Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 136-H.F.No. 825 
           An act relating to traffic regulations; amending the 
          implied consent law advisory; simplifying the contents 
          of a petition for judicial review under the implied 
          consent law; amending Minnesota Statutes 1990, section 
          169.123, subdivisions 2 and 5c. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, 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; 
      (2) the person has been involved in a motor vehicle 
accident or collision resulting in property damage, personal 
injury, or death; 
    (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.  
    The test may also be required of a person when an officer 
has probable cause to believe the person was driving, operating, 
or in physical control of a commercial motor vehicle with the 
presence of any alcohol. 
    (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 or, if the motor vehicle was a commercial 
motor vehicle, that Minnesota law requires the person to take a 
test to determine the presence of alcohol; 
    (2) that if testing is refused, the person may be subject 
to criminal penalties, and 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 and, if 
the vehicle was a commercial motor vehicle, that the person will 
be disqualified from operating a commercial motor vehicle for a 
minimum period of one year; 
    (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 
an alcohol concentration of 0.10 or more, the person's right to 
drive may will 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, and, if the vehicle was a commercial motor 
vehicle, that if the test results indicate the presence of any 
alcohol, the person will be prohibited from operating a 
commercial motor vehicle for 24 hours from issuance of an 
out-of-service order, and if the results indicate an alcohol 
concentration of 0.04 or more, the person will be subject to 
criminal penalties and will be disqualified from operating a 
commercial motor vehicle for a minimum period of one year; 
    (4) that whether a test is taken or refused, the person may 
be subject to criminal prosecution for an alcohol or controlled 
substance related driving offense; 
    (5) that if testing is refused and the person's right to 
drive has been revoked once within the past five years or two or 
more times within the past ten years for an alcohol or 
controlled substance related driving offense, the person may be 
subject to criminal prosecution because the person refused 
testing; 
     (6) 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) (7) that if the person refuses to take a test, the 
refusal will may 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.  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 1990, section 169.123, 
subdivision 5c, is amended to read: 
    Subd. 5c.  [PETITION FOR JUDICIAL REVIEW.] Within 30 days 
following receipt of a notice and order of revocation or 
disqualification pursuant to this section, a person may petition 
the court for review, unless the person is entitled to review 
under section 171.166.  The petition shall be filed with the 
district court administrator in the county where the alleged 
offense occurred, together with proof of service of a copy on 
the commissioner of public safety, and accompanied by the 
standard filing fee for civil actions.  No responsive pleading 
shall be required of the commissioner of public safety, and no 
court fees shall be charged for the appearance of the 
commissioner of public safety in the matter.  
     The petition shall be captioned in the full name of the 
person making the petition as petitioner and the commissioner of 
public safety as respondent.  The petition must include the 
petitioner's date of birth, driver's license number, and date of 
the offense.  The petition shall state with specificity the 
grounds upon which the petitioner seeks rescission of the order 
of revocation, disqualification, or denial and state the facts 
underlying each claim asserted. 
    The filing of the petition shall not stay the revocation, 
disqualification, or denial.  The reviewing court may order a 
stay of the balance of the revocation or disqualification if the 
hearing has not been conducted within 60 days after filing of 
the petition upon terms the court deems proper.  Judicial 
reviews shall be conducted according to the rules of civil 
procedure. 
    Sec. 3.  [EFFECTIVE DATE.] 
    Section 2 is effective the day after final enactment. 
    Presented to the governor May 17, 1991 
    Signed by the governor May 21, 1991, 1:32 p.m.