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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language


  

                         Laws of Minnesota 1983 

                        CHAPTER 306--S.F.No. 473
           An act relating to highway traffic regulations; 
          permitting interjurisdictional fresh pursuit of 
          drivers suspected of driving under the influence of 
          alcohol or a controlled substance; removing 
          restrictions on use at trial of accused's refusal to 
          take a chemical test; providing that a suspect be 
          informed that refusal to take a chemical test will be 
          used against him at trial; eliminating mandatory 
          detoxification of intoxicated drivers; amending 
          Minnesota Statutes 1982, sections 169.121, 
          subdivisions 1, 2, 3, and by adding a subdivision; 
          169.123, subdivisions 2 and 3; repealing Minnesota 
          Statutes 1982, section 169.1231. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:  
    Section 1.  Minnesota Statutes 1982, section 169.121, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CRIME.] It is a misdemeanor for any person 
to drive, operate or be in physical control of any motor vehicle 
within this state: 
    (a) When the person is under the influence of alcohol; 
    (b) When the person is under the influence of a controlled 
substance; 
    (c) When the person is under the influence of a combination 
of any two or more of the elements named in clauses (a) and (b); 
or 
    (d) When the person's alcohol concentration is 0.10 or more.
    The provisions of this subdivision apply, but are not 
limited in application, to any person who drives, operates, or 
is in physical control of any motor vehicle in the manner 
prohibited by this subdivision upon the ice of any lake, stream, 
or river, including but not limited to the ice of any boundary 
water. 
    When an accident has occurred, a peace officer may lawfully 
arrest a person for violation of this section without a warrant 
upon probable cause, without regard to whether the violation was 
committed in the officer's presence.  
    Sec. 2.  Minnesota Statutes 1982, section 169.121, is 
amended by adding a subdivision to read: 
     Subd. 1a.  [ARREST.] When an accident has occurred, a peace 
officer may lawfully arrest a person for violation of 
subdivision 1 without a warrant upon probable cause, without 
regard to whether the violation was committed in the officer's 
presence.  
    When a peace officer has probable cause to believe that a 
person is driving or operating a motor vehicle in violation of 
subdivision 1, and before a stop or arrest can be made the 
person escapes from the geographical limits of the officer's 
jurisdiction, the officer in fresh pursuit of the person may 
stop or arrest the person in another jurisdiction within this 
state and may exercise the powers and perform the duties of a 
peace officer under sections 169.121 and 169.123.  An officer 
acting in fresh pursuit pursuant to this subdivision is serving 
in his regular line of duty as fully as though he was within his 
jurisdiction.  
    The express grant of arrest powers in this subdivision does 
not limit the arrest powers of peace officers pursuant to 
sections 626.65 to 626.70 or section 629.40 in cases of arrests 
for violation of subdivision 1 or any other provision of law.  
    Sec. 3.  Minnesota Statutes 1982, section 169.121, 
subdivision 2, is amended to read: 
    Subd. 2.  [EVIDENCE.] Upon the trial of any prosecution 
arising out of acts alleged to have been committed by any person 
arrested for driving, operating, or being in physical control of 
a motor vehicle in violation of subdivision 1, the court may 
admit evidence of the amount of alcohol or a controlled 
substance in the person's blood, breath, or urine as shown by a 
medical or chemical analysis thereof of it, if the test is taken 
voluntarily or pursuant to section 169.123. 
    For the purposes of this subdivision: 
    (a) evidence that there was at the time an alcohol 
concentration of 0.05 or less is prima facie evidence that the 
person was not under the influence of alcohol; 
    (b) evidence that there was at the time an alcohol 
concentration of more than 0.05 and less than 0.10 is relevant 
evidence in indicating whether or not the person was under the 
influence of alcohol. 
    Evidence of the absence of tests refusal to take a test is 
admissible into evidence in a prosecution under this section 
without any comment and with a jury instruction, where 
applicable, that there shall be no speculation as to the reason 
for the absence and that no inference is to be drawn from the 
absence or an ordinance in conformity with it.  
    For purposes of this section and section 169.123, the 
result of an evidentiary test administered within two hours of 
the alleged violation is deemed to be the alcohol concentration 
at the time of the violation.  
    The foregoing provisions do not limit the introduction of 
any other competent evidence bearing upon the question whether 
or not the person was under the influence of alcohol or a 
controlled substance, including tests obtained more than two 
hours after the alleged violation. 
    Sec. 4.  Minnesota Statutes 1982, section 169.121, 
subdivision 3, is amended to read:  
