of the 
  3.22  vehicle, that the operator may be violating or has violated 
  3.23  subdivision 1, paragraph (a), the officer may require the 
  3.24  operator to provide a breath sample for a preliminary screening 
  3.25  test using a device approved by the commissioner of public 
  3.26  safety for this purpose.  
  3.27     (b) The results of the preliminary screening test shall be 
  3.28  used for the purpose of deciding whether an arrest should be 
  3.29  made under this section and whether to require the chemical 
  3.30  tests authorized in section 84.911, but may not be used in any 
  3.31  court action except:  (1) to prove that a test was properly 
  3.32  required of an operator under section 84.911; or (2) in a civil 
  3.33  action arising out of the operation or use of a snowmobile or 
  3.34  all-terrain vehicle. 
  3.35     (c) Following the preliminary screening test, additional 
  3.36  tests may be required of the operator as provided under section 
  4.1   84.911. 
  4.2      (d) An operator who refuses a breath sample is subject to 
  4.3   the provisions of section 84.911 unless, in compliance with that 
  4.4   section, the operator submits to a blood, breath, or urine test 
  4.5   to determine the presence of alcohol or a controlled substance, 
  4.6   drugs, or hazardous substances. 
  4.7      Sec. 7.  Minnesota Statutes 1994, section 84.91, 
  4.8   subdivision 4, is amended to read: 
  4.9      Subd. 4.  [EVIDENCE.] In a prosecution for a violation of 
  4.10  subdivision 1, paragraph (a), or an ordinance in conformity with 
  4.11  it, the admission of evidence of the amount of alcohol or a 
  4.12  controlled substance, drugs, or hazardous substances in the 
  4.13  person's blood, breath, or urine, is governed by section 
  4.14  86B.331, subdivision 4. 
  4.15     Sec. 8.  Minnesota Statutes 1994, section 84.911, 
  4.16  subdivision 1, is amended to read: 
  4.17     Subdivision 1.  [MANDATORY CHEMICAL TESTING.] A person who 
  4.18  operates or is in physical control of a snowmobile or 
  4.19  all-terrain vehicle anywhere in this state or on the ice of any 
  4.20  boundary water of this state is required, subject to the 
  4.21  provisions of this section, to take or submit to a test of the 
  4.22  person's blood, breath, or urine for the purpose of determining 
  4.23  the presence and amount of alcohol or a controlled substance, 
  4.24  drugs, or hazardous substances.  The test shall be administered 
  4.25  at the direction of an officer authorized to make arrests under 
  4.26  section 84.91, subdivision 2.  Taking or submitting to the test 
  4.27  is mandatory when requested by an officer who has probable cause 
  4.28  to believe the person was operating or in physical control of a 
  4.29  snowmobile or all-terrain vehicle in violation of section 84.91, 
  4.30  subdivision 1, paragraph (a), and one of the following 
  4.31  conditions exists: 
  4.32     (1) the person has been lawfully placed under arrest for 
  4.33  violating section 84.91, subdivision 1, paragraph (a); 
  4.34     (2) the person has been involved while operating a 
  4.35  snowmobile or all-terrain vehicle in an accident resulting in 
  4.36  property damage, personal injury, or death; 
  5.1      (3) the person has refused to take the preliminary 
  5.2   screening test provided for in section 84.91, subdivision 3; or 
  5.3      (4) the screening test was administered and indicated an 
  5.4   alcohol concentration of 0.10 or more or the presence of a drug 
  5.5   or hazardous substance. 
  5.6      Sec. 9.  Minnesota Statutes 1994, section 84.911, 
  5.7   subdivision 2, is amended to read: 
  5.8      Subd. 2.  [PENALTIES; REFUSAL; REVOCATION OF SNOWMOBILE OR 
  5.9   ALL-TERRAIN VEHICLE OPERATING PRIVILEGE.] (a) If a person 
  5.10  refuses to take a test required under subdivision 1, none must 
  5.11  be given, but the officer authorized to make arrests under 
  5.12  section 84.91, subdivision 2, shall report the refusal to the 
  5.13  commissioner of natural resources and to the authority having 
  5.14  responsibility for prosecution of misdemeanor offenses for the 
  5.15  jurisdiction in which the incident occurred that gave rise to 
  5.16  the test demand and refusal.  However, if a peace officer has 
  5.17  probable cause to believe that the person has violated section 
  5.18  609.21, a test may be required and obtained despite the person's 
  5.19  refusal.  
  5.20     (b) On certification by the officer that probable cause 
  5.21  existed to believe the person had been operating or in physical 
  5.22  control of a snowmobile or all-terrain vehicle while under the 
  5.23  influence of alcohol or a controlled substance, drugs, or 
  5.24  hazardous substances, and that the person refused to submit to 
  5.25  testing, the commissioner shall impose a civil penalty of $500 
  5.26  and shall prohibit the person from operating a snowmobile or 
  5.27  all-terrain vehicle, whichever was involved in the violation, 
  5.28  for a period of one year even if a test was obtained pursuant to 
  5.29  this section after the person refused to submit to testing. 
  5.30     (c) On behalf of the commissioner, an officer requiring a 
  5.31  test or directing the administration of a test shall serve on a 
  5.32  person who refused to permit a test immediate notice of 
  5.33  intention to prohibit the operation of a snowmobile or 
  5.34  all-terrain vehicle, and to impose the civil penalty set forth 
  5.35  in this subdivision.  If the officer fails to serve a notice of 
  5.36  intent to suspend operating privileges, the commissioner may 
  6.1   notify the person by mail, and the notice is deemed received 
  6.2   three days after mailing.  The notice must advise the person of 
  6.3   the right to obtain administrative and judicial review as 
  6.4   provided in this section.  The prohibition imposed by the 
  6.5   commissioner takes effect ten days after receipt of the notice.  
  6.6   The civil penalty is imposed on receipt of the notice and must 
  6.7   be paid within 30 days of imposition.  
  6.8      (b) (d) A person who operates a snowmobile or all-terrain 
  6.9   vehicle during the period the person is prohibited from 
  6.10  operating the vehicle as provided under paragraph (a) (b) or (c) 
  6.11  is guilty of a misdemeanor. 
  6.12     Sec. 10.  Minnesota Statutes 1994, section 84.911, 
  6.13  subdivision 3, is amended to read: 
  6.14     Subd. 3.  [RIGHTS AND OBLIGATIONS.] At the time a test is 
  6.15  requested, the person must be informed: 
  6.16     (1) that Minnesota law requires a person to take a test to 
  6.17  determine if the person is under the influence of alcohol or a 
  6.18  controlled substance, drugs, or hazardous substances; 
  6.19     (2) that a person is subject to a civil penalty of $500 for 
  6.20  refusing to take the test and, in addition, is prohibited for a 
  6.21  one-year period from operating a snowmobile or an all-terrain 
  6.22  vehicle; 
  6.23     (3) if the peace officer has probable cause to believe the 
  6.24  person has violated the criminal vehicular homicide and injury 
  6.25  laws, that a test will be taken with or without the person's 
  6.26  consent; and 
  6.27     (4) that the person has the right to consult with an 
  6.28  attorney, but that this right is limited to the extent that it 
  6.29  cannot unreasonably delay administration of the test or the 
  6.30  person will be deemed to have refused the test. 
  6.31     Sec. 11.  Minnesota Statutes 1994, section 84.911, 
  6.32  subdivision 4, is amended to read: 
  6.33     Subd. 4.  [REQUIREMENT OF BLOOD OR URINE TEST.] 
  6.34  Notwithstanding subdivision 1, if there is probable cause to 
  6.35  believe there is impairment by a controlled substance drug or 
  6.36  hazardous substance that is not subject to testing by a breath 
  7.1   test, then a blood or urine test may be required even after a 
  7.2   breath test has been administered. 
  7.3      Sec. 12.  Minnesota Statutes 1995 Supplement, section 
  7.4   84.911, subdivision 7, is amended to read: 
  7.5      Subd. 7.  [CORONER TO REPORT DEATH.] Every coroner or 
  7.6   medical examiner shall report in writing to the department of 
  7.7   natural resources the death of any person within the 
  7.8   jurisdiction of the coroner or medical examiner as the result of 
  7.9   an accident involving a recreational motor vehicle, as defined 
  7.10  in section 84.90, subdivision 1, and the circumstances of the 
  7.11  accident.  The report shall be made within 15 days after the 
  7.12  death. 
  7.13     In the case of drivers killed in recreational motor vehicle 
  7.14  accidents and of the death of passengers 14 years of age or 
  7.15  older, who die within four hours after accident, the coroner or 
  7.16  medical examiner shall examine the body and shall make tests as 
  7.17  are necessary to determine the presence and percentage 
  7.18  concentration of alcohol, and drugs and hazardous substances if 
  7.19  feasible, in the blood of the victim.  This information shall be 
  7.20  included in each report submitted pursuant to the provisions of 
  7.21  this subdivision and shall be tabulated by the department of 
  7.22  natural resources.  Periodically, the commissioner of natural 
  7.23  resources must transmit a summary of the reports to the 
  7.24  commissioner of public safety.  
  7.25     Sec. 13.  Minnesota Statutes 1994, section 86B.005, is 
  7.26  amended by adding a subdivision to read: 
  7.27     Subd. 20.  [DRUG.] "Drug" has the meaning given in section 
  7.28  151.01, subdivision 5, including controlled substances as 
  7.29  defined in section 152.01, subdivision 4. 
