Office of the Revisor of Statutes
Minnesota Session Laws - 1997, 1st Special Session
Key: (1) language to be deleted (2) new language
CHAPTER 2-S.F.No. 1
An act relating to crimes; driving while impaired;
creating a zero-tolerance alcohol concentration
standard for school bus drivers; advancing criminal
penalties and administrative sanctions for committing
a DWI crime while having an alcohol concentration of
0.20 or more; expanding DWI laws to include
snowmobiles, all-terrain vehicles, and motorboats and
repealing the separate DWI laws relating to those
recreational vehicles; authorizing the imposition of a
penalty assessment of up to $1,000 for persons driving
motor vehicles with an alcohol concentration of 0.20
or more; creating an enhanced gross misdemeanor-level
DWI crime and restructuring criminal penalties for
DWI, including the provision of mandatory minimum
periods of incarceration and home detention for repeat
DWI offenders; mandating pretrial and posttrial
electronic alcohol monitoring for certain offenders;
advancing license plate impoundment and motor vehicle
forfeiture by one offense; providing an administrative
process for forfeiture and permitting it to be based
on license revocation; authorizing peace officers to
stop vehicles bearing special series license plates;
enhancing criminal penalties for repeat violations
involving commercial motor vehicles; authorizing the
use of preliminary breath tests results for
prosecuting certain driving offenses; making technical
changes; providing enhanced criminal penalties and
civil sanctions; appropriating money; amending
Minnesota Statutes 1996, sections 84.83, subdivision
5; 84.91, subdivision 1; 84.911, subdivision 7;
84.927, subdivision 1; 86B.331, subdivision 1;
86B.705, subdivision 2; 97A.065, subdivision 2;
97B.066, subdivision 5, and by adding subdivisions;
168.042, subdivisions 1, as amended, 2, 4, 9, 11, and
by adding a subdivision; 169.01, subdivision 75, and
by adding subdivisions; 169.121, subdivisions 1, 1c,
2, 3, 3b, 3c, 4, as amended, 6, 11, and by adding
subdivisions; 169.1211, subdivision 1, and by adding
subdivisions; 169.1217, as amended; 169.1218; 169.123,
subdivisions 1, 4, 5c, and 6; 169.126, subdivision 1;
169.1261; 169.129; 171.07, by adding a subdivision;
171.12, by adding a subdivision; 171.19, as amended;
171.20, subdivision 4; 171.30, by adding a
subdivision; 340A.503, subdivision 2; 364.09, as
amended; 609.02, subdivision 2, and by adding a
subdivision; 609.105; 609.135, subdivision 2, as
amended; 609.15, subdivision 2; 609.487, by adding a
subdivision; and 634.15, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapter 168;
repealing Minnesota Statutes 1996, sections 84.873;
84.91, subdivisions 2, 3, 4, 5, 5a, 6, 7, and 8;
84.911, subdivisions 1, 2, 3, 4, 5, and 6; 84.912;
84.9254; 86B.331, subdivisions 2, 3, 4, 5, 5a, 6, 7,
and 8; 86B.335, subdivisions 1, 2, 3, 4, 5, 6, 7, 8,
9, 10, 11, and 12; 86B.337; 97B.066, subdivision 6;
and 169.121, subdivision 3a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1996, section 84.83,
subdivision 5, is amended to read:
Subd. 5. [FINES AND FORFEITED BAIL.] The disposition of
fines and forfeited bail collected from prosecutions of
violations of sections 84.81 to 84.91, and violations of section
169.121 that involve off-road recreational vehicles, as defined
in section 169.01, subdivision 84, are governed by section
97A.065.
Sec. 2. Minnesota Statutes 1996, section 84.91,
subdivision 1, is amended to read:
Subdivision 1. [ACTS PROHIBITED.] (a) No person shall
operate or be in physical control of any snowmobile or
all-terrain vehicle anywhere in this state or on the ice of any
boundary water of this state:
(1) when the person is under the influence of alcohol;
(2) when the person is under the influence of a controlled
substance, as defined in section 152.01, subdivision 4;
(3) when the person is under the influence of a combination
of any two or more of the elements named in clauses (1), (2),
and (6);
(4) when the person's alcohol concentration is 0.10 or
more;
(5) when the person's alcohol concentration as measured
within two hours of the time of operating is 0.10 or more; or
(6) 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 operate the snowmobile or all-terrain vehicle.
(b) No owner or other person having charge or control of
any snowmobile or all-terrain vehicle shall authorize or permit
any individual the person knows or has reason to believe is
under the influence of alcohol or a controlled substance or
other substance, as provided under paragraph (a), to operate the
snowmobile or all-terrain vehicle anywhere in this state or on
the ice of any boundary water of this state.
(c) (b) No owner or other person having charge or control
of any snowmobile or all-terrain vehicle shall knowingly
authorize or permit any person, who by reason of any physical or
mental disability is incapable of operating the vehicle, to
operate the snowmobile or all-terrain vehicle anywhere in this
state or on the ice of any boundary water of this state.
(c) A person who operates or is in physical control of a
snowmobile or all-terrain vehicle anywhere in this state or on
the ice of any boundary water of this state is subject to
sections 169.121 to 169.1218 and 169.123 to 169.129. In
addition to the applicable sanctions under chapter 169, a person
who is convicted of violating section 169.121 while operating a
snowmobile or all-terrain vehicle, or who refuses to comply with
a lawful request to submit to testing under section 169.123,
shall be prohibited from operating the snowmobile or all-terrain
vehicle for a period of one year. The commissioner shall notify
the convicted person of the period during which the person is
prohibited from operating a snowmobile or all-terrain vehicle.
(d) Administrative and judicial review of the operating
privileges prohibition is governed by section 97B.066,
subdivisions 7 to 9, if the person does not have a prior
impaired driving conviction or prior license revocation, as
defined in section 169.121, subdivision 3. Otherwise,
administrative and judicial review of the prohibition is
governed by section 169.123.
(e) The court shall promptly forward to the commissioner
and the department of public safety copies of all convictions
and criminal and civil sanctions imposed under this section and
chapter 169 relating to snowmobiles and all-terrain vehicles.
(f) A person who violates paragraph (a) or (b), or an
ordinance in conformity with either of them, is guilty of a
misdemeanor.
Sec. 3. Minnesota Statutes 1996, section 84.911,
subdivision 7, is amended to read:
Subd. 7. [CORONER TO REPORT DEATH.] Every coroner or
medical examiner shall report in writing to the department of
natural resources the death of any person within the
jurisdiction of the coroner or medical examiner as the result of
an accident involving a an off-road recreational motor vehicle,
as defined in section 84.90, subdivision 1 169.01, subdivision
86, and the circumstances of the accident. The report shall be
made within 15 days after the death.
In the case of drivers killed in off-road recreational
motor vehicle accidents and of the death of passengers 14 years
of age or older, who die within four hours after accident, the
coroner or medical examiner shall examine the body and shall
make tests as are necessary to determine the presence and
percentage concentration of alcohol, and drugs if feasible, in
the blood of the victim. This information shall be included in
each report submitted pursuant to the provisions of this
subdivision and shall be tabulated by the department of natural
resources. Periodically, the commissioner of natural resources
must transmit a summary of the reports to the commissioner of
public safety.
Sec. 4. Minnesota Statutes 1996, section 84.927,
subdivision 1, is amended to read:
Subdivision 1. [REGISTRATION REVENUE.] Fees from the
registration of all-terrain vehicles and the unrefunded gasoline
tax attributable to all-terrain vehicle use under section
296.16, as well as the net proceeds from the sale of all-terrain
vehicles forfeited pursuant to section 84.912 169.1217, shall be
deposited in the state treasury and credited to the all-terrain
vehicle account in the natural resources fund.
Sec. 5. Minnesota Statutes 1996, section 86B.331,
subdivision 1, is amended to read:
Subdivision 1. [ACTS PROHIBITED.] (a) A person may not
operate or be in physical control of a motorboat in operation on
the waters of this state:
(1) when the person is under the influence of alcohol;
(2) when the person is under the influence of a controlled
substance, as defined in section 152.01, subdivision 4;
(3) when the person is under the influence of a combination
of any two or more of the elements named in clauses (1), (2),
and (6);
(4) when the person's alcohol concentration is 0.10 or
more;
(5) when the person's alcohol concentration as measured
within two hours of the time of operating is 0.10 or more; or
(6) 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 operate the motorboat.
(b) An owner or other person having charge or control of a
motorboat may not authorize or allow an 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 in operation on the waters of this
state.
