Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 650-S.F.No. 321 
           An act relating to public safety; expanding the crimes 
          of driving a motor vehicle or a motorboat while under 
          the influence of alcohol or certain substances; 
          amending Minnesota Statutes 1986, sections 169.121, 
          subdivisions 1 and 2; and 361.12, subdivisions 1 and 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, 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 or upon the ice of any boundary water of this 
state: 
    (a) when the person is under the influence of alcohol; 
    (b) when the person is under the influence of a controlled 
substance, as defined in section 152.01, subdivision 4; 
    (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), and (f); 
    (d) when the person's alcohol concentration is 0.10 or more;
or 
    (e) when the person's alcohol concentration as measured 
within two hours of the time of driving is 0.10 or more; or 
    (f) when the person is knowingly under the influence of any 
chemical compound or combination of chemical compounds that is 
listed as a hazardous substance in rules adopted under section 
182.655 and that affects the nervous system, brain, or muscles 
of the person so as to substantially impair the person's ability 
to drive or operate the motor vehicle. 
    Sec. 2.  Minnesota Statutes 1986, 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 an 
analysis of those items. 
    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 refusal to take a test is admissible into 
evidence in a prosecution under this section or an ordinance in 
conformity with it.  
    If proven by a preponderance of the evidence, it shall be 
an affirmative defense to a violation of subdivision 1, clause 
(e), that the defendant consumed a sufficient quantity of 
alcohol after the time of actual driving, operating, or physical 
control of a motor vehicle and before the administration of the 
evidentiary test to cause the defendant's alcohol concentration 
to exceed 0.10.  Provided, that this evidence may not be 
admitted unless notice is given to the prosecution prior to the 
omnibus or pretrial hearing in the matter.  
    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 violated this section, including tests 
obtained more than two hours after the alleged violation and 
results obtained from partial tests on an infrared 
breath-testing instrument.  A result from a partial test is the 
measurement obtained by analyzing one adequate breath sample, as 
defined in section 169.123, subdivision 2b, paragraph (b). 
    Sec. 3.  Minnesota Statutes 1986, section 361.12, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ACTS PROHIBITED.] (a) No person shall 
operate or be in physical control of any motorboat while 
underway or in use on the waters of this state while under the 
influence of: 
    (1) alcohol, as provided in section 169.121, subdivision 1, 
clauses (a) and (d);  
    (2) a controlled or other substance, as defined provided in 
section 152.01, subdivision 4 169.121, subdivision 1; or 
    (3) a combination of any two or more of the elements named 
in clauses (1) and (2).  
    (b) No owner or other person having charge or control of 
any motorboat shall authorize or permit any individual the 
person knows or has reason to believe is under the influence of 
alcohol or a controlled or other substance, as provided under 
paragraph (a), to operate the motorboat while underway or in use 
on the waters of this state. 
    (c) No owner or other person having charge or control of 
any motorboat shall knowingly authorize or permit any person, 
who by reason of any physical or mental disability is incapable 
of operating the motorboat, to operate the motorboat while 
underway or in use on the waters of this state. 
    Sec. 4.  Minnesota Statutes 1986, section 361.12, 
subdivision 4, is amended to read: 
    Subd. 4.  [EVIDENCE.] (a) Upon the trial of any prosecution 
arising out of acts alleged to have been committed by any person 
arrested for operating or being in physical control of any 
motorboat in violation of subdivision 1, paragraph (a), 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 an analysis of those items. 
    (b) For the purposes of this subdivision: 
    (1) 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; 
    (2) 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. 
    (c) Evidence of the refusal to take a preliminary screening 
test required under subdivision 3 or a chemical test required 
under section 361.121 is admissible into evidence in a 
prosecution under this section. 
    (d) This subdivision does 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 violated this section, including results 
obtained from partial tests on an infrared breath-testing 
instrument.  A result from a partial test is the measurement 
obtained by analyzing one adequate breath sample.  A sample is 
adequate if the instrument analyzes the sample and does not 
indicate the sample is deficient. 
    Sec. 5.  [EFFECTIVE DATE.] 
    Sections 1 to 4 are effective August 1, 1988, and apply to 
crimes committed on or after that date. 
    Approved April 26, 1988