  7.30     Sec. 14.  Minnesota Statutes 1994, section 86B.005, is 
  7.31  amended by adding a subdivision to read: 
  7.32     Subd. 21.  [HAZARDOUS SUBSTANCE.] "Hazardous substance" has 
  7.33  the meaning given in rules adopted under section 182.655. 
  7.34     Sec. 15.  Minnesota Statutes 1994, section 86B.331, 
  7.35  subdivision 1, is amended to read: 
  7.36     Subdivision 1.  [ACTS PROHIBITED.] (a) A person may not 
  8.1   operate or be in physical control of a motorboat in operation on 
  8.2   the waters of this state: 
  8.3      (1) when the person is under the influence of alcohol; 
  8.4      (2) when the person is under the influence of a controlled 
  8.5   substance, as defined in section 152.01, subdivision 4 drug that 
  8.6   affects the nervous system, brain, or muscles of the person so 
  8.7   as to impair the person's ability to operate the motorboat; 
  8.8      (3) when the person is under the influence of a combination 
  8.9   of any two or more of the elements named in clauses (1), (2), 
  8.10  and (6); 
  8.11     (4) when the person's alcohol concentration is 0.10 or 
  8.12  more; 
  8.13     (5) when the person's alcohol concentration as measured 
  8.14  within two hours of the time of operating is 0.10 or more; or 
  8.15     (6) when the person is knowingly under the influence of any 
  8.16  chemical compound or combination of chemical compounds that is 
  8.17  listed as a hazardous substance in rules adopted under section 
  8.18  182.655 and that affects the nervous system, brain, or muscles 
  8.19  of the person so as to substantially impair the person's ability 
  8.20  to operate the motorboat.  
  8.21     (b) An owner or other person having charge or control of a 
  8.22  motorboat may not authorize or allow an individual the person 
  8.23  knows or has reason to believe is under the influence of alcohol 
  8.24  or a controlled or other substance, as provided under paragraph 
  8.25  (a), drugs, or hazardous substances to operate the motorboat in 
  8.26  operation on the waters of this state. 
  8.27     (c) An owner or other person having charge or control of a 
  8.28  motorboat may not knowingly authorize or allow a person, who by 
  8.29  reason of a physical or mental disability is incapable of 
  8.30  operating the motorboat, to operate the motorboat in operation 
  8.31  on the waters of this state.  
  8.32     (d) The fact that a person charged with a violation of this 
  8.33  subdivision is or has been legally entitled to use alcohol, 
  8.34  drugs, or hazardous substances does not constitute a defense 
  8.35  against the charge. 
  8.36     (e) For purposes of this subdivision, a motorboat "in 
  9.1   operation" does not include a motorboat that is anchored, 
  9.2   beached, or securely fastened to a dock or other permanent 
  9.3   mooring. 
  9.4      Sec. 16.  Minnesota Statutes 1994, section 86B.331, 
  9.5   subdivision 3, is amended to read: 
  9.6      Subd. 3.  [PRELIMINARY SCREENING TEST.] (a) If an officer 
  9.7   authorized under subdivision 2 to make arrests has reason to 
  9.8   believe from the manner in which a person is operating, 
  9.9   controlling, or acting upon departure from a motorboat, or has 
  9.10  operated or been in control of a motorboat, that the operator 
  9.11  may be violating or has violated subdivision 1, paragraph (a), 
  9.12  the officer may require the operator to provide a breath sample 
  9.13  for a preliminary screening test using a device approved by the 
  9.14  commissioner of public safety for this purpose.  
  9.15     (b) The results of the preliminary screening test shall be 
  9.16  used for the purpose of deciding whether an arrest should be 
  9.17  made under this section and whether to require the chemical 
  9.18  tests authorized in section 86B.335, but may not be used in a 
  9.19  court action except:  (1) to prove that a test was properly 
  9.20  required of an operator pursuant to section 86B.335; or (2) in a 
  9.21  civil action arising out of the operation or use of the 
  9.22  motorboat. 
  9.23     (c) Following the preliminary screening test, additional 
  9.24  tests may be required of the operator as provided under section 
  9.25  86B.335. 
  9.26     (d) An operator who refuses a breath sample is subject to 
  9.27  the provisions of section 86B.335 unless, in compliance with 
  9.28  that section, the operator submits to a blood, breath, or urine 
  9.29  test to determine the presence of alcohol or a controlled 
  9.30  substance, drugs, or hazardous substances.  
  9.31     Sec. 17.  Minnesota Statutes 1994, section 86B.331, 
  9.32  subdivision 4, is amended to read: 
  9.33     Subd. 4.  [EVIDENCE.] (a) Upon the trial of a prosecution 
  9.34  arising out of acts alleged to have been committed by a person 
  9.35  arrested for operating or being in physical control of a 
  9.36  motorboat in violation of subdivision 1, paragraph (a), or an 
 10.1   ordinance in conformity with it, the court may admit evidence of 
 10.2   the amount of alcohol or a controlled substance, drugs, or 
 10.3   hazardous substances in the person's blood, breath, or urine as 
 10.4   shown by an analysis of those items. 
 10.5      (b) For the purposes of this subdivision: 
 10.6      (1), evidence that there was at the time an alcohol 
 10.7   concentration of 0.05 or less is prima facie evidence that the 
 10.8   person was not under the influence of alcohol; and 
 10.9      (2) evidence that there was at the time an alcohol 
 10.10  concentration of more than 0.05 and less than 0.10 0.04 or more 
 10.11  is relevant evidence in indicating whether or not the person was 
 10.12  under the influence of alcohol. 
 10.13     (c) Evidence of the refusal to take a preliminary screening 
 10.14  test required under subdivision 3 or a chemical test required 
 10.15  under section 86B.335 is admissible into evidence in a 
 10.16  prosecution under this section or an ordinance in conformity 
 10.17  with it. 
 10.18     (d) This subdivision does not limit the introduction of 
 10.19  other competent evidence bearing upon the question of whether or 
 10.20  not the person violated this section, including tests obtained 
 10.21  more than two hours after the alleged violation and results 
 10.22  obtained from partial tests on an infrared breath-testing 
 10.23  instrument.  A result from a partial test is the measurement 
 10.24  obtained by analyzing one adequate breath sample.  A sample is 
 10.25  adequate if the instrument analyzes the sample and does not 
 10.26  indicate the sample is deficient.  
 10.27     (e) If proven by a preponderance of the evidence, it shall 
 10.28  be an affirmative defense to a violation of subdivision 1, 
 10.29  paragraph (a), clause (5), that the defendant consumed a 
 10.30  sufficient quantity of alcohol after the time of operating or 
 10.31  physical control of a motorboat and before the administration of 
 10.32  the evidentiary test to cause the defendant's alcohol 
 10.33  concentration to exceed 0.10.  Provided, that this evidence may 
 10.34  not be admitted unless notice is given to the prosecution prior 
 10.35  to the omnibus or pretrial hearing in the matter. 
 10.36     Sec. 18.  Minnesota Statutes 1994, section 86B.335, 
 11.1   subdivision 1, is amended to read: 
 11.2      Subdivision 1.  [MANDATORY CHEMICAL TESTING.] A person who 
 11.3   operates or is in physical control of a motorboat in operation 
 11.4   on the waters of this state is required, subject to the 
 11.5   provisions of this section, to take or submit to a test of the 
 11.6   person's blood, breath, or urine for the purpose of determining 
 11.7   the presence and amount of alcohol or a controlled substance, 
 11.8   drugs, or hazardous substances.  A motorboat "in operation" does 
 11.9   not include a motorboat that is anchored, beached, or securely 
 11.10  fastened to a dock or other permanent mooring.  The test shall 
 11.11  be administered at the direction of an officer authorized to 
 11.12  make arrests under section 86B.331, subdivision 2.  Taking or 
 11.13  submitting to the test is mandatory when requested by an officer 
 11.14  who has probable cause to believe the person was operating or in 
 11.15  physical control of a motorboat in violation of section 86B.331, 
 11.16  subdivision 1, paragraph (a), and one of the following 
 11.17  conditions exist: 
 11.18     (1) the person has been lawfully placed under arrest for 
 11.19  violating section 86B.331, subdivision 1, paragraph (a); 
 11.20     (2) the person has been involved in a motorboat accident 
 11.21  resulting in property damage, personal injury, or death; 
 11.22     (3) the person has refused to take the preliminary 
 11.23  screening test provided for in section 86B.331, subdivision 3; 
 11.24  or 
 11.25     (4) the screening test was administered and indicated an 
 11.26  alcohol concentration of 0.10 or more or the presence of drugs 
 11.27  or hazardous substances. 
 11.28     Sec. 19.  Minnesota Statutes 1994, section 86B.335, 
 11.29  subdivision 2, is amended to read: 
 11.30     Subd. 2.  [REFUSAL TO TAKE TEST PENALTIES; REFUSAL; 
 11.31  REVOCATION OF OPERATOR'S PERMIT.] (a) If a person refuses to 
 11.32  take a test required under subdivision 1, a test is not to be 
 11.33  given, but the officer authorized to make arrests under section 
 11.34  86B.331, subdivision 2, shall report the refusal to the 
 11.35  commissioner of natural resources and to the authority having 
 11.36  responsibility for prosecution of misdemeanor offenses for the 
 12.1   jurisdiction where the incident occurred that gave rise to the 
 12.2   test demand and refusal.  However, if a peace officer has 
 12.3   probable cause to believe that the person has violated section 
 12.4   609.21, a test may be required and obtained despite the person's 
 12.5   refusal. 