(c) (b) An owner or other person having charge or control
of a motorboat may not knowingly authorize or allow a person,
who by reason of a physical or mental disability is incapable of
operating the motorboat, to operate the motorboat in operation
on the waters of this state.
(c) A person who operates or is in physical control of a
motorboat on the waters of this state is subject to sections
169.121 to 169.1218 and 169.123 to 169.129. In addition to the
applicable sanctions under chapter 169, a person who is
convicted of violating section 169.121 while operating a
motorboat, shall be prohibited from operating the motorboat on
the waters of this state for a period of 90 days between May 1
and October 31, extending over two consecutive years if
necessary. If the person operating the motorboat refuses to
comply with a lawful demand to submit to testing under section
169.123, the person shall be prohibited from operating the
motorboat for a period of one year. The commissioner shall
notify the convicted person of the period during which the
person is prohibited from operating a motorboat.
(d) Administrative and judicial review of the operating
privileges prohibition is governed by section 97B.066,
subdivision 7 to 9, if the person does not have a prior impaired
driving conviction or prior license revocation, as defined in
section 169.121, subdivision 3. Otherwise, administrative and
judicial review of the prohibition is governed by section
169.123.
(e) The court shall promptly forward to the commissioner
and the department of public safety copies of all convictions
and criminal and civil sanctions imposed under this section and
chapter 169 relating to motorboats.
(f) A person who violates paragraph (a) or (b), or an
ordinance in conformity with either of them, is guilty of a
misdemeanor.
(d) (g) For purposes of this subdivision, a motorboat "in
operation" does not include a motorboat that is anchored,
beached, or securely fastened to a dock or other permanent
mooring, or a motorboat that is being rowed or propelled by
other than mechanical means.
Sec. 6. Minnesota Statutes 1996, section 86B.705,
subdivision 2, is amended to read:
Subd. 2. [FINES AND BAIL MONEY.] (a) All fines,
installment payments, and forfeited bail money collected from
persons convicted of violations of this chapter, or of a
violation of section 169.121 involving a motorboat, shall be
paid to the county treasurer of the county where the violation
occurred by the court administrator or other person collecting
the money within 15 days after the last day of the month the
money was collected.
(b) One-half of the receipts shall be credited to the
general revenue fund of the county. The other one-half of the
receipts shall be transmitted by the county treasurer to the
commissioner of natural resources to be deposited in the state
treasury and credited to the water recreation account for the
purpose of boat and water safety.
Sec. 7. Minnesota Statutes 1996, section 97A.065,
subdivision 2, is amended to read:
Subd. 2. [FINES AND FORFEITED BAIL.] (a) Fines and
forfeited bail collected from prosecutions of violations of:
the game and fish laws,; sections 84.091 to 84.15, and; sections
84.81 to 84.88,; section 169.121, when the violation involved an
off-road recreational vehicle as defined in section 169.01,
subdivision 86; chapter 348,; and any other law relating to wild
animals, and or aquatic vegetation, must be paid to the
treasurer of the county where the violation is prosecuted. The
county treasurer shall submit one-half of the receipts to the
commissioner and credit the balance to the county general
revenue fund except as provided in paragraphs (b), (c), and (d).
(b) The commissioner must reimburse a county, from the game
and fish fund, for the cost of keeping prisoners prosecuted for
violations under this section if the county board, by
resolution, directs: (1) the county treasurer to submit all
fines and forfeited bail to the commissioner; and (2) the county
auditor to certify and submit monthly itemized statements to the
commissioner.
(c) The county treasurer shall indicate the amount of the
receipts that are assessments or surcharges imposed under
section 609.101 and shall submit all of those receipts to the
commissioner. The receipts must be credited to the game and
fish fund to provide peace officer training for persons employed
by the commissioner who are licensed under section 626.84,
subdivision 1, clause (c), and who possess peace officer
authority for the purpose of enforcing game and fish laws.
(d) The county treasurer shall submit one-half of the
receipts collected under paragraph (a) from prosecutions of
violations of sections 84.81 to 84.91, and 169.121, including
receipts that are assessments or surcharges imposed under
section 609.101, to the commissioner and credit the balance to
the county general fund. The commissioner shall credit these
receipts to the snowmobile trails and enforcement account in the
natural resources fund.
Sec. 8. Minnesota Statutes 1996, section 97B.066,
subdivision 5, is amended to read:
Subd. 5. [CHEMICAL TESTS.] Chemical tests administered
under this section are governed by section 86B.335, subdivisions
8, 9, and 10 169.123, subdivisions 2b, 2c, and 3.
Sec. 9. Minnesota Statutes 1996, section 97B.066, is
amended by adding a subdivision to read:
Subd. 7. [ADMINISTRATIVE REVIEW.] (a) At any time during
the period of prohibition or revocation imposed under this
section, the person may request in writing a review of the order
imposing sanctions under this section. If the person makes a
request for administrative review within 30 days following
receipt of a notice and order imposing sanctions, the request
shall stay imposition of the civil penalty. Upon receiving the
request for review, the commissioner or the commissioner's
designee shall review the order, the evidence upon which the
order was based, and other material information brought to the
attention of the commissioner and determine whether sufficient
cause exists to sustain the order.
(b) Within 15 days after receiving the request, the
commissioner shall issue a written report ordering that the
prohibition, revocation, or civil penalty be either sustained or
rescinded. The review provided in this subdivision is not
subject to the contested case provisions of the Administrative
Procedure Act under chapter 14. The availability of
administrative review does not have an effect upon the
availability of judicial review under this section.
Sec. 10. Minnesota Statutes 1996, section 97B.066, is
amended by adding a subdivision to read:
Subd. 8. [JUDICIAL REVIEW.] (a) Within 30 days following
receipt of a notice and order imposing sanctions under this
section, a person may petition the court for review. The
petition must be filed with the district court administrator in
the county where the incident occurred giving rise to the test
demand and refusal, together with proof of service of a copy on
the commissioner and the prosecuting authority for misdemeanor
offenses for the jurisdiction in which the incident occurred. A
responsive pleading is not required of the commissioner of
natural resources, and court fees may not be charged for the
appearance of the representative of the commissioner in the
matter.
(b) The petition must be captioned in the name of the
person making the petition as petitioner and the commissioner as
respondent. The petition must state specifically the grounds
upon which the petitioner seeks rescission of the order imposing
sanctions.
(c) The filing of the petition does not stay the revocation
or prohibition against hunting. However, the filing of a
petition stays imposition of the civil penalty. The judicial
review shall be conducted according to the rules of civil
procedure.
Sec. 11. Minnesota Statutes 1996, section 97B.066, is
amended by adding a subdivision to read:
Subd. 9. [HEARING.] (a) A hearing under this section must
be before a district court judge in the county where the
incident occurred which gave rise to the test demand and
refusal. The hearing must be to the court and may be conducted
at the same time as hearings upon pretrial motions in the
criminal prosecution under section 97B.065. The hearing must be
recorded. The commissioner must be represented by the
prosecuting authority for misdemeanor offenses for the
jurisdiction in which the incident occurred which gave rise to
the test demand and refusal.
(b) The hearing must be held at the earliest practicable
date and in any event no later than 60 days following the filing
of the petition for review. The reviewing court may order a
temporary stay of the balance of the prohibition or revocation
if the hearing has not been conducted within 60 days after
filing of the petition, upon the application of the petitioner
and upon terms the court deems proper.
(c) The scope of the hearing must be limited to the issues
of:
(1) whether the officer had probable cause to believe that
the person violated section 97B.065;
(2) whether one of the conditions in subdivision 1 existed;
(3) whether the person was informed as prescribed in
subdivision 3; and
(4) whether the person refused to submit to testing.
(d) It is an affirmative defense for the petitioner to
prove that, at the time of the refusal, the petitioner's refusal
to permit the test was based upon reasonable grounds.
(e) The court shall order that the prohibition or
revocation be either sustained or rescinded and shall either
sustain or rescind the civil penalty. The court shall forward a
copy of the order to the commissioner.
Sec. 12. Minnesota Statutes 1996, section 97B.066, is
amended by adding a subdivision to read:
Subd. 10. [PAYMENT OF CIVIL PENALTY.] The civil penalty
imposed under subdivision 2 must be paid to the political
subdivision that represents the commissioner on the petition for
judicial review or, in the event that a petition is not filed,
to the political subdivision that would have represented the
commissioner had a petition been filed. If a person does not
pay the civil penalty, the prohibition against hunting is
automatically extended until the political subdivision reports
to the commissioner in writing that the penalty has been paid.