    Subd. 3.  [CRIMINAL PENALTIES.] A person who violates this 
section or an ordinance in conformity therewith with it is 
guilty of a misdemeanor. 
    The following persons are guilty of a gross misdemeanor:  
    (a) A person who violates this section or an ordinance in 
conformity therewith with it within five years of a prior 
conviction under this section, section 169.129, or an ordinance 
or statute from another state in conformity therewith with it; 
and 
    (b) A person who violates this section or an ordinance in 
conformity therewith with it within ten years of two or more 
prior convictions under this section, section 169.129, or an 
ordinance or statute from another state in conformity therewith 
with it.  
    The attorney in the jurisdiction in which the violation 
occurred who is responsible for prosecution of misdemeanor 
violations of this section shall also be responsible for 
prosecution of gross misdemeanor violations of this section.  
    Sec. 5.  Minnesota Statutes 1982, section 169.123, 
subdivision 2, is amended to read: 
    Subd. 2.  [IMPLIED CONSENT; CONDITIONS; ELECTION AS TO TYPE 
OF TEST.] (a) Any person who drives, operates, or is in physical 
control of a motor vehicle within this state consents, subject 
to the provisions of this section and section 169.121, to a 
chemical test of his blood, breath, or urine for the purpose of 
determining the presence of alcohol or a controlled substance.  
The test shall be administered at the direction of a peace 
officer.  The test may be required of a person when an officer 
has reasonable and probable grounds to believe the person was 
driving, operating, or in physical control of a motor vehicle in 
violation of section 169.121 and one of the following conditions 
exist:  (1) the person has been lawfully placed under arrest for 
violation of section 169.121, or an ordinance in conformity 
therewith with it; or (2) the person has been involved in a 
motor vehicle accident or collision resulting in property 
damage, personal injury, or death; or (3) the person has refused 
to take the screening test provided for by section 169.121, 
subdivision 6; or (4) the screening test was administered and 
recorded an alcohol concentration of 0.10 or more.  No action 
may be taken against the person for declining to take a direct 
blood test, if offered, unless an alternative test was offered. 
    (b) At the time a chemical test specimen is requested, the 
person shall be informed: 
    (1) that if testing is refused, the person's right to drive 
will be revoked for a minimum period of six months; and 
    (2) that if a test is taken and the results indicate that 
the person is under the influence of alcohol or a controlled 
substance, the person will be subject to criminal penalties and 
the person's right to drive may be revoked for a minimum period 
of 90 days; and 
    (3) that the person has a right to consult with an attorney 
but that this right is limited to the extent that it cannot 
unreasonably delay administration of the test or the person will 
be deemed to have refused the test; and 
    (4) that after submitting to testing, the person has the 
right to have additional tests made by a person of his own 
choosing; and 
    (5) that if he refuses to take a test, the refusal will be 
offered into evidence against him at trial. 
    Sec. 6.  Minnesota Statutes 1982, section 169.123, 
subdivision 3, is amended to read: 
    Subd. 3.  [MANNER OF MAKING TEST; ADDITIONAL TESTS.] Only a 
physician, medical technician, physician's trained mobile 
intensive care paramedic, registered nurse, medical technologist 
or laboratory assistant acting at the request of a peace officer 
may withdraw blood for the purpose of determining the presence 
of alcohol or controlled substance.  This limitation does not 
apply to the taking of a breath or urine specimen.  The person 
tested has the right to have a person of his own choosing 
administer a chemical test or tests in addition to any 
administered at the direction of a peace officer; provided, that 
the additional test specimen on behalf of the person is obtained 
at the place where the person is in custody, after the test 
administered at the direction of a peace officer, and at no 
expense to the state.  The failure or inability to obtain an 
additional test or tests by a person shall not preclude the 
admission in evidence of the test taken at the direction of a 
peace officer unless the additional test was prevented or denied 
by the peace officer.  The physician, medical technician, 
physician's trained mobile intensive care paramedic, medical 
technologist, laboratory assistant or registered nurse drawing 
blood at the request of a peace officer for the purpose of 
determining alcohol concentration shall in no manner be liable 
in any civil or criminal action except for negligence in drawing 
the blood.  The person administering a breath test at the 
request and direction of a peace officer shall be fully trained 
in the administration of the breath tests pursuant to training 
standards promulgated by rule given by the commissioner of 
public safety. 
    Sec. 7.  [REPEALER.] 
    Minnesota Statutes 1982, section 169.1231, is repealed.  
    Sec. 8.  [EFFECTIVE DATE.] 
     Sections 1 to 5 are effective August 1, 1983.  Sections 6 
and 7 are effective the day following final enactment. 
    Approved June 9, 1983