 12.6      (b) On certification by the officer that probable cause 
 12.7   existed to believe the person had been operating or in physical 
 12.8   control of a motorboat while under the influence of alcohol or a 
 12.9   controlled substance, drugs, or hazardous substances, and that 
 12.10  the person refused to submit to testing, the commissioner shall 
 12.11  impose a civil penalty of $500 and shall prohibit the person 
 12.12  from operating any motorboat on the waters of this state for a 
 12.13  period of one year even if a test was obtained pursuant to this 
 12.14  section after the person refused to submit to testing.  If the 
 12.15  person refusing to submit to testing is under the age of 18 
 12.16  years at the time of the refusal, the person's watercraft 
 12.17  operator's permit shall be revoked by the commissioner as set 
 12.18  forth in this subdivision and a new permit after the revocation 
 12.19  must be issued only after the person successfully completes a 
 12.20  watercraft safety course.  
 12.21     (c) On behalf of the commissioner, an officer requiring a 
 12.22  test or directing the administration of a test shall serve on a 
 12.23  person who refused to permit a test immediate notice of 
 12.24  intention to impose the civil penalty set forth in this 
 12.25  subdivision, to prohibit the operation of motorboats, and to 
 12.26  revoke a watercraft operator's permit.  The officer shall take a 
 12.27  watercraft operator's permit held by the person, and shall send 
 12.28  the permit to the commissioner along with the certification 
 12.29  provided for in this subdivision.  If the officer fails to serve 
 12.30  a notice of intent to revoke, the commissioner may notify the 
 12.31  person by mail and the notice is deemed received three days 
 12.32  after mailing.  The notice must advise the person of the right 
 12.33  to obtain administrative and judicial review as provided in this 
 12.34  section.  The prohibition and revocation, if any, shall take 
 12.35  effect ten days after receipt of the notice.  The civil penalty 
 12.36  is imposed on receipt of the notice and shall be paid within 30 
 13.1   days of imposition.  
 13.2      (d) A person who operates a motorboat on the waters of this 
 13.3   state during the period the person is prohibited from operating 
 13.4   a motorboat as provided under paragraph (b) or (c) is guilty of 
 13.5   a misdemeanor.  
 13.6      Sec. 20.  Minnesota Statutes 1994, section 86B.335, 
 13.7   subdivision 6, is amended to read: 
 13.8      Subd. 6.  [RIGHTS AND OBLIGATIONS.] At the time a test is 
 13.9   requested, the person must be informed: 
 13.10     (1) that Minnesota law requires a person to take a test to 
 13.11  determine if the person is under the influence of alcohol or a 
 13.12  controlled substance, drugs, or hazardous substances; 
 13.13     (2) that a person is subject to a civil penalty of $500 for 
 13.14  refusing to take the test and, in addition, the person may be 
 13.15  prohibited from operating any motorboat; 
 13.16     (3) if the peace officer has probable cause to believe the 
 13.17  person has violated the criminal vehicular homicide and injury 
 13.18  laws, that a test will be taken with or without the person's 
 13.19  consent; and 
 13.20     (4) that the person has the right to consult with an 
 13.21  attorney, but that this right is limited to the extent that it 
 13.22  cannot unreasonably delay administration of the test or the 
 13.23  person will be deemed to have refused the test. 
 13.24     Sec. 21.  Minnesota Statutes 1994, section 86B.335, 
 13.25  subdivision 7, is amended to read: 
 13.26     Subd. 7.  [REQUIREMENT OF BLOOD OR URINE TEST.] 
 13.27  Notwithstanding subdivision 1, if there are reasonable and 
 13.28  probable grounds to believe there is impairment by a controlled 
 13.29  drug or hazardous substance which that is not subject to testing 
 13.30  by a blood or breath test, then a blood or urine test may be 
 13.31  required even after a blood or breath test has been administered.
 13.32     Sec. 22.  Minnesota Statutes 1994, section 86B.335, 
 13.33  subdivision 10, is amended to read: 
 13.34     Subd. 10.  [MANNER OF MAKING TESTS.] (a) Only a physician, 
 13.35  medical technician, physician's trained mobile intensive care 
 13.36  paramedic, registered nurse, medical technologist, or laboratory 
 14.1   assistant acting at the request of a peace officer authorized to 
 14.2   make arrests under section 86B.331, subdivision 2, may withdraw 
 14.3   blood for the purpose of determining the presence of alcohol or 
 14.4   controlled substance, drugs, or hazardous substances.  This 
 14.5   limitation does not apply to the taking of a breath or urine 
 14.6   sample.  The person tested has the right to have someone of the 
 14.7   person's own choosing administer a chemical test or tests in 
 14.8   addition to any administered at the direction of a peace 
 14.9   officer; provided, that the additional test sample on behalf of 
 14.10  the person is obtained at the place where the person is in 
 14.11  custody, after the test administered at the direction of a peace 
 14.12  officer, and at no expense to the state.  
 14.13     (b) The failure or inability to obtain an additional test 
 14.14  or tests by a person shall not preclude the admission in 
 14.15  evidence of the test taken at the direction of a peace officer 
 14.16  unless the additional test was prevented or denied by the peace 
 14.17  officer.  
 14.18     (c) The physician, medical technician, physician's trained 
 14.19  mobile intensive care paramedic, medical technologist, 
 14.20  laboratory assistant, or registered nurse drawing blood at the 
 14.21  request of a peace officer for the purpose of determining 
 14.22  alcohol the concentration of alcohol, drugs, or hazardous 
 14.23  substances shall in no manner be liable in any civil or criminal 
 14.24  action except for negligence in drawing the blood.  The person 
 14.25  administering a breath test shall be fully trained in the 
 14.26  administration of breath tests pursuant to training given by the 
 14.27  commissioner of public safety.  
 14.28     Sec. 23.  Minnesota Statutes 1995 Supplement, section 
 14.29  86B.335, subdivision 13, is amended to read: 
 14.30     Subd. 13.  [CORONER TO REPORT DEATH.] Every coroner or 
 14.31  medical examiner shall report in writing to the department of 
 14.32  natural resources the death of any person within the 
 14.33  jurisdiction of the coroner or medical examiner as the result of 
 14.34  an accident involving any watercraft or drowning and the 
 14.35  circumstances of the accident.  The report shall be made within 
 14.36  15 days after the death or recovery. 
 15.1      In the case of operators killed in watercraft accidents, or 
 15.2   the death of passengers or drowning victims 14 years of age or 
 15.3   older, who die within four hours after accident, the coroner or 
 15.4   medical examiner shall examine the body and shall make tests as 
 15.5   are necessary to determine the presence and percentage 
 15.6   concentration of alcohol, and drugs and hazardous substances if 
 15.7   feasible, in the blood of the victim.  This information shall be 
 15.8   included in each report submitted pursuant to the provisions of 
 15.9   this subdivision and shall be tabulated by the department of 
 15.10  natural resources.  Periodically, the commissioner of natural 
 15.11  resources must transmit a summary of the reports to the 
 15.12  commissioner of public safety.  
 15.13     Sec. 24.  Minnesota Statutes 1994, section 97A.015, is 
 15.14  amended by adding a subdivision to read: 
 15.15     Subd. 56.  [DRUG.] "Drug" has the meaning given in section 
 15.16  151.01, subdivision 5, including controlled substances as 
 15.17  defined in section 152.01, subdivision 4. 
 15.18     Sec. 25.  Minnesota Statutes 1994, section 97A.015, is 
 15.19  amended by adding a subdivision to read: 
 15.20     Subd. 57.  [HAZARDOUS SUBSTANCE.] "Hazardous substance" has 
 15.21  the meaning given in rules adopted under section 182.655. 
 15.22     Sec. 26.  Minnesota Statutes 1994, section 97B.065, 
 15.23  subdivision 1, is amended to read: 
 15.24     Subdivision 1.  [ACTS PROHIBITED.] (a) A person may not 
 15.25  take hunt wild animals with a firearm or by archery:  
 15.26     (1) when the person is under the influence of alcohol; 
 15.27     (2) when the person is under the influence of a controlled 
 15.28  substance, as defined in section 152.01, subdivision 4 drug that 
 15.29  affects the nervous system, brain, or muscles of the person so 
 15.30  as to impair the person's ability to operate the firearm or bow 
 15.31  and arrow; 
 15.32     (3) when the person is under the influence of a combination 
 15.33  of any two or more of the elements in clauses (1) and, (2), and 
 15.34  (6); 
 15.35     (4) when the person's alcohol concentration is 0.10 or 
 15.36  more; 
 16.1      (5) when the person's alcohol concentration as measured 
 16.2   within two hours of the time of taking is 0.10 or more; or 
 16.3      (6) when the person is knowingly under the influence of any 
 16.4   chemical compound or combination of chemical compounds that is 
 16.5   listed as a hazardous substance in rules adopted under section 
 16.6   182.655 and that affects the nervous system, brain, or muscles 
 16.7   of the person so as to substantially impair the person's ability 
 16.8   to operate a the firearm or bow and arrow. 