Sec. 13. Minnesota Statutes 1996, section 97B.066, is
amended by adding a subdivision to read:
Subd. 11. [ENFORCEMENT OF CIVIL PENALTY.] (a) If a person
does not pay the civil penalty imposed under subdivision 2
within 30 days of the date it was imposed, the prosecuting
authority representing the commissioner may petition the
district court in the county where the incident occurred to file
the order imposing the civil penalty as an order of the court.
(b) Once entered, the order may be enforced in the same
manner as a final judgment of the court. In addition to the
penalty, attorney fees, costs, and interest may be assessed
against any person who fails to pay the civil penalty.
Sec. 14. Minnesota Statutes 1996, section 168.042,
subdivision 1, as amended by Laws 1997, chapter 12, article 3,
section 4, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) For purposes of this
section, the following terms have the meanings given.
(b) "Violator" means a person who was driving, operating,
or in physical control of the motor vehicle when the violation
occurred.
(c) "Violation" means:
(1) a violation of section 169.123 or an impaired driving
conviction as defined in section 169.121, subdivision 3, that
results in the revocation of a person's driver's license or
driving privileges, and also includes an alcohol-related license
revocation from another state;
(2) a violation of section 169.129; and
(3) a violation of section 171.24 by a person whose
driver's license or driving privileges have been canceled under
section 171.04, subdivision 1, clause (9). includes:
(1) a violation of section 169.121, subdivision 1, clause
(a), (b), (c), (d), (e), (g), or (h); 169.121, subdivision 1a;
or 169.123; or a conforming ordinance from this state or a
conforming statute or ordinance from another state; that results
in the revocation of a person's driver's license or driving
privileges:
(i) within five years of a prior impaired driving
conviction or a prior license revocation; or
(ii) within 15 years of two or more prior impaired driving
convictions, two or more prior license revocations, or a prior
impaired driving conviction and a prior license revocation,
based on separate incidents;
(2) a violation of section 169.121, subdivision 1, clause
(f), or section 169.121, subdivision 3, paragraph (c), clause
(4);
(3) a violation of section 169.129; and
(4) a violation of section 171.24 by a person whose
driver's license or driving privileges have been canceled under
section 171.04, subdivision 1, clause (9).
(d) "Prior impaired driving conviction" has the meaning
given it in section 169.121, subdivision 3.
(e) "Prior license revocation" has the meaning given it in
section 169.121, subdivision 3.
Sec. 15. Minnesota Statutes 1996, section 168.042,
subdivision 2, is amended to read:
Subd. 2. [VIOLATION; ISSUANCE OF IMPOUNDMENT ORDER.] The
commissioner shall issue a registration plate impoundment order
when:
(1) a person's driver's license or driving privileges are
revoked for a third violation, as defined in subdivision 1,
paragraph (c), clause (1), within five years or a fourth or
subsequent violation, as defined in subdivision 1, paragraph
(c), clause (1), within 15 years; or
(2) a person's driver's license or driving privileges are
revoked for a violation of section 169.121, subdivision 3,
paragraph (c), clause (4), within five years of one previous
violation or within 15 years of two or more previous violations,
as defined in subdivision 1, paragraph (c), clause (1); or
(3) a person is arrested for or charged with a violation
described in subdivision 1, paragraph (c), clause (2) or (3) or
(4).
The order shall require the impoundment of the registration
plates of the self-propelled motor vehicle involved in the
violation and all self-propelled motor vehicles owned by,
registered, or leased in the name of the violator, including
self-propelled motor vehicles registered jointly or leased in
the name of the violator and another. An impoundment order
shall not be issued for the registration plates of a rental
vehicle as defined in section 168.041, subdivision 10, or a
vehicle registered in another state.
Sec. 16. Minnesota Statutes 1996, section 168.042,
subdivision 4, is amended to read:
Subd. 4. [PEACE OFFICER AS AGENT FOR NOTICE OF
IMPOUNDMENT.] On behalf of the commissioner, a peace officer
issuing a notice of intent to revoke and of revocation under
section 169.123 for a violation shall also serve a notice of
intent to impound and an order of impoundment if the violation
is the third violation, as defined in subdivision 1, paragraph
(c), clause (1), within five years or the fourth or subsequent
violation, as defined in subdivision 1, paragraph (c), clause
(1), within 15 years. On behalf of the commissioner, a peace
officer who is arresting a person for or charging a person with
a violation described in subdivision 1, paragraph (c), clause
(2) or (3) or (4), shall also serve a notice of intent to
impound and an order of impoundment. If the vehicle involved in
the violation is accessible to the officer at the time the
impoundment order is issued, the officer shall seize the
registration plates subject to the impoundment order. The
officer shall destroy all plates seized or impounded under this
section. The officer shall send to the commissioner copies of
the notice of intent to impound and the order of impoundment and
a notice that registration plates impounded and seized under
this section have been destroyed.
Sec. 17. Minnesota Statutes 1996, section 168.042,
subdivision 9, is amended to read:
Subd. 9. [ADMINISTRATIVE REVIEW.] At any time during the
effective period of an impoundment order, a person may request
in writing a review of the impoundment order by the
commissioner. On receiving a request, the commissioner or the
commissioner's designee shall review the order, the evidence
upon which the order was based, and any other material
information brought to the attention of the commissioner, and
determine whether sufficient cause exists to sustain the order.
The commissioner shall report in writing the results of the
review within 15 days of receiving the request. The review
provided in this subdivision is not subject to the contested
case provisions of the administrative procedure act in sections
14.01 to 14.69. As a result of this review, the commissioner
may authorize the issuance at no cost of new registration plates
to the registered owner of the vehicle if the registered owner's
license or driving privileges were not revoked under section
169.123 or as a result of an impaired driving conviction as
defined in section 169.121, subdivision 3 the violation.
Review under this subdivision shall take place, if
possible, at the same time as any administrative review of the
person's license revocation under section 169.123, subdivision
5b.
Sec. 18. Minnesota Statutes 1996, section 168.042,
subdivision 11, is amended to read:
Subd. 11. [RESCISSION OF REVOCATION; DISMISSAL OF CHARGES
OR ACQUITTAL; ISSUANCE OF NEW PLATES.] If:
(1) the driver's license revocation that is the basis for
an impoundment order is rescinded,;
(2) the charges for the violation have been dismissed with
prejudice; or
(3) the violator has been acquitted of the violation;
then the registrar of motor vehicles shall issue new
registration plates for the vehicle at no cost, when the
registrar receives an application that includes a copy of the
order rescinding the driver's license revocation, the order
dismissing the charges, or the judgment of acquittal. If the
impoundment order was based on a violation described in
subdivision 1, paragraph (c), clause (2) or (3), and the charges
have been dismissed with prejudice or the violator has been
acquitted of the violation, the registrar of motor vehicles
shall issue new registration plates for the vehicle at no cost,
when the registrar receives an application that includes a copy
of the order dismissing the charges or a copy of the judgment of
acquittal.
Sec. 19. Minnesota Statutes 1996, section 168.042, is
amended by adding a subdivision to read:
Subd. 11a. [CHARGE FOR REINSTATEMENT OF REGISTRATION
PLATES IN CERTAIN SITUATIONS.] When the registrar of motor
vehicles reinstates a person's registration plates after
impoundment for reasons other than those described in
subdivision 11, the registrar shall charge the person $25.
Money raised under this subdivision must be paid into the state
treasury and credited to the highway user tax distribution fund.
Sec. 20. [168.0422] [STOPS OF VEHICLES BEARING SPECIAL
SERIES PLATES.]
A peace officer who observes the operation of a motor
vehicle within this state bearing special series registration
plates issued under section 168.041, subdivision 6, or 168.042,
subdivision 12, may stop the vehicle for the purpose of
determining whether the driver is operating the vehicle lawfully
under a valid driver's license.
Sec. 21. Minnesota Statutes 1996, section 169.01,
subdivision 75, is amended to read:
Subd. 75. [COMMERCIAL MOTOR VEHICLE.] (a) "Commercial
motor vehicle" means a motor vehicle or combination of motor
vehicles used to transport passengers or property if the motor
vehicle:
(1) has a gross vehicle weight of more than 26,000 pounds;
(2) has a towed unit with a gross vehicle weight of more
than 10,000 pounds and the combination of vehicles has a
combined gross vehicle weight of more than 26,000 pounds;
(3) is a bus;
(4) is of any size and is used in the transportation of
hazardous materials, except for those vehicles having a gross
vehicle weight of 26,000 pounds or less while carrying in bulk
tanks a total of not more than 200 gallons of petroleum products
and liquid fertilizer; or
(5) is outwardly equipped and identified as a school bus,
except for school buses defined in subdivision 6, paragraph (c).
