Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 225-H.F.No. 690 
           An act relating to traffic regulations; requiring a 
          blood or urine test when there is probable cause to 
          believe there is impairment by a controlled substance; 
          requiring alternative test to be offered under certain 
          conditions; providing for a study to determine the 
          necessity of certain other testing; amending Minnesota 
          Statutes 1986, section 169.123, subdivisions 2 and 2a. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, 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 or upon the ice of 
any boundary water of this state consents, subject to the 
provisions of this section and section 169.121, to a chemical 
test of that person's 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 probable cause 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 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.  
    (b) At the time a test is requested, the person shall be 
informed: 
    (1) that Minnesota law requires the person to take a test 
to determine if the person is under the influence of alcohol or 
a controlled substance;  
    (2) that if testing is refused, the person's right to drive 
will be revoked for a minimum period of one year or, if the 
person is under the age of 18 years, for a period of one year or 
until the person reaches the age of 18 years, whichever is 
greater; 
    (3) 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 or, if the person is under the age of 18 years, for a 
period of six months or until the person reaches the age of 18 
years, whichever is greater; 
    (4) that after submitting to testing, the person has the 
right to consult with an attorney and to have additional tests 
made by someone of the person's own choosing; and 
    (5) that if the person refuses to take a test, the refusal 
will be offered into evidence against the person at trial. 
    (c) The peace officer who requires a test pursuant to this 
subdivision may direct whether the test shall be of blood, 
breath, or urine.  However, if the officer directs that the test 
shall be of a person's blood or urine, the person may choose 
whether the test shall be of blood or urine Action may be taken 
against a person who refuses to take a blood test only if an 
alternative test was offered and action may be taken against a 
person who refuses to take a urine test only if an alternative 
test was offered. 
     Sec. 2.  Minnesota Statutes 1986, section 169.123, 
subdivision 2a, is amended to read: 
    Subd. 2a.  [REQUIREMENT OF URINE OR BLOOD TEST.] 
Notwithstanding subdivision 2, if there are reasonable and 
probable grounds is probable cause to believe there is 
impairment by a controlled substance which that is not subject 
to testing by a blood or breath test, a urine or blood test may 
be required even after a blood or breath test has been 
administered.  Action may be taken against a person who refuses 
to take a blood test under this subdivision only if a urine test 
was offered and action may be taken against a person who refuses 
to take a urine test only if a blood test was offered. 
     Sec. 3.  [STUDY OF NEED FOR ADDITIONAL TESTING FOR 
CONTROLLED SUBSTANCES.] 
    The commissioner of public safety shall study the need for 
requiring persons suspected of driving under the influence, and 
persons involved in motor vehicle accidents, to submit to blood 
or urine tests for controlled substances, in addition to breath 
tests.  The commissioner must report the results of the study to 
the appropriate committees of the legislature by December 1, 
1987.  The study must evaluate whether requiring testing for 
controlled substances would: 
    (1) improve the accuracy of statistics kept by the 
department on the number of accidents and driving under the 
influence cases that involve controlled substances; and 
    (2) increase the likelihood of convicting persons driving 
under the influence of controlled substances. 
    Approved May 26, 1987