 16.9      (b) An owner or other person having charge or control of a 
 16.10  firearm or bow and arrow may not authorize or permit an 
 16.11  individual the person knows or has reason to believe is under 
 16.12  the influence of alcohol or a controlled substance, as provided 
 16.13  under paragraph (a), drugs, or hazardous substances to possess 
 16.14  the firearm or bow and arrow in this state or on a boundary 
 16.15  water of this state. 
 16.16     (c) The fact that a person charged with a violation of this 
 16.17  subdivision is or has been legally entitled to use alcohol, 
 16.18  drugs, or hazardous substances does not constitute a defense 
 16.19  against the charge. 
 16.20     Sec. 27.  Minnesota Statutes 1994, section 97B.065, 
 16.21  subdivision 3, is amended to read: 
 16.22     Subd. 3.  [PRELIMINARY SCREENING TEST.] (a) When an officer 
 16.23  authorized under subdivision 2 to make arrests has reason to 
 16.24  believe that the person may be violating or has violated 
 16.25  subdivision 1, paragraph (a), the officer may require the person 
 16.26  to provide a breath sample for a preliminary screening test 
 16.27  using a device approved by the commissioner of public safety for 
 16.28  this purpose. 
 16.29     (b) The results of the preliminary screening test must be 
 16.30  used for the purpose of deciding whether an arrest should be 
 16.31  made under this section and whether to require the chemical 
 16.32  tests authorized in section 97B.066, but may not be used in any 
 16.33  court action except:  (1) to prove that a test was properly 
 16.34  required of a person under section 97B.066, or (2) in a civil 
 16.35  action arising out of the operation of a firearm or bow and 
 16.36  arrow. 
 17.1      (c) Following the preliminary screening test, additional 
 17.2   tests may be required of the person as provided under section 
 17.3   97B.066. 
 17.4      (d) A person who refuses a breath sample is subject to the 
 17.5   provisions of section 97B.066 unless, in compliance with that 
 17.6   section, the person submits to a blood, breath, or urine test to 
 17.7   determine the presence of alcohol or a controlled substance, 
 17.8   drugs, or hazardous substances. 
 17.9      Sec. 28.  Minnesota Statutes 1994, section 97B.065, 
 17.10  subdivision 4, is amended to read: 
 17.11     Subd. 4.  [EVIDENCE.] In a prosecution for a violation of 
 17.12  subdivision 1, paragraph (a), or an ordinance in conformity with 
 17.13  it, the admission of evidence of the amount of alcohol or a 
 17.14  controlled substance, drugs, or hazardous substances in the 
 17.15  person's blood, breath, or urine is governed by section 86B.331, 
 17.16  subdivision 4. 
 17.17     Sec. 29.  Minnesota Statutes 1994, section 97B.066, 
 17.18  subdivision 1, is amended to read: 
 17.19     Subdivision 1.  [MANDATORY CHEMICAL TESTING.] A person who 
 17.20  takes hunts wild animals with a bow or firearm in this state or 
 17.21  on a boundary water of this state is required, subject to the 
 17.22  provisions of this section, to take or submit to a test of the 
 17.23  person's blood, breath, or urine for the purpose of determining 
 17.24  the presence and amount of alcohol or a controlled substance, 
 17.25  drugs, or hazardous substances.  The test shall be administered 
 17.26  at the direction of an officer authorized to make arrests under 
 17.27  section 97B.065, subdivision 2.  Taking or submitting to the 
 17.28  test is mandatory when requested by an officer who has probable 
 17.29  cause to believe the person was hunting in violation of section 
 17.30  97B.065, subdivision 1, paragraph (a), and one of the following 
 17.31  conditions exists: 
 17.32     (1) the person has been lawfully placed under arrest for 
 17.33  violating section 97B.065, subdivision 1, paragraph (a); 
 17.34     (2) the person has been involved while hunting in an 
 17.35  accident resulting in property damage, personal injury, or 
 17.36  death; 
 18.1      (3) the person has refused to take the preliminary 
 18.2   screening test provided for in section 97B.065, subdivision 3; 
 18.3   or 
 18.4      (4) the screening test was administered and indicated an 
 18.5   alcohol concentration of 0.10 or more or the presence of a drug 
 18.6   or hazardous substance. 
 18.7      Sec. 30.  Minnesota Statutes 1994, section 97B.066, 
 18.8   subdivision 2, is amended to read: 
 18.9      Subd. 2.  [PENALTIES; REFUSAL; REVOCATION OF HUNTING 
 18.10  PRIVILEGE.] (a) If a person refuses to take a test required 
 18.11  under subdivision 1, none must be given but the officer 
 18.12  authorized to make arrests under section 97B.065, subdivision 2, 
 18.13  shall report the refusal to the commissioner of natural 
 18.14  resources and to the authority having responsibility for 
 18.15  prosecution of misdemeanor offenses for the jurisdiction in 
 18.16  which the incident occurred that gave rise to the test demand 
 18.17  and refusal. 
 18.18     (b) On certification by the officer that probable cause 
 18.19  existed to believe the person had been hunting while under the 
 18.20  influence of alcohol or a controlled substance, drugs, or 
 18.21  hazardous substances and that the person refused to submit to 
 18.22  testing, the commissioner shall impose a civil penalty of $500 
 18.23  and shall prohibit the person from hunting for one year. 
 18.24     (c) On behalf of the commissioner, an officer requiring a 
 18.25  test or directing the administration of a test shall serve on a 
 18.26  person who refused to permit a test immediate notice of 
 18.27  intention to prohibit the person from hunting, and to impose the 
 18.28  civil penalty set forth in this subdivision.  If the officer 
 18.29  fails to serve a notice of intent to suspend hunting privileges, 
 18.30  the commissioner may notify the person by certified mail to the 
 18.31  address on the license of the person.  The notice must advise 
 18.32  the person of the right to obtain administrative and judicial 
 18.33  review as provided in this section.  The prohibition imposed by 
 18.34  the commissioner takes effect ten days after receipt of the 
 18.35  notice.  The civil penalty is imposed 30 days after receipt of 
 18.36  the notice or upon return of the certified mail to the 
 19.1   commissioner, and must be paid within 30 days of imposition. 
 19.2      (b) (d) A person who hunts during the period the person is 
 19.3   prohibited from hunting as provided under paragraph (a) (b) or 
 19.4   (c) is guilty of a misdemeanor. 
 19.5      Sec. 31.  Minnesota Statutes 1994, section 97B.066, 
 19.6   subdivision 3, is amended to read: 
 19.7      Subd. 3.  [RIGHTS AND OBLIGATIONS.] At the time a test is 
 19.8   requested, the person must be informed that: 
 19.9      (1) Minnesota law requires a person to take a test to 
 19.10  determine if the person is under the influence of alcohol or a 
 19.11  controlled substance, drugs, or hazardous substances; 
 19.12     (2) if the person refuses to take the test, the person is 
 19.13  subject to a civil penalty of $500 and is prohibited for a 
 19.14  one-year period from hunting, as provided under subdivision 2; 
 19.15  and 
 19.16     (3) that the person has the right to consult with an 
 19.17  attorney, but that this right is limited to the extent it cannot 
 19.18  unreasonably delay administration of the test or the person will 
 19.19  be deemed to have refused the test. 
 19.20     Sec. 32.  Minnesota Statutes 1994, section 97B.066, 
 19.21  subdivision 4, is amended to read: 
 19.22     Subd. 4.  [REQUIREMENT OF BLOOD OR URINE TEST.] 
 19.23  Notwithstanding subdivision 1, if there is probable cause to 
 19.24  believe there is impairment by a controlled substance drug or 
 19.25  hazardous substance that is not subject to testing by a breath 
 19.26  test, then a blood or urine test may be required even after a 
 19.27  breath test has been administered. 
 19.28     Sec. 33.  Minnesota Statutes 1994, section 169.01, is 
 19.29  amended by adding a subdivision to read: 
 19.30     Subd. 82.  [DRUG.] "Drug" has the meaning given in section 
 19.31  151.01, subdivision 5, including controlled substances as 
 19.32  defined in section 152.01, subdivision 4. 
 19.33     Sec. 34.  Minnesota Statutes 1994, section 169.01, is 
 19.34  amended by adding a subdivision to read: 
 19.35     Subd. 83.  [HAZARDOUS SUBSTANCE.] "Hazardous substance" has 
 19.36  the meaning given in rules adopted under section 182.655. 
 20.1      Sec. 35.  Minnesota Statutes 1994, section 169.121, 
 20.2   subdivision 1, is amended to read: 
 20.3      Subdivision 1.  [CRIME; ACTS PROHIBITED.] It is a crime for 
 20.4   any person to drive, operate, or be in physical control of any 
 20.5   motor vehicle within this state or upon the ice of any boundary 
 20.6   water of this state: 
 20.7      (a) when the person is under the influence of alcohol; 
 20.8      (b) when the person is under the influence of a controlled 
 20.9   substance, as defined in section 152.01, subdivision 4 drug that 
 20.10  affects the nervous system, brain, or muscles of the person so 
 20.11  as to impair the person's ability to drive or operate the motor 
 20.12  vehicle; 
 20.13     (c) when the person is under the influence of a combination 
 20.14  of any two or more of the elements named in clauses (a), (b), 
 20.15  and (f); 
 20.16     (d) when the person's alcohol concentration is 0.10 or 
 20.17  more; 
 20.18     (e) when the person's alcohol concentration as measured 
 20.19  within two hours of the time of driving, operating, or being in 
 20.20  physical control of the motor vehicle is 0.10 or more; or 
 20.21     (f) when the person is knowingly under the influence of any 
 20.22  chemical compound or combination of chemical compounds that is 
 20.23  listed as a hazardous substance in rules adopted under section 
 20.24  182.655 and that affects the nervous system, brain, or muscles 
 20.25  of the person so as to substantially impair the person's ability 
 20.26  to drive or operate the motor vehicle. 