(b) For purposes of sections 169.1211, 169.1215, and
169.123, subdivisions 2 and 4,:
(1) a commercial motor vehicle does not include a farm
truck, firefighting equipment, or recreational equipment being
operated by a person within the scope of section 171.02,
subdivision 2, paragraph (a); and
(2) a commercial motor vehicle includes a vehicle capable
of or designed to meet the standards described in paragraph (a),
clause (2), whether or not the towed unit is attached to the
truck-tractor at the time of the violation or stop.
Sec. 22. Minnesota Statutes 1996, section 169.01, is
amended by adding a subdivision to read:
Subd. 86. [OFF-ROAD RECREATIONAL VEHICLE.] "Off-road
recreational vehicle" means an off-highway motorcycle as defined
in section 84.787, subdivision 7; off-road vehicle as defined in
section 84.797, subdivision 7; snowmobile as defined in section
84.81, subdivision 3; and all-terrain vehicle as defined in
section 84.92, subdivision 8.
Sec. 23. Minnesota Statutes 1996, section 169.01, is
amended by adding a subdivision to read:
Subd. 87. [MOTORBOAT.] "Motorboat" means a watercraft
propelled in any manner by machinery, including watercraft
temporarily equipped with detachable motors.
Sec. 24. Minnesota Statutes 1996, section 169.01, is
amended by adding a subdivision to read:
Subd. 88. [DRUG RECOGNITION EVALUATION.] "Drug recognition
evaluation" means the systematic, standardized, investigative
procedure defined by the National Highway Traffic Safety
Administration that is used to determine whether a driver is
impaired, whether the impairment relates to drugs or a medical
condition and, if drug-related, the categories of drugs likely
to have caused the impairment.
Sec. 25. Minnesota Statutes 1996, section 169.01, is
amended by adding a subdivision to read:
Subd. 89. [DRUG RECOGNITION EXPERT.] "Drug recognition
expert" means a peace officer who is certified by the
International Association of Chiefs of Police to conduct drug
recognition evaluations.
Sec. 26. Minnesota Statutes 1996, section 169.121,
subdivision 1, is amended to read:
Subdivision 1. [CRIME; ACTS PROHIBITED.] It is a crime 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 under any of the following circumstances:
(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), (b),
and (f) (g);
(d) when the person's alcohol concentration is 0.10 or more
but less than 0.20;
(e) when the person's alcohol concentration as measured
within two hours of the time of driving, operating, or being in
physical control of the motor vehicle is 0.10 or more but less
than 0.20;
(f) when the person's alcohol concentration at the time, or
as measured within two hours of the time, of driving, operating,
or being in physical control of the motor vehicle is 0.20 or
more;
(g) when the person is knowingly under the influence of a
hazardous substance 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; or
(g) (h) when the person's body contains any amount of a
controlled substance listed in schedule I or II other than
marijuana or tetrahydrocannabinols.
Sec. 27. Minnesota Statutes 1996, section 169.121,
subdivision 1c, is amended to read:
Subd. 1c. [CONDITIONAL RELEASE.] (a) Unless maximum bail
is imposed under section 629.471, subdivision 2, a person
charged with a crime listed in this paragraph may be released
from detention only if the person agrees to abstain from alcohol
and submit to a program of electronic alcohol monitoring
involving at least daily measurements of the person's alcohol
concentration pending resolution of the charge. This paragraph
applies only when electronic alcohol monitoring equipment is
available to the court and only when a person is charged with:
(1) a violation of subdivision 1 or 1a within five years of
two prior impaired driving convictions, or within ten years of
three or more prior impaired driving convictions;
(2) a second or subsequent violation of subdivision 1 or
1a, if the person is under the age of 19 years;
(3) a violation of subdivision 1 or 1a, while the person's
driver's license or driving privileges have been canceled under
section 171.04, subdivision 1, clause (9);
(4) a violation of subdivision 1, clause (f); or
(5) a violation of section 169.129.
If the defendant is convicted of the charged offense, the
court shall require partial or total reimbursement from the
person for the cost of the electronic alcohol monitoring, to the
extent the defendant is able to pay.
(b) Unless maximum bail is imposed under section 629.471,
subdivision 2, a person charged with violating subdivision 1 or
1a within ten years of the first of three prior impaired driving
convictions or within the person's lifetime after four or more
prior impaired driving convictions may be released from
detention only if the following conditions are imposed in
addition to the condition imposed in paragraph (a), if
applicable, and any other conditions of release ordered by the
court:
(1) the impoundment of the registration plates of the
vehicle used to commit the violation, unless already impounded;
(2) if the vehicle used to commit the violation was an
off-road recreational vehicle or a motorboat, the impoundment of
the off-road recreational vehicle or motorboat;
(3) a requirement that the alleged violator report weekly
to a probation agent;
(3) (4) a requirement that the alleged violator abstain
from consumption of alcohol and controlled substances and submit
to random, weekly alcohol tests or urine analyses at least
weekly; and
(4) (5) a requirement that, if convicted, the alleged
violator reimburse the court or county for the total cost of
these services.
Sec. 28. Minnesota Statutes 1996, section 169.121, is
amended by adding a subdivision to read:
Subd. 1d. [FIRST-TIME VIOLATORS; OFF-ROAD RECREATIONAL
VEHICLES AND MOTORBOATS.] A person who violates this section
while using an off-road recreational vehicle or motorboat and
who does not have a prior impaired driving conviction or prior
license revocation is subject only to the criminal penalty
provided in subdivision 3 and loss of operating privileges as
provided in section 84.91, subdivision 1, or 86B.331,
subdivision 1, whichever is applicable. The person is not
subject to the provisions of subdivision 1c, 3b, 3f, 4, 5b, or
8, the license revocation sanctions of section 169.123, or the
plate impoundment provisions of section 168.042.
Sec. 29. Minnesota Statutes 1996, section 169.121,
subdivision 2, is amended to read:
Subd. 2. [EVIDENCE.] (a) 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 presence or amount of alcohol, controlled
substances, or hazardous substances in the person's blood,
breath, or urine as shown by an analysis of those items.
(b) For the purposes of this subdivision, evidence that
there was at the time an alcohol concentration of 0.04 or more
is relevant evidence in indicating whether or not the person was
under the influence of alcohol.
(c) 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.
(d) If proven by a preponderance of the evidence, it shall
be an affirmative defense to a violation of subdivision 1,
clause (e) or (f), that the defendant consumed a sufficient
quantity of alcohol after the time of actual driving, operating,
or being in 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 the level specified in the
applicable clause. Evidence that the defendant consumed alcohol
after the time of actual driving, operating, or being in
physical control of a motor vehicle may not be admitted in
defense to any alleged violation of this section unless notice
is given to the prosecution prior to the omnibus or pretrial
hearing in the matter.
(e) If proven by a preponderance of the evidence, it shall
be an affirmative defense to a violation of subdivision 1,
clause (g) (h), that the defendant used the controlled substance
according to the terms of a prescription issued for the
defendant in accordance with sections 152.11 and 152.12.
(f) The preceding provisions do not limit the introduction
of any other competent evidence bearing upon the question of
whether the person 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. 30. Minnesota Statutes 1996, section 169.121,
subdivision 3, is amended to read:
Subd. 3. [CRIMINAL PENALTIES.] (a) As used in this
subdivision section:
(1) "Prior impaired driving conviction" means a prior
conviction under:
(i) this section; Minnesota Statutes 1996, section 84.91,
subdivision 1, paragraph (a);, or 86B.331, subdivision 1,
paragraph (a); section 169.1211; section 169.129; or section
360.0752;
(ii) section 609.21, subdivision 1, clauses (2) to (6);
609.21, subdivision 2, clauses (2) to (6); 609.21, subdivision
2a, clauses (2) to (6); 609.21, subdivision 2b, clauses (2) to
(6); 609.21, subdivision 3, clauses (2) to (6); 609.21, or
subdivision 4, clauses (2) to (6); or
(iii) an ordinance from this state, or a statute or
ordinance from another state, in conformity with any of
them provision listed in item (i) or (ii).
A prior impaired driving conviction also includes a prior
juvenile adjudication that would have been a prior impaired
driving conviction if committed by an adult; and.