 20.27     Sec. 36.  Minnesota Statutes 1994, section 169.121, is 
 20.28  amended by adding a subdivision to read: 
 20.29     Subd. 1d.  [PRESCRIPTION NOT A DEFENSE.] The fact that a 
 20.30  person charged with a violation of this section is or has been 
 20.31  legally entitled to use alcohol, drugs, or hazardous substances 
 20.32  does not constitute a defense against the charge. 
 20.33     Sec. 37.  Minnesota Statutes 1994, section 169.121, 
 20.34  subdivision 2, is amended to read: 
 20.35     Subd. 2.  [EVIDENCE.] Upon the trial of any prosecution 
 20.36  arising out of acts alleged to have been committed by any person 
 21.1   arrested for driving, operating, or being in physical control of 
 21.2   a motor vehicle in violation of subdivision 1, the court may 
 21.3   admit evidence of the amount of alcohol or a controlled 
 21.4   substance, drugs, or hazardous substances in the person's blood, 
 21.5   breath, or urine as shown by an analysis of those items. 
 21.6      For the purposes of this subdivision, evidence that there 
 21.7   was at the time an alcohol concentration of 0.04 or more is 
 21.8   relevant evidence in indicating whether or not the person was 
 21.9   under the influence of alcohol. 
 21.10     Evidence of the refusal to take a test is admissible into 
 21.11  evidence in a prosecution under this section or an ordinance in 
 21.12  conformity with it.  
 21.13     If proven by a preponderance of the evidence, it shall be 
 21.14  an affirmative defense to a violation of subdivision 1, clause 
 21.15  (e), that the defendant consumed a sufficient quantity of 
 21.16  alcohol after the time of actual driving, operating, or physical 
 21.17  control of a motor vehicle and before the administration of the 
 21.18  evidentiary test to cause the defendant's alcohol concentration 
 21.19  to exceed 0.10.  Provided, that this evidence may not be 
 21.20  admitted unless notice is given to the prosecution prior to the 
 21.21  omnibus or pretrial hearing in the matter.  
 21.22     The foregoing provisions do not limit the introduction of 
 21.23  any other competent evidence bearing upon the question whether 
 21.24  or not the person violated this section, including tests 
 21.25  obtained more than two hours after the alleged violation and 
 21.26  results obtained from partial tests on an infrared 
 21.27  breath-testing instrument.  A result from a partial test is the 
 21.28  measurement obtained by analyzing one adequate breath sample, as 
 21.29  defined in section 169.123, subdivision 2b, paragraph (b). 
 21.30     Sec. 38.  Minnesota Statutes 1994, section 169.121, 
 21.31  subdivision 6, is amended to read: 
 21.32     Subd. 6.  [PRELIMINARY SCREENING TEST.] (a) When a peace 
 21.33  officer has reason to believe from the manner in which a person 
 21.34  is driving, operating, controlling, or acting upon departure 
 21.35  from a motor vehicle, or has driven, operated, or controlled a 
 21.36  motor vehicle, that the driver may be violating or has violated 
 22.1   subdivision 1 or section 169.1211, the officer may require the 
 22.2   driver to provide a sample of the driver's breath for a 
 22.3   preliminary screening test using a device approved by the 
 22.4   commissioner of public safety for this purpose. 
 22.5      (b) The results of this preliminary screening test shall be 
 22.6   used for the purpose of deciding whether an arrest should be 
 22.7   made and whether to require the tests authorized in section 
 22.8   169.123, but shall not be used in any court action except (1) to 
 22.9   prove that a test was properly required of a person pursuant to 
 22.10  section 169.123, subdivision 2; (2) in a civil action arising 
 22.11  out of the operation or use of the motor vehicle; (3) in an 
 22.12  action for license reinstatement under section 171.19; or (4) in 
 22.13  a prosecution or juvenile court proceeding concerning a 
 22.14  violation of section 340A.503, subdivision 1, paragraph (a), 
 22.15  clause (2). 
 22.16     (c) Following the screening test additional tests may be 
 22.17  required of the driver pursuant to the provisions of section 
 22.18  169.123. 
 22.19     (d) The driver who refuses to furnish a sample of the 
 22.20  driver's breath is subject to the provisions of section 169.123 
 22.21  unless, in compliance with section 169.123, the driver submits 
 22.22  to a blood, breath or urine test to determine the presence of 
 22.23  alcohol or a controlled substance, drugs, or hazardous 
 22.24  substances.  
 22.25     Sec. 39.  Minnesota Statutes 1994, section 169.121, 
 22.26  subdivision 10a, is amended to read: 
 22.27     Subd. 10a.  [CIVIL ACTION; PUNITIVE DAMAGES.] In a civil 
 22.28  action involving a motor vehicle accident, it is sufficient for 
 22.29  the trier of fact to consider an award of punitive damages if 
 22.30  there is evidence that the accident was caused by a driver: 
 22.31     (1) with a blood an alcohol concentration of .10 or more,; 
 22.32     (2) who was under the influence of a controlled substance, 
 22.33  or drug that affects the nervous system, brain, or muscles of 
 22.34  the person so as to impair the person's ability to drive or 
 22.35  operate the motor vehicle; 
 22.36     (3) who was under the influence of alcohol and refused to 
 23.1   take a test required under section 169.123, subdivision 2, is 
 23.2   sufficient for the trier of fact to consider an award of 
 23.3   punitive damages; or 
 23.4      (4) who was knowingly under the influence of a hazardous 
 23.5   substance that affects the person's nervous system, brain, or 
 23.6   muscles so as to impair the person's ability to drive or operate 
 23.7   a motor vehicle. 
 23.8      A criminal charge or conviction is not a prerequisite to 
 23.9   consideration of punitive damages under this subdivision.  At 
 23.10  the trial in an action where the trier of fact will consider an 
 23.11  award of punitive damages, evidence that the driver has been 
 23.12  convicted of violating this section, section 169.129, or 609.21 
 23.13  is admissible into evidence. 
 23.14     Sec. 40.  Minnesota Statutes 1994, section 169.123, 
 23.15  subdivision 2, is amended to read: 
 23.16     Subd. 2.  [IMPLIED CONSENT; CONDITIONS; ELECTION OF TEST.] 
 23.17  (a) Any person who drives, operates, or is in physical control 
 23.18  of a motor vehicle within this state or upon the ice of any 
 23.19  boundary water of this state consents, subject to the provisions 
 23.20  of this section and sections 169.121 and 169.1211, to a chemical 
 23.21  test of that person's blood, breath, or urine for the purpose of 
 23.22  determining the presence of alcohol or a controlled substance, 
 23.23  drugs, or hazardous substances.  The test shall be administered 
 23.24  at the direction of a peace officer.  The test may be required 
 23.25  of a person when an officer has probable cause to believe the 
 23.26  person was driving, operating, or in physical control of a motor 
 23.27  vehicle in violation of section 169.121 and one of the following 
 23.28  conditions exist: 
 23.29     (1) the person has been lawfully placed under arrest for 
 23.30  violation of section 169.121, or an ordinance in conformity with 
 23.31  it; 
 23.32     (2) the person has been involved in a motor vehicle 
 23.33  accident or collision resulting in property damage, personal 
 23.34  injury, or death; 
 23.35     (3) the person has refused to take the screening test 
 23.36  provided for by section 169.121, subdivision 6; or 
 24.1      (4) the screening test was administered and indicated an 
 24.2   alcohol concentration of 0.10 or more or the presence of a drug 
 24.3   or hazardous substance.  
 24.4      The test may also be required of a person when an officer 
 24.5   has probable cause to believe the person was driving, operating, 
 24.6   or in physical control of a commercial motor vehicle with the 
 24.7   presence of any alcohol. 
 24.8      (b) At the time a test is requested, the person shall be 
 24.9   informed: 
 24.10     (1) that Minnesota law requires the person to take a test 
 24.11  to determine if the person is under the influence of alcohol or 
 24.12  a controlled substance or, drugs, or hazardous substances and, 
 24.13  if the motor vehicle was a commercial motor vehicle, that 
 24.14  Minnesota law requires the person to take a test to determine 
 24.15  the presence of alcohol; 
 24.16     (2) that refusal to take a test is a crime; 
 24.17     (3) if the peace officer has probable cause to believe the 
 24.18  person has violated the criminal vehicular homicide and injury 
 24.19  laws, that a test will be taken with or without the person's 
 24.20  consent; and 
 24.21     (4) that the person has the right to consult with an 
 24.22  attorney, but that this right is limited to the extent that it 
 24.23  cannot unreasonably delay administration of the test. 
 24.24     (c) The peace officer who requires a test pursuant to this 
 24.25  subdivision may direct whether the test shall be of blood, 
 24.26  breath, or urine.  Action may be taken against a person who 
 24.27  refuses to take a blood test only if an alternative test was 
 24.28  offered and action may be taken against a person who refuses to 
 24.29  take a urine test only if an alternative test was offered. 
 24.30     Sec. 41.  Minnesota Statutes 1994, section 169.123, 
 24.31  subdivision 2a, is amended to read: 
 24.32     Subd. 2a.  [REQUIREMENT OF URINE OR BLOOD TEST.] 
 24.33  Notwithstanding subdivision 2, if there is probable cause to 
 24.34  believe there is impairment by a controlled drug or hazardous 
 24.35  substance that is not subject to testing by a breath test, then 
 24.36  a urine or blood test may be required even after a breath test 
 25.1   has been administered.  Action may be taken against a person who 
 25.2   refuses to take a blood test under this subdivision only if a 
 25.3   urine test was offered, and action may be taken against a person 
 25.4   who refuses to take a urine test only if a blood test was 
 25.5   offered. 
 25.6      Sec. 42.  Minnesota Statutes 1994, section 169.123, 
 25.7   subdivision 3, is amended to read: 
 25.8      Subd. 3.  [MANNER OF MAKING TEST; ADDITIONAL TESTS.] (a) 
 25.9   Only a physician, medical technician, physician's trained mobile 
 25.10  intensive care paramedic, registered nurse, medical technologist 
 25.11  or laboratory assistant acting at the request of a peace officer 
 25.12  may withdraw blood for the purpose of determining the presence 
 25.13  of alcohol or controlled substance, drugs, or hazardous 
 25.14  substances.  This limitation does not apply to the taking of a 
 25.15  breath or urine sample.  The person tested has the right to have 
 25.16  someone of the person's own choosing administer a chemical test 
 25.17  or tests in addition to any administered at the direction of a 
 25.18  peace officer; provided, that the additional test sample on 
 25.19  behalf of the person is obtained at the place where the person 
 25.20  is in custody, after the test administered at the direction of a 
 25.21  peace officer, and at no expense to the state. 
 25.22     (b) The failure or inability to obtain an additional test 
 25.23  or tests by a person shall not preclude the admission in 
 25.24  evidence of the test taken at the direction of a peace officer 
 25.25  unless the additional test was prevented or denied by the peace 
 25.26  officer. 
 25.27     (c) The physician, medical technician, physician's trained 
 25.28  mobile intensive care paramedic, medical technologist, 
 25.29  laboratory assistant or registered nurse drawing blood at the 
 25.30  request of a peace officer for the purpose of 
 25.31  determining alcohol the concentration of alcohol, drugs, or 
 25.32  hazardous substances shall in no manner be liable in any civil 
 25.33  or criminal action except for negligence in drawing the blood.  
 25.34  The person administering a breath test shall be fully trained in 
 25.35  the administration of breath tests pursuant to training given by 
 25.36  the commissioner of public safety. 
 26.1      Sec. 43.  Minnesota Statutes 1994, section 169.123, 
 26.2   subdivision 4, is amended to read: 
 26.3      Subd. 4.  [REFUSAL; REVOCATION OF LICENSE.] (a) If a person 
 26.4   refuses to permit a test, none shall be given, but the peace 
 26.5   officer shall report the refusal to the commissioner of public 
 26.6   safety and the authority having responsibility for prosecution 
 26.7   of misdemeanor offenses for the jurisdiction in which the acts 
 26.8   occurred.  However, if a peace officer has probable cause to 
 26.9   believe that the person has violated section 609.21, a test may 
 26.10  be required and obtained despite the person's refusal.  A 
 26.11  refusal to submit to an alcohol concentration test does not 
 26.12  constitute a violation of section 609.50, unless the refusal was 
 26.13  accompanied by force or violence or the threat of force or 
 26.14  violence. 
 26.15     (b) If a person submits to a test and the test results 
 26.16  indicate an alcohol concentration of 0.10 or more or the 
 26.17  presence of drugs or hazardous substances, or if a person was 
 26.18  driving, operating, or in physical control of a commercial motor 
 26.19  vehicle and the test results indicate an alcohol concentration 
 26.20  of 0.04 or more, the results of the test shall be reported to 
 26.21  the commissioner of public safety and to the authority having 
 26.22  responsibility for prosecution of misdemeanor offenses for the 
 26.23  jurisdiction in which the acts occurred. 
 26.24     (c) Upon certification by the peace officer that there 
 26.25  existed probable cause to believe the person had been driving, 
 26.26  operating, or in physical control of a motor vehicle while under 
 26.27  the influence of alcohol or a controlled substance, drugs, or 
 26.28  hazardous substances and that the person refused to submit to a 
 26.29  test, the commissioner of public safety shall revoke the 
 26.30  person's license or permit to drive, or nonresident operating 
 26.31  privilege, for a period of one year even if a test was obtained 
 26.32  pursuant to this section after the person refused to submit to 
 26.33  testing. 
 26.34     (d) Upon certification by the peace officer that there 
 26.35  existed probable cause to believe the person had been driving, 
 26.36  operating, or in physical control of a commercial motor vehicle 
 27.1   with the presence of any alcohol, drugs, or hazardous 
 27.2   substances, and that the person refused to submit to a test, the 
 27.3   commissioner shall disqualify the person from operating a 
 27.4   commercial motor vehicle for a period of one year under section 
 27.5   171.165 and shall revoke the person's license or permit to drive 
 27.6   or nonresident operating privilege for a period of one year. 
 27.7      (e) Upon certification by the peace officer that there 
 27.8   existed probable cause to believe the person had been driving, 
 27.9   operating or in physical control of a motor vehicle while under 
 27.10  the influence of alcohol or a controlled substance, drugs, or 
 27.11  hazardous substances, and that the person submitted to a test 
 27.12  and the test results indicate an alcohol concentration of 0.10 
 27.13  or more or the presence of a drug or hazardous substance, the 
 27.14  commissioner of public safety shall revoke the person's license 
 27.15  or permit to drive, or nonresident operating privilege, for:  
 27.16     (1) a period of 90 days; or 
 27.17     (2) if the person is under the age of 21 years, for a 
 27.18  period of six months; or 
 27.19     (3) if the person's driver's license or driving privileges 
 27.20  have been revoked within the past five years under this section 
 27.21  or section 169.121, for a period of 180 days. 
 27.22     (f) On certification by the peace officer that there 
 27.23  existed probable cause to believe the person had been driving, 
 27.24  operating, or in physical control of a commercial motor vehicle 
 27.25  with any presence of alcohol and that the person submitted to a 
 27.26  test and the test results indicated an alcohol concentration of 
 27.27  0.04 or more, the commissioner of public safety shall disqualify 
 27.28  the person from operating a commercial motor vehicle under 
 27.29  section 171.165.  
 27.30     (g) If the person is a resident without a license or permit 
 27.31  to operate a motor vehicle in this state, the commissioner of 
 27.32  public safety shall deny to the person the issuance of a license 
 27.33  or permit for the same period after the date of the alleged 
 27.34  violation as provided herein for revocation, subject to review 
 27.35  as hereinafter provided. 
 27.36     Sec. 44.  Minnesota Statutes 1994, section 169.123, 
 28.1   subdivision 6, is amended to read: 
 28.2      Subd. 6.  [HEARING.] A hearing under this section shall be 
 28.3   before a municipal or county judge, in any county in the 
 28.4   judicial district where the alleged offense occurred.  The 
 28.5   hearing shall be to the court and may be conducted at the same 
 28.6   time and in the same manner as hearings upon pretrial motions in 
 28.7   the criminal prosecution under section 169.121, if any.  The 
 28.8   hearing shall be recorded.  The commissioner of public safety 
 28.9   shall appear and be represented by the attorney general or 
 28.10  through the prosecuting authority for the jurisdiction involved. 
 28.11     The hearing shall be held at the earliest practicable date, 
 28.12  and in any event no later than 60 days following the filing of 
 28.13  the petition for review.  The judicial district administrator 
 28.14  shall establish procedures to ensure efficient compliance with 
 28.15  the provisions of this subdivision.  To accomplish this, the 
 28.16  administrator may, whenever possible, consolidate and transfer 
 28.17  review hearings among the county courts within the judicial 
 28.18  district.  
 28.19     The scope of the hearing shall be limited to the issues of: 
 28.20     (1) whether the peace officer had probable cause to believe 
 28.21  the person was driving, operating, or in physical control of (i) 
 28.22  a motor vehicle while under the influence of alcohol or a 
 28.23  controlled substance, drugs, or hazardous substances, or (ii) a 
 28.24  commercial motor vehicle with any presence of alcohol, and 
 28.25  whether the person was lawfully placed under arrest for 
 28.26  violation of section 169.121 or 169.1211, or the person was 
 28.27  involved in a motor vehicle accident or collision resulting in 
 28.28  property damage, personal injury or death, or the person refused 
 28.29  to take a screening test provided for by section 169.121, 
 28.30  subdivision 6, or the screening test was administered and 
 28.31  recorded an alcohol concentration of 0.10 or more or the 
 28.32  presence of a drug or hazardous substance; and 
 28.33     (2) whether at the time of the request for the test the 
 28.34  peace officer informed the person of the person's rights and the 
 28.35  consequences of taking or refusing the test as required by 
 28.36  subdivision 2; and 
 29.1      (3) either (a) (i) whether the person refused to permit the 
 29.2   test, or (b) (ii) whether a test was taken and the test results 
 29.3   indicated an alcohol concentration of 0.10 or more or the 
 29.4   presence of a drug or hazardous substance at the time of 
 29.5   testing, or if a test was taken by a person driving, operating, 
 29.6   or in physical control of a commercial motor vehicle and the 
 29.7   test results indicated an alcohol concentration of 0.04 or more 
 29.8   at the time of testing; whether the testing method used was 
 29.9   valid and reliable; and whether the test results were accurately 
 29.10  evaluated. 