(2) "Prior license revocation" means a driver's license
suspension, revocation, or cancellation, denial, or
disqualification under:
(i) this section; or section 169.1211, 169.123;,
171.04;, 171.14;, 171.16;, 171.165, 171.17;, or 171.18
because of an alcohol-related incident;
(ii) section 609.21, subdivision 1, clauses (2) to
(6); 609.21, subdivision 2, clauses (2) to (6); 609.21,
subdivision 2a, clauses (2) to (6); 609.21, subdivision 2b,
clauses (2) to (6); 609.21, subdivision 3, clauses (2) to (6);
or 609.21, subdivision 4, clauses (2) to (6); or
(iii) an ordinance from this state, or a statute or
ordinance from another state, in conformity with any of them
provision listed in item (i) or (ii).
"Prior license revocation" also means the revocation of
snowmobile or all-terrain vehicle operating privileges under
section 84.911, or motorboat operating privileges under section
86B.335, for violations that occurred on or after August 1, 1995.
(b) A person who violates subdivision 1, clause (a), (b),
(c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance
in conformity with either any of them, is guilty of a
misdemeanor.
(c) A person is guilty of a gross misdemeanor under any of
the following circumstances:
(1) the person violates subdivision 1, clause (f);
(2) the person violates subdivision 1, clause (a), (b),
(c), (d), (e), (g), or (h), or subdivision 1a, within five years
of a prior impaired driving conviction, or within ten years of
the first of two or more prior impaired driving convictions;
(2) the person violates subdivision 1a within five years of
or a prior license revocation, or within ten years of the first
of two or more prior license revocations;
(3) the person violates section 169.26 while in violation
of subdivision 1; or
(4) the person violates subdivision 1 or 1a while a child
under the age of 16 is in the vehicle, if the child is more than
36 months younger than the violator.
A person convicted of a gross misdemeanor under this
paragraph is subject to the mandatory penalties provided in
subdivision 3d.
(d) A person is guilty of an enhanced gross misdemeanor
under any of the following circumstances:
(1) the person violates subdivision 1, clause (f), or
commits a violation described in paragraph (c), clause (3) or
(4), within ten years of one or more prior impaired driving
convictions or prior license revocations;
(2) the person violates subdivision 1, clause (a), (b),
(c), (d), (e), (g), or (h), or subdivision 1a, within ten years
of the first of two or more prior impaired driving convictions,
two or more prior license revocations, or any combination of two
or more prior impaired driving convictions and prior license
revocations, based on separate incidents.
A person convicted of an enhanced gross misdemeanor under
this paragraph may be sentenced to imprisonment in a local
correctional facility for not more than two years or to payment
of a fine of not more than $3,000, or both. Additionally, the
person is subject to the applicable mandatory penalties provided
in subdivision 3e.
(e) The court shall notify a person convicted of violating
subdivision 1 or 1a that the registration plates of the person's
motor vehicle may be impounded under section 168.042 and the
vehicle may be subject to forfeiture under section 169.1217 upon
a subsequent conviction for violating this section, section
169.129, or section 171.24, or a subsequent license revocation
under section 169.123. The notice must describe the conduct and
the time periods within which the conduct must occur in order to
result in plate impoundment or forfeiture. The failure of the
court to provide this information does not affect the
applicability of the plate impoundment or the forfeiture
provision to that person.
(d) (f) 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 and enhanced gross
misdemeanor violations of this section.
(e) (g) The court must impose consecutive sentences when it
sentences a person for a violation of this section or section
169.129 arising out of separate behavioral incidents. The court
also must impose a consecutive sentence when it sentences a
person for a violation of this section or section 169.129 and
the person, at the time of sentencing, is on probation for, or
serving, an executed sentence for a violation of this section or
section 169.129 and the prior sentence involved a separate
behavioral incident. The court also may order that the sentence
imposed for a violation of this section or section 169.129 shall
run consecutively to a previously imposed misdemeanor, gross
misdemeanor or felony sentence for a violation other than this
section or section 169.129.
(h) When the court stays the sentence of a person convicted
under this section, the length of the stay is governed by
section 609.135, subdivision 2.
(f) (i) The court may impose consecutive sentences for
offenses arising out of a single course of conduct as permitted
in section 609.035, subdivision 2.
(g) (j) When an attorney responsible for prosecuting gross
misdemeanors or enhanced gross misdemeanors under this section
requests criminal history information relating to prior impaired
driving convictions from a court, the court must furnish the
information without charge.
(h) (k) A violation of subdivision 1a may be prosecuted
either in the jurisdiction where the arresting officer observed
the defendant driving, operating, or in control of the motor
vehicle or in the jurisdiction where the refusal occurred.
Sec. 31. Minnesota Statutes 1996, section 169.121,
subdivision 3b, is amended to read:
Subd. 3b. [HABITUAL OFFENDERS; CHEMICAL USE ASSESSMENT.]
The court must order a person to submit to the level of care
recommended in the chemical use assessment if a the person has
been convicted under of violating:
(1) subdivision 1, subdivision 1a, clause (f); or
(2) subdivision 1, clause (a), (b), (c), (d), (e), (g), or
(h), subdivision 1a, section 169.129, an ordinance in conformity
with any of them, or a statute or ordinance from another state
in conformity with any of them, and if the person is then
convicted of violating subdivision 1, subdivision 1a, section
169.129, or an ordinance in conformity with any of them (1) once:
(i) within five years of the first a prior impaired driving
conviction or (2) two or more times a prior license revocation;
or
(ii) within ten years after the first conviction, the court
must order the person to submit to the level of care recommended
in the chemical use assessment required under section 169.126 of
two or more prior impaired driving convictions, two or more
prior license revocations, or a prior impaired driving
conviction and a prior license revocation, based on separate
incidents.
Sec. 32. Minnesota Statutes 1996, section 169.121,
subdivision 3c, is amended to read:
Subd. 3c. [NOTICE OF ENHANCED PENALTIES.] When a court
sentences a person for a misdemeanor or gross misdemeanor
violation of this section, it shall inform the defendant of the
statutory provisions that provide for enhancement of criminal
penalties for repeat violators. The failure of a court to
provide this information to a defendant does not affect the
future applicability of these enhanced penalties to that
defendant.
Sec. 33. Minnesota Statutes 1996, section 169.121, is
amended by adding a subdivision to read:
Subd. 3d. [GROSS MISDEMEANORS; MANDATORY PENALTIES.] (a)
The mandatory penalties in this subdivision apply to persons
convicted of a gross misdemeanor under subdivision 3, paragraph
(c), or section 169.129.
(b) A person who is convicted of a gross misdemeanor under
subdivision 3, paragraph (c), or is convicted of a gross
misdemeanor violation of section 169.129 within five years of a
prior impaired driving conviction or prior license revocation,
must be sentenced to a minimum of 30 days imprisonment, at least
48 hours of which must be served consecutively, or to eight
hours of community work service for each day less than 30 days
that the person is ordered to serve in jail. Notwithstanding
section 609.135, the above sentence must be executed, unless the
court departs from the mandatory minimum sentence under
paragraph (c) or (d).
(c) Prior to sentencing, the prosecutor may file a motion
to have the defendant sentenced without regard to the mandatory
minimum sentence established by this subdivision. The motion
must be accompanied by a statement on the record of the reasons
for it. When presented with the prosecutor's motion and if it
finds that substantial mitigating factors exist, the court shall
sentence the defendant without regard to the mandatory minimum
sentence established by this subdivision.
(d) The court may, on its own motion, sentence the
defendant without regard to the mandatory minimum sentence
established by this subdivision if it finds that substantial
mitigating factors exist and if its sentencing departure is
accompanied by a statement on the record of the reasons for it.
The court also may sentence the defendant without regard to the
mandatory minimum sentence established by this subdivision if
the defendant is sentenced to probation and ordered to
participate in a program established under section 169.1265.
(e) When any portion of the sentence required by this
subdivision is not executed, the court should impose a sentence
that is proportional to the extent of the offender's prior
criminal and moving traffic violation record. Any sentence
required under this subdivision must include a mandatory
sentence that is not subject to suspension or a stay of
imposition or execution, and that includes incarceration for not
less than 48 consecutive hours or at least 80 hours of community
work service.