 29.11     It shall be an affirmative defense for the petitioner to 
 29.12  prove that, at the time of the refusal, the petitioner's refusal 
 29.13  to permit the test was based upon reasonable grounds. 
 29.14     Certified or otherwise authenticated copies of laboratory 
 29.15  or medical personnel reports, records, documents, licenses and 
 29.16  certificates shall be admissible as substantive evidence.  
 29.17     The court shall order that the revocation or 
 29.18  disqualification be either rescinded or sustained and forward 
 29.19  the order to the commissioner of public safety.  The court shall 
 29.20  file its order within 14 days following the hearing.  If the 
 29.21  revocation or disqualification is sustained, the court shall 
 29.22  also forward the person's driver's license or permit to the 
 29.23  commissioner of public safety for further action by the 
 29.24  commissioner of public safety if the license or permit is not 
 29.25  already in the commissioner's possession. 
 29.26     Sec. 45.  Minnesota Statutes 1994, section 360.0752, 
 29.27  subdivision 1, is amended to read: 
 29.28     Subdivision 1.  [DEFINITION DEFINITIONS.] As used in this 
 29.29  section and section 360.0753,: 
 29.30     (1) "operate" includes the acts of all crew members with 
 29.31  responsibility to operate the aircraft; 
 29.32     (2) "drug" has the meaning given in section 151.01, 
 29.33  subdivision 5, including controlled substances as defined in 
 29.34  section 152.01, subdivision 4; and 
 29.35     (3) "hazardous substance" has the meaning given in rules 
 29.36  adopted under section 182.655.  
 30.1      Sec. 46.  Minnesota Statutes 1994, section 360.0752, 
 30.2   subdivision 2, is amended to read: 
 30.3      Subd. 2.  [CRIME; ACTS PROHIBITED.] It is a crime for any 
 30.4   person to operate or attempt to operate an aircraft on or over 
 30.5   land or water within this state or over any boundary water of 
 30.6   this state: 
 30.7      (a) when the person is under the influence of alcohol; 
 30.8      (b) when the person is under the influence of a controlled 
 30.9   substance, as defined in section 152.01, subdivision 4 drug that 
 30.10  affects the nervous system, brain, or muscles of the person so 
 30.11  as to impair the person's ability to operate the aircraft; 
 30.12     (c) when the person is under the influence of a combination 
 30.13  of any two or more of the elements named in clauses (a), (b), 
 30.14  and (f); 
 30.15     (d) when the person's alcohol concentration is 0.04 or 
 30.16  more; 
 30.17     (e) when the person's alcohol concentration as measured 
 30.18  within two hours of the time of operation or attempted operation 
 30.19  is 0.04 or more; 
 30.20     (f) when the person is knowingly under the influence of any 
 30.21  chemical compound or combination of chemical compounds that is 
 30.22  listed as a hazardous substance in rules adopted under section 
 30.23  182.655 and that affects the nervous system, brain, or muscles 
 30.24  of the person so as to substantially impair the person's ability 
 30.25  to operate the aircraft; or 
 30.26     (g) within eight hours of having consumed any alcoholic 
 30.27  beverage or used any controlled substance.  
 30.28     Sec. 47.  Minnesota Statutes 1994, section 360.0752, 
 30.29  subdivision 5, is amended to read: 
 30.30     Subd. 5.  [EVIDENCE.] Upon the trial of any prosecution 
 30.31  arising out of acts alleged to have been committed by any person 
 30.32  arrested for operating or attempting to operate an aircraft in 
 30.33  violation of subdivision 2, the court may admit evidence of the 
 30.34  amount of alcohol or a controlled substance, drugs, or hazardous 
 30.35  substances in the person's blood, breath, or urine as shown by 
 30.36  an analysis of those items.  
 31.1      Evidence of the refusal to take a test is admissible into 
 31.2   evidence in a prosecution under this section.  
 31.3      If proven by a preponderance of the evidence, it shall be 
 31.4   an affirmative defense to a violation of subdivision 2, clause 
 31.5   (e), that the defendant consumed a sufficient quantity of 
 31.6   alcohol after the time of the violation and before the 
 31.7   administration of the evidentiary test to cause the defendant's 
 31.8   alcohol concentration to exceed 0.04; provided, that this 
 31.9   evidence may not be admitted unless notice is given to the 
 31.10  prosecution prior to the omnibus or pretrial hearing in the 
 31.11  matter.  
 31.12     The foregoing provisions do not limit the introduction of 
 31.13  any other competent evidence bearing upon the question whether 
 31.14  or not the person violated this section, including tests 
 31.15  obtained more than two hours after the alleged violation and 
 31.16  results obtained from partial tests on an infrared 
 31.17  breath-testing instrument.  A result from a partial test is the 
 31.18  measurement obtained by analyzing one adequate breath sample, as 
 31.19  defined in section 360.0753, subdivision 4, paragraph (b).  
 31.20     Sec. 48.  Minnesota Statutes 1994, section 360.0752, 
 31.21  subdivision 7, is amended to read: 
 31.22     Subd. 7.  [PRELIMINARY SCREENING TEST.] When a peace 
 31.23  officer has reason to believe that a person may be violating or 
 31.24  has violated subdivision 2, the officer may require the person 
 31.25  to provide a sample of the person's breath for a preliminary 
 31.26  screening test using a device approved by the commissioner of 
 31.27  public safety or the commissioner of transportation for this 
 31.28  purpose.  The results of this preliminary screening test shall 
 31.29  be used for the purpose of deciding whether to require the tests 
 31.30  authorized in section 360.0753, but shall not be used in any 
 31.31  court action except to prove that a test was properly required 
 31.32  of a person pursuant to section 360.0753.  Following the 
 31.33  screening test, additional tests may be required of the person 
 31.34  pursuant to the provisions of section 360.0753.  
 31.35     A person who refuses to furnish a sample of the person's 
 31.36  breath is subject to the provisions of section 360.0753 unless, 
 32.1   in compliance with section 360.0753, the person submits to a 
 32.2   blood, breath, or urine test to determine the presence of 
 32.3   alcohol or a controlled substance, drugs, or hazardous 
 32.4   substances.  
 32.5      Sec. 49.  Minnesota Statutes 1994, section 360.0753, 
 32.6   subdivision 2, is amended to read: 
 32.7      Subd. 2.  [IMPLIED CONSENT; CONDITIONS; ELECTION AS TO TYPE 
 32.8   OF TEST.] (a) Any person who operates or attempts to operate an 
 32.9   aircraft in or over this state or over any boundary water of 
 32.10  this state consents, subject to the provisions of this section 
 32.11  and section 360.0752, to a chemical test of that person's blood, 
 32.12  breath, or urine for the purpose of determining the presence of 
 32.13  alcohol or a controlled substance, drugs, or hazardous 
 32.14  substances.  The test shall be administered at the direction of 
 32.15  a peace officer.  The test may be required of a person when an 
 32.16  officer has probable cause to believe the person was operating 
 32.17  or attempting to operate an aircraft in violation of section 
 32.18  360.0752 and one of the following conditions exists:  
 32.19     (1) the person has been lawfully placed under arrest for 
 32.20  violation of section 360.0752; 
 32.21     (2) the person has been involved in an aircraft accident or 
 32.22  collision resulting in property damage, personal injury, or 
 32.23  death; 
 32.24     (3) the person has refused to take the screening test 
 32.25  provided for by section 360.0752; 
 32.26     (4) the screening test was administered and recorded an 
 32.27  alcohol concentration of 0.04 or more or the presence of a drug 
 32.28  or hazardous substance; or 
 32.29     (5) the officer had probable cause to believe that the 
 32.30  person was operating or attempting to operate an aircraft with 
 32.31  any amount of alcohol present in the person's body.  
 32.32     (b) At the time a test is requested, the person shall be 
 32.33  informed:  
 32.34     (1) that Minnesota law requires the person to take a test 
 32.35  to determine the presence of alcohol, drugs, or hazardous 
 32.36  substances or to determine if the person is under the influence 
 33.1   of alcohol or a controlled substance, drugs or hazardous 
 33.2   substances; 
 33.3      (2) that whether a test is taken or refused, the person may 
 33.4   be subject to criminal prosecution for an alcohol or controlled 
 33.5   substance, drug, or hazardous substance related offense relating 
 33.6   to the operation of an aircraft; 
 33.7      (3) that if testing is refused, the person may be subject 
 33.8   to criminal prosecution because the person refused testing and 
 33.9   the person will be disqualified from operating an aircraft for a 
 33.10  minimum period of one year; 
 33.11     (4) if the peace officer has probable cause to believe the 
 33.12  person has violated the criminal vehicular homicide and injury 
 33.13  laws, that a test will be taken with or without the person's 
 33.14  consent; and 
 33.15     (5) that the person has the right to consult with an 
 33.16  attorney, but that this right is limited to the extent that it 
 33.17  cannot unreasonably delay administration of the test.  
 33.18     (c) The peace officer who requires a test pursuant to this 
 33.19  subdivision may direct whether the test shall be of blood, 
 33.20  breath, or urine.  Action may be taken against a person who 
 33.21  refuses to take a blood test only if an alternative test was 
 33.22  offered, and action may be taken against a person who refuses to 
 33.23  take a urine test only if an alternative test was offered.  
 33.24     Sec. 50.  Minnesota Statutes 1994, section 360.0753, 
 33.25  subdivision 3, is amended to read: 
 33.26     Subd. 3.  [REQUIREMENT OF URINE OR BLOOD TEST.] 
 33.27  Notwithstanding subdivision 2, if there is probable cause to 
 33.28  believe there is impairment by a controlled drug or hazardous 
 33.29  substance that is not subject to testing by a breath test, then 
 33.30  a urine or blood test may be required even after a breath test 
 33.31  has been administered.  Action may be taken against a person who 
 33.32  refuses to take a blood test under this subdivision only if a 
 33.33  urine test was offered, and action may be taken against a person 
 33.34  who refuses to take a urine test only if a blood test was 
 33.35  offered.  
 33.36     Sec. 51.  Minnesota Statutes 1994, section 360.0753, 
 34.1   subdivision 6, is amended to read: 
 34.2      Subd. 6.  [MANNER OF MAKING TEST; ADDITIONAL TESTS.] (a) 
 34.3   Only a physician, medical technician, physician's trained mobile 
 34.4   intensive care paramedic, registered nurse, medical 
 34.5   technologist, or laboratory assistant acting at the request of a 
 34.6   peace officer may withdraw blood for the purpose of determining 
 34.7   the presence of alcohol or controlled substance, drugs, or 
 34.8   hazardous substances.  This limitation does not apply to the 
 34.9   taking of a breath or urine sample.  The person tested has the 
 34.10  right to have someone of the person's own choosing administer a 
 34.11  chemical test or tests in addition to any administered at the 
 34.12  direction of a peace officer; provided, that the additional test 
 34.13  sample on behalf of the person is obtained at the place where 
 34.14  the person is in custody, after the test administered at the 
 34.15  direction of a peace officer, and at no expense to the state. 
 34.16     (b) The failure or inability to obtain an additional test 
 34.17  or tests by a person shall not preclude the admission in 
 34.18  evidence of the test taken at the direction of a peace officer 
 34.19  unless the additional test was prevented or denied by the peace 
 34.20  officer. 
 34.21     (c) The physician, medical technician, physician's trained 
 34.22  mobile intensive care paramedic, medical technologist, 
 34.23  laboratory assistant, or registered nurse drawing blood at the 
 34.24  request of a peace officer for the purpose of 
 34.25  determining alcohol the concentration of alcohol, drugs, or 
 34.26  hazardous substances shall in no manner be liable in any civil 
 34.27  or criminal action except for negligence in drawing the blood.  
 34.28  The person administering a breath test shall be fully trained in 
 34.29  the administration of breath tests pursuant to training given by 
 34.30  the commissioner of public safety or the commissioner of 
 34.31  transportation. 
 34.32     Sec. 52.  Minnesota Statutes 1994, section 609.21, is 
 34.33  amended to read: 
 34.34     609.21 [CRIMINAL VEHICULAR HOMICIDE AND INJURY.] 
 34.35     Subdivision 1.  [CRIMINAL VEHICULAR HOMICIDE.] Whoever 
 34.36  causes the death of a human being not constituting murder or 
 35.1   manslaughter as a result of operating a motor vehicle, 
 35.2      (1) in a grossly negligent manner; 
 35.3      (2) in a negligent manner while under the influence of: 
 35.4      (i) alcohol,; 
 35.5      (ii) a controlled substance, drug that affects the nervous 
 35.6   system, brain, or muscles of the person so as to impair the 
 35.7   person's ability to operate the motor vehicle; or 
 35.8      (iii) any combination of those elements; 
 35.9      (3) while having an alcohol concentration of 0.10 or more; 
 35.10  or 
 35.11     (4) while having an alcohol concentration of 0.10 or more, 
 35.12  as measured within two hours of the time of driving, 
 35.13  is guilty of criminal vehicular homicide resulting in death and 
 35.14  may be sentenced to imprisonment for not more than ten years or 
 35.15  to payment of a fine of not more than $20,000, or both. 
 35.16     Subd. 2.  [RESULTING IN GREAT BODILY HARM.] Whoever causes 
 35.17  great bodily harm to another, not constituting attempted murder 
 35.18  or assault, as a result of operating a motor vehicle, 
 35.19     (1) in a grossly negligent manner; 
 35.20     (2) in a negligent manner while under the influence of: 
 35.21     (i) alcohol,; 
 35.22     (ii) a controlled substance, drug that affects the nervous 
 35.23  system, brain, or muscles of the person so as to impair the 
 35.24  person's ability to operate the motor vehicle; or 
 35.25     (iii) any combination of those elements; 
 35.26     (3) while having an alcohol concentration of 0.10 or more; 
 35.27  or 
 35.28     (4) while having an alcohol concentration of 0.10 or more, 
 35.29  as measured within two hours of the time of driving, 
 35.30  is guilty of criminal vehicular operation resulting in great 
 35.31  bodily harm and may be sentenced to imprisonment for not more 
 35.32  than five years or to payment of a fine of not more than 
 35.33  $10,000, or both. 
 35.34     Subd. 2a.  [RESULTING IN SUBSTANTIAL BODILY HARM.] Whoever 
 35.35  causes substantial bodily harm to another, as a result of 
 35.36  operating a motor vehicle, 
 36.1      (1) in a grossly negligent manner; 
 36.2      (2) in a negligent manner while under the influence of: 
 36.3      (i) alcohol,; 
 36.4      (ii) a controlled substance, drug that affects the nervous 
 36.5   system, brain, or muscles of the person so as to impair the 
 36.6   person's ability to operate the motor vehicle; or 
 36.7      (iii) any combination of those elements; 
 36.8      (3) while having an alcohol concentration of 0.10 or more; 
 36.9   or 
 36.10     (4) while having an alcohol concentration of 0.10 or more, 
 36.11  as measured within two hours of the time of driving, 
 36.12  is guilty of criminal vehicular operation resulting in 
 36.13  substantial bodily harm and may be sentenced to imprisonment for 
 36.14  not more than three years or to payment of a fine of not more 
 36.15  than $10,000, or both. 
 36.16     Subd. 3.  [RESULTING IN DEATH TO AN UNBORN CHILD.] Whoever 
 36.17  causes the death of an unborn child as a result of operating a 
 36.18  motor vehicle, 
 36.19     (1) in a grossly negligent manner; 
 36.20     (2) in a negligent manner while under the influence of: 
 36.21     (i) alcohol,; 
 36.22     (ii) a controlled substance, drug that affects the nervous 
 36.23  system, brain, or muscles of the person so as to impair the 
 36.24  person's ability to operate the motor vehicle; or 
 36.25     (iii) any combination of those elements; 
 36.26     (3) while having an alcohol concentration of 0.10 or more; 
 36.27  or 
 36.28     (4) while having an alcohol concentration of 0.10 or more, 
 36.29  as measured within two hours of the time of driving, 
 36.30  is guilty of criminal vehicular operation resulting in death to 
 36.31  an unborn child and may be sentenced to imprisonment for not 
 36.32  more than ten years or to payment of a fine of not more than 
 36.33  $20,000, or both.  A prosecution for or conviction of a crime 
 36.34  under this subdivision is not a bar to conviction of or 
 36.35  punishment for any other crime committed by the defendant as 
 36.36  part of the same conduct. 
 37.1      Subd. 4.  [RESULTING IN INJURY TO UNBORN CHILD.] Whoever 
 37.2   causes great bodily harm to an unborn child who is subsequently 
 37.3   born alive, as a result of operating a motor vehicle, 
 37.4      (1) in a grossly negligent manner; 
 37.5      (2) in a negligent manner while under the influence of:  
 37.6      (i) alcohol,; 
 37.7      (ii) a controlled substance, drug that affects the nervous 
 37.8   system, brain, or muscles of the person so as to impair the 
 37.9   person's ability to operate the motor vehicle; or 
 37.10     (iii) any combination of those elements; 
 37.11     (3) while having an alcohol concentration of 0.10 or more; 
 37.12  or 
 37.13     (4) while having an alcohol concentration of 0.10 or more, 
 37.14  as measured within two hours of the time of driving, 
 37.15  is guilty of criminal vehicular operation resulting in injury to 
 37.16  an unborn child and may be sentenced to imprisonment for not 
 37.17  more than five years or to payment of a fine of not more than 
 37.18  $10,000, or both.  A prosecution for or conviction of a crime 
 37.19  under this subdivision is not a bar to conviction of or 
 37.20  punishment for any other crime committed by the defendant as 
 37.21  part of the same conduct. 
 37.22     Subd. 5.  [DEFINITION.] For purposes of this section, the 
 37.23  terms defined in this subdivision have the meanings given them. 
 37.24     (a) "motor Motor vehicle" has the meaning given in section 
 37.25  609.52, subdivision 1. 
 37.26     (b) "Drug" has the meaning given in section 151.01, 
 37.27  subdivision 5, including controlled substances as defined in 
 37.28  section 152.01, subdivision 4.