Sec. 34. Minnesota Statutes 1996, section 169.121, is
amended by adding a subdivision to read:
Subd. 3e. [ENHANCED GROSS MISDEMEANORS; MANDATORY
PENALTIES.] (a) The mandatory penalties in this subdivision
apply to persons who are convicted of an enhanced gross
misdemeanor under subdivision 3, paragraph (d), or section
169.129. Notwithstanding section 609.135, these penalties must
be imposed and executed.
(b) A person who is convicted of an enhanced gross
misdemeanor under the circumstances described in subdivision 3,
paragraph (d), clause (1), shall be sentenced as follows:
(1) if the person has one prior impaired driving conviction
within the past ten years, the person must be sentenced to a
minimum of 90 days of incarceration, at least 30 days of which
must be served consecutively in a local correctional facility.
The court may order that the person serve not more than 60 days
of this minimum penalty on home detention or in an intensive
probation program described in section 169.1265;
(2) if the person has two prior impaired driving
convictions within the past ten years, the person must be
sentenced to a minimum of 180 days of incarceration, at least 30
days of which must be served consecutively in a local
correctional facility. The court may order that the person
serve not more than 150 days of this minimum penalty on home
detention or in an intensive probation program described in
section 169.1265; or
(3) if the person has three prior impaired driving
convictions within the past 15 years, or four or more prior
impaired driving convictions within the person's lifetime, the
person must be sentenced to a minimum of one year of
incarceration, at least 60 days of which must be served
consecutively in a local correctional facility. The court may
order that the person serve the remainder of this minimum
penalty on intensive probation using an electronic monitoring
system or, if such a system is unavailable, on home detention.
(c) A person who is convicted of an enhanced gross
misdemeanor under the circumstances described in subdivision 3,
paragraph (d), clause (2) or (3), or under section 169.129,
shall be sentenced as follows:
(1) if the person has two prior impaired driving
convictions, two prior license revocations, or a combination of
the two, within the past ten years, the person must be sentenced
to a minimum of 90 days incarceration, at least 30 days of which
must be served consecutively in a local correctional facility.
The court may order that the person serve not more than 60 days
of this minimum penalty on home detention or in an intensive
probation program described in section 169.1265;
(2) if the person has three prior impaired driving
convictions, three prior license revocations, or a combination
of the two, within the past ten years, the person must be
sentenced to a minimum of 180 days of incarceration, at least 30
days of which must be served consecutively in a local
correctional facility. The court may order that the person
serve not more than 150 days of this minimum penalty on home
detention or in an intensive probation program described in
section 169.1265; or
(3) if the person has: (i) four prior impaired driving
convictions, four prior license revocations, or a combination of
the two, within the past 15 years; or (ii) five or more prior
impaired driving convictions, five or more prior license
revocations, or a combination of the two, within the person's
lifetime; then the person must be sentenced to a minimum of one
year of incarceration, at least 60 days of which must be served
consecutively in a local correctional facility. The court may
order that the person serve the remainder of this minimum
penalty on intensive probation using an electronic monitoring
system or, if such a system is unavailable, on home detention.
Sec. 35. Minnesota Statutes 1996, section 169.121, is
amended by adding a subdivision to read:
Subd. 3f. [LONG-TERM MONITORING.] (a) This subdivision
applies to a person convicted of:
(1) a violation of subdivision 1 or 1a within five years of
two prior impaired driving convictions, or within ten years of
three or more prior impaired driving convictions;
(2) a second or subsequent violation of subdivision 1 or
1a, if the person is under the age of 19 years;
(3) a violation of subdivision 1 or 1a, while the person's
driver's license or driving privileges have been canceled under
section 171.04, subdivision 1, clause (9); or
(4) a violation of section 169.129.
(b) When the court sentences a person described in
paragraph (a) to a stayed sentence and when electronic
monitoring equipment is available to the court, the court shall
require that the person participate in a program of electronic
alcohol monitoring in addition to any other conditions of
probation or jail time it imposes. During the first one-third
of the person's probationary term, the electronic alcohol
monitoring must be continuous and involve measurements of the
person's alcohol at least three times a day. During the
remainder of the person's probationary term, the electronic
alcohol monitoring may be intermittent, as determined by the
court. The court shall require partial or total reimbursement
from the person for the cost of the electronic alcohol
monitoring, to the extent the person is able to pay.
Sec. 36. Minnesota Statutes 1996, section 169.121,
subdivision 4, as amended by Laws 1997, chapter 12, article 3,
section 5, is amended to read:
Subd. 4. [ADMINISTRATIVE PENALTIES.] (a) The commissioner
of public safety shall revoke the driver's license of a person
convicted of violating this section or an ordinance in
conformity with it as follows:
(1) for an offense under subdivision 1: not less than 30
days;
(2) for an offense under subdivision 1a: not less than 90
days;
(3) for an offense occurring within five years after a
prior impaired driving conviction or a prior license revocation,
or any time after two or more prior impaired driving convictions
or prior license revocations: (i) if the current conviction is
for a violation of subdivision 1, not less than 180 days and
until the court has certified that treatment or rehabilitation
has been successfully completed where prescribed in accordance
with section 169.126; or (ii) if the current conviction is for a
violation of subdivision 1a, not less than one year and until
the court has certified that treatment or rehabilitation has
been successfully completed where prescribed in accordance with
section 169.126;
(4) for an offense occurring within five years after the
first of two prior impaired driving convictions or prior license
revocations: not less than one year, together with denial under
section 171.04, subdivision 1, clause (9), until rehabilitation
is established in accordance with standards established by the
commissioner;
(5) for an offense occurring any time after three or more
prior impaired driving convictions or prior license
revocations: not less than two years, together with denial
under section 171.04, subdivision 1, clause (9), until
rehabilitation is established in accordance with standards
established by the commissioner.
(b) If the person convicted of violating this section is
under the age of 21 years, the commissioner of public safety
shall revoke the offender's driver's license or operating
privileges for a period of six months or for the appropriate
period of time under paragraph (a), clauses (1) to (5), for the
offense committed, whichever is the greatest period.
(c) For purposes of this subdivision, a juvenile
adjudication under this section, section 169.129, an ordinance
in conformity with either of them, or a statute or ordinance
from another state in conformity with either of them is an
offense.
(d) Whenever department records show that the violation
involved personal injury or death to any person, not less than
90 additional days shall be added to the base periods provided
above.
(e) If the person is convicted of violating subdivision 1,
paragraph (f), the commissioner of public safety shall revoke
the person's driver's license for twice the period of time
otherwise provided for in this subdivision.
(f) Except for a person whose license has been revoked
under paragraph (b), and except for a person who commits a
violation described in subdivision 3, paragraph (c), clause (4),
(child endangerment), any person whose license has been revoked
pursuant to section 169.123 as the result of the same incident,
and who does not have a prior impaired driving conviction or
prior license revocation within the previous ten years, is
subject to the mandatory revocation provisions of paragraph (a),
clause (1) or (2), in lieu of the mandatory revocation
provisions of section 169.123.
(f) As used in this subdivision, the terms "prior impaired
driving conviction" and "prior license revocation" have the
meanings given in subdivision 3, paragraph (a).
Sec. 37. Minnesota Statutes 1996, section 169.121, is
amended by adding a subdivision to read:
Subd. 5b. [PENALTY ASSESSMENT.] When a court sentences a
person convicted of violating subdivision 1, clause (f), the
court may impose a penalty assessment of up to $1,000. The
court may impose this assessment in addition to any other
penalties or charges authorized under this section. Money
collected under this subdivision must be distributed as follows:
(1) if the arresting officer is an employee of a political
subdivision, the assessment must be forwarded to the treasury of
the political subdivision for use in enforcement, training, and
education activities related to driving while impaired; or
(2) if the arresting officer is an employee of the state,
the assessment must be forwarded to the state treasury and
credited to the general fund.
Sec. 38. Minnesota Statutes 1996, section 169.121,
subdivision 6, is amended to read:
Subd. 6. [PRELIMINARY SCREENING TEST.] (a) When a peace
officer has reason to believe from the manner in which a person
is driving, operating, controlling, or acting upon departure
from a motor vehicle, or has driven, operated, or controlled a
motor vehicle, that the driver may be violating or has violated
subdivision 1 or section 169.1211, the officer may require the
driver to provide a sample of the driver's breath for a
preliminary screening test using a device approved by the
commissioner of public safety for this purpose.
(b) The results of this preliminary screening test shall be
used for the purpose of deciding whether an arrest should be
made and whether to require the tests authorized in section
169.123, but shall not be used in any court action except the
following:
(1) to prove that a test was properly required of a person
pursuant to section 169.123, subdivision 2;
(2) in a civil action arising out of the operation or use
of the motor vehicle;
(3) in an action for license reinstatement under section
171.19; or
(4) in a prosecution or juvenile court proceeding
concerning a violation of section 169.1218 or 340A.503,
subdivision 1, paragraph (a), clause (2);
(5) in a prosecution under section 169.1211, subdivision 1,
paragraph (b), or 171.30; or
(6) in a prosecution for a violation of a restriction on a
driver's license under section 171.09, which provides that the
license holder may not use or consume any amount of alcohol or a
controlled substance.
(c) Following the screening test additional tests may be
required of the driver pursuant to the provisions of section
169.123.
(d) The driver who refuses to furnish a sample of the
driver's breath is subject to the provisions of section 169.123
unless, in compliance with section 169.123, the driver submits
to a blood, breath or urine test to determine the presence or
amount of alcohol, controlled substances, or hazardous
substances.
Sec. 39. Minnesota Statutes 1996, section 169.121,
subdivision 11, is amended to read:
Subd. 11. [APPLICABILITY TO RECREATIONAL VEHICLES.] For
purposes of this section and section 169.123, "motor vehicle"
does not include a snowmobile as defined in section 84.81, or an
all-terrain vehicle as defined in section 84.92. This
subdivision does not prevent the commissioner of public safety
from recording on driving records violations involving
snowmobiles and all-terrain vehicles. includes motorboats in
operation and off-road recreational vehicles. A "motorboat in
operation" does not include a motorboat that is anchored,
beached, or securely fastened to a dock or other permanent
mooring, or a motorboat that is being rowed or propelled by
other than mechanical means.
Sec. 40. Minnesota Statutes 1996, section 169.1211,
subdivision 1, is amended to read:
Subdivision 1. [CRIME CRIMES.] (a) It is a misdemeanor
crime for any person to drive, operate, or be in physical
control of any commercial motor vehicle within this state or
upon the ice of any boundary water of this state:
(1) when the person's alcohol concentration is 0.04 or more
but less than 0.20; or
(2) when the person's alcohol concentration as measured
within two hours of the time of driving, operating, or being in
physical control of the commercial motor vehicle is 0.04 or more
but less than 0.20; or
(3) when the person's alcohol concentration at the time, or
as measured within two hours of the time, of driving, operating,
or being in physical control of the commercial motor vehicle is
0.20 or more.
(b) It is a crime for any person to drive, operate, or be
in physical control of any class of school bus or Head Start bus
within this state or upon the ice of any boundary water of this
state when there is physical evidence present in the person's
body of the consumption of any alcohol.
Sec. 41. Minnesota Statutes 1996, section 169.1211, is
amended by adding a subdivision to read:
Subd. 5. [CRIMINAL PENALTY.] (a) A person who violates
subdivision 1, paragraph (a), clause (1) or (2), or paragraph
(b), or an ordinance in conformity with any of them, is guilty
of a misdemeanor.
(b) A person is guilty of a gross misdemeanor under any of
the following circumstances:
(1) the person violates subdivision 1, paragraph (a),
clause (3);
(2) the person violates subdivision 1, paragraph (a),
clause (1) or (2), or paragraph (b), within five years of a
prior impaired driving conviction or a prior license revocation,
or within ten years of the first of two or more prior impaired
driving convictions, two or more prior license revocations, or a
combination of a prior impaired driving conviction and a prior
license revocation, based on separate incidents;
(3) the person violates section 169.26 while in violation
of subdivision 1; or
(4) the person violates subdivision 1 while a child under
the age of 16 is in the vehicle, if the child is more than 36
months younger than the violator.
Sec. 42. Minnesota Statutes 1996, section 169.1211, is
amended by adding a subdivision to read:
Subd. 6. [DEFINITIONS.] As used in this section, the terms
"prior impaired driving conviction" and "prior license
revocation" have the meanings given them in section 169.121,
subdivision 3.
Sec. 43. Minnesota Statutes 1996, section 169.1217, as
amended by Laws 1997, chapter 12, article 3, section 6, is
amended to read:
169.1217 [VEHICLE FORFEITURE FOR COMMISSION OF DESIGNATED
OFFENSES AND LICENSE REVOCATIONS.]
Subdivision 1. [DEFINITIONS.] As used in this section, the
following terms have the meanings given them:
(a) "Appropriate agency" means a law enforcement agency
that has the authority to make an arrest for a violation of a
designated offense or to require a test under section 169.123.
(b) "Designated license revocation" includes a license
revocation under section 169.123:
(1) within five years of two prior impaired driving
convictions, two prior license revocations, or a prior impaired
driving conviction and a prior license revocation, based on
separate incidents; or
(2) within 15 years of the first of three or more prior
impaired driving convictions, three or more prior license
revocations, or any combination of three or more prior impaired
driving convictions and prior license revocations, based on
separate incidents.
(c) "Designated offense" includes:
(1) a violation of section 169.121, subdivision 1, clause
(a), (b), (c), (d), (e), (g), or (h), subdivision 1a, an
ordinance in conformity with it any of them, or section 169.129:
(1) (i) within five years of three two prior impaired
driving convictions or three, or two prior license revocations,
or a prior impaired driving conviction and a prior license
revocation, based on separate incidents; or
(2) (ii) within 15 years of the first of four three or more
prior impaired driving convictions or the first of four, three
or more prior license revocations, or any combination of three
or more impaired driving convictions and prior license
revocations, based on separate incidents;
(2) a violation of section 169.121, subdivision 1, clause
(f), or a violation of section 169.121, subdivision 3, paragraph
(c), clause (4):
(i) within five years of a prior impaired driving
conviction or a prior license revocation; or
(ii) within 15 years of the first of two or more prior
impaired driving convictions, two or more prior license
revocations, or a prior impaired driving conviction and a prior
license revocation, based on separate incidents; or
(3) a violation of section 169.121, an ordinance in
conformity with it, or section 169.129:
(i) by a person whose driver's license or driving
privileges have been canceled under section 171.04, subdivision
1, clause (9); or
(4) (ii) by a person who is subject to a restriction on the
person's driver's license under section 171.09 which provides
that the person may not use or consume any amount of alcohol or
a controlled substance.
"Designated offense" also includes a violation of section
169.121, subdivision 3, paragraph (c), clause (4):
(1) within five years of two prior impaired driving
convictions or two prior license revocations based on separate
incidents; or
(2) within 15 years of the first of three or more prior
impaired driving convictions or the first of three or more prior
license revocations based on separate incidents.
(c) (d) "Motor vehicle" and "vehicle" have the meaning
given "motor vehicle" in section 169.121, subdivision 11. The
terms do not include a vehicle which is stolen or taken in
violation of the law.
(d) (e) "Owner" means the registered owner of the motor
vehicle according to records of the department of public safety
and includes a lessee of a motor vehicle if the lease agreement
has a term of 180 days or more.
(e) (f) "Prior impaired driving conviction" has the meaning
given it in section 169.121, subdivision 3. A prior impaired
driving conviction also includes a prior juvenile adjudication
that would have been a prior impaired driving conviction if
committed by an adult.
(f) (g) "Prior license revocation" has the meaning given it
in section 169.121, subdivision 3.
(g) (h) "Prosecuting authority" means the attorney in the
jurisdiction in which the designated offense occurred who is
responsible for prosecuting violations of a designated offense.
Subd. 2. [SEIZURE.] A motor vehicle subject to forfeiture
under this section may be seized by the appropriate agency upon
process issued by any court having jurisdiction over the
vehicle. Property may be seized without process if:
(1) the seizure is incident to a lawful arrest or a lawful
search;
(2) the vehicle subject to seizure has been the subject of
a prior judgment in favor of the state in a criminal injunction
or forfeiture proceeding under this section; or
(3) the appropriate agency has probable cause to believe
that the delay occasioned by the necessity to obtain process
would result in the removal or destruction of the vehicle. If
property is seized without process under this clause (3), the
prosecuting authority must institute a forfeiture action under
this section as soon as is reasonably possible.
Subd. 3. [RIGHT TO POSSESSION VESTS IMMEDIATELY; CUSTODY
OF SEIZED VEHICLE.] All right, title, and interest in a vehicle
subject to forfeiture under this section vests in the
appropriate agency upon commission of the conduct resulting in
the designated offense or designated license revocation giving
rise to the forfeiture. Any vehicle seized under this section
is not subject to replevin, but is deemed to be in the custody
of the appropriate agency subject to the orders and decrees of
the court having jurisdiction over the forfeiture proceedings.
When a vehicle is so seized, the appropriate agency may:
(1) place the vehicle under seal;
(2) remove the vehicle to a place designated by it;
(3) place a disabling device on the vehicle; and
(4) take other steps reasonable and necessary to secure the
vehicle and prevent waste.
Subd. 4. [BOND BY OWNER FOR POSSESSION.] If the owner of a
vehicle that has been seized under this section seeks possession
of the vehicle before the forfeiture action is determined, the
owner may, subject to the approval of the appropriate agency,
give security or post bond payable to the appropriate agency in
an amount equal to the retail value of the seized vehicle. On
posting the security or bond, the seized vehicle may be returned
to the owner only if a disabling device is attached to the
vehicle. The forfeiture action shall proceed against the
security as if it were the seized vehicle.
Subd. 5. [EVIDENCE.] Certified copies of court records and
motor vehicle and driver's license records concerning prior
impaired driving convictions and prior license revocations are
admissible as substantive evidence where necessary to prove the
commission of a designated offense or the occurrence of a
designated license revocation.
Subd. 6. [MOTOR VEHICLES SUBJECT TO FORFEITURE.] A motor
vehicle is subject to forfeiture under this section if it was
used in the commission of a designated offense or was used in
conduct resulting in a designated license revocation.
Subd. 7. [LIMITATIONS ON FORFEITURE OF MOTOR VEHICLES.]
(a) A vehicle is subject to forfeiture under this section only
if:
(1) the driver is convicted of the designated offense upon
which the forfeiture is based; or
(2) the driver fails to appear with respect to the
designated offense charge in violation of section 609.49; or
(3) the driver's conduct results in a designated license
revocation and the driver either fails to seek administrative or
judicial review of the revocation in a timely manner as required
by section 169.123, subdivision 5b or 5c, or the revocation is
sustained under section 169.123, subdivision 5b or 6.
(b) A vehicle encumbered by a bona fide security interest,
or subject to a lease that has a term of 180 days or more, is
subject to the interest of the secured party or lessor unless
the party or lessor had knowledge of or consented to the act
upon which the forfeiture is based.
(c) Notwithstanding paragraph (b), the secured party's or
lessor's interest in a vehicle is not subject to forfeiture
based solely on the secured party's or lessor's knowledge of the
act or omission upon which the forfeiture is based if the
secured party or lessor took reasonable steps to terminate use
of the vehicle by the offender.
(d) A motor vehicle is subject to forfeiture under this
section only if its owner knew or should have known of the
unlawful use or intended use.
(e) A vehicle subject to a security interest, based upon a
loan or other financing arranged by a financial institution, is
subject to the interest of the financial institution.
Subd. 7a. [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A
motor vehicle used to commit a designated offense or used in
conduct resulting in a designated license revocation is subject
to administrative forfeiture under this subdivision.
(b) When a motor vehicle is seized under subdivision 2, the
appropriate agency shall serve the driver or operator of the
vehicle with a notice of the seizure and intent to forfeit the
vehicle. Additionally, when a motor vehicle is seized under
subdivision 2, or within a reasonable time after that, all
persons known to have an ownership or possessory interest in the
vehicle must be notified of the seizure and the intent to
forfeit the vehicle. Notice mailed by certified mail to the
address shown in department of public safety records is
sufficient notice to the registered owner of the vehicle.
Otherwise, notice may be given in the manner provided by law for
service of a summons in a civil action.
(c) The notice must be in writing and contain:
(1) a description of the vehicle seized;
(2) the date of seizure; and
(3) notice of the right to obtain judicial review of the
forfeiture and of the procedure for obtaining that judicial
review, printed in English, Hmong, and Spanish. Substantially
the following language must appear conspicuously: "IF YOU DO
NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA
STATUTES, SECTION 169.1217, SUBDIVISION 7a, YOU LOSE THE RIGHT
TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY
RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY. YOU MAY NOT
HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE
UNABLE TO AFFORD THE FEE. YOU DO NOT HAVE TO PAY THE FILING FEE
IF THE PROPERTY IS WORTH LESS THAN $500 AND YOU FILE YOUR CLAIM
IN CONCILIATION COURT."
(d) Within 30 days following service of a notice of seizure
and forfeiture under this subdivision, a claimant may file a
demand for a judicial determination of the forfeiture. The
demand must be in the form of a civil complaint and must be
filed with the court administrator in the county in which the
seizure occurred, together with proof of service of a copy of
the complaint on the prosecuting authority having jurisdiction
over the forfeiture, and the standard filing fee for civil
actions unless the petitioner has the right to sue in forma
pauperis under section 563.01. If the value of the seized
property is less than $500, the claimant may file an action in
conciliation court for recovery of the seized vehicle without
paying the conciliation court filing fee. No responsive
pleading is required of the prosecuting authority and no court
fees may be charged for the prosecuting authority's appearance
in the matter. Except as provided in this section, judicial
reviews and hearings are governed by section 169.123,
subdivisions 5c and 6, and shall take place at the same time as
any judicial review of the person's license revocation under
section 169.123. The proceedings may be combined with any
hearing on a petition filed under section 169.123, subdivision
5c, and are governed by the rules of civil procedure.
(e) The complaint must be captioned in the name of the
claimant as plaintiff and the seized vehicle as defendant, and
must state with specificity the grounds on which the claimant
alleges the vehicle was improperly seized and the plaintiff's
interest in the vehicle seized. Notwithstanding any law to the
contrary, an action for the return of a vehicle seized under
this section may not be maintained by or on behalf of any person
who has been served with a notice of seizure and forfeiture
unless the person has complied with this subdivision.
(f) If the claimant makes a timely demand for a judicial
determination under this subdivision, the appropriate agency
must conduct the forfeiture under subdivision 8.
(g) If a demand for judicial determination of an
administrative forfeiture is filed under this subdivision and
the court orders the return of the seized vehicle, the court
shall order that filing fees be reimbursed to the person who
filed the demand. In addition, the court may order the payment
of reasonable costs, expenses, and attorney fees under section
549.21, subdivision 2.
Subd. 8. [JUDICIAL FORFEITURE PROCEDURE.] (a) This
subdivision governs judicial determinations of the forfeiture of
a motor vehicle used to commit a designated offense is subject
to forfeiture under this subdivision or used in conduct
resulting in a designated license revocation.
(b) A separate complaint shall be filed against the
vehicle, describing it, and specifying that it was used in the
commission of a designated offense or was used in conduct
resulting in a designated license revocation, and specifying the
time and place of its unlawful use. If the forfeiture was based
on the commission of a designated offense and the person charged
with a the designated offense appears in court as required and
is not convicted of the offense, the court shall dismiss the
complaint against the vehicle and order the property returned to
the person legally entitled to it. If the forfeiture is based
on a designated license revocation, and the designated license
revocation is rescinded under section 169.123, subdivision 5a or
6, the court shall dismiss the complaint against the vehicle and
order the property returned to the person legally entitled to
it. If the lawful ownership of the vehicle used in the
commission of a designated offense or used in conduct resulting
in a designated license revocation can be determined and it is
found the owner was not privy to commission of a designated
offense or was not privy to the conduct resulting in the
designated license revocation, the vehicle shall be returned
immediately.
Subd. 9. [DISPOSITION OF FORFEITED VEHICLES.] (a) If the
vehicle is administratively forfeited under subdivision 7a, or
if the court finds under subdivision 8 that the vehicle is
subject to forfeiture under subdivisions 6 and 7, it shall order
the appropriate agency to shall:
(1) sell the vehicle and distribute the proceeds under
paragraph (b); or
(2) keep the vehicle for official use. If the agency keeps
a forfeited motor vehicle for official use, it shall make
reasonable efforts to ensure that the motor vehicle is available
for use by the agency's officers who participate in the drug
abuse resistance education program.
(b) The proceeds from the sale of forfeited vehicles, after
payment of seizure, storage, forfeiture, and sale expenses, and
satisfaction of valid liens against the property, must be
forwarded to the treasury of the political subdivision that
employs the appropriate agency responsible for the forfeiture
for use in DWI-related enforcement, training and education. If
the appropriate agency is an agency of state government, the net
proceeds must be forwarded to the state treasury and credited to
the general fund.
(c) The proceeds from the sale of forfeited off-road
recreational vehicles and motorboats, after payment of seizure,
storage, forfeiture, and sale expenses, and satisfaction of
valid liens against the property, must be forwarded to the state
treasury and credited to the following funds:
(1) if the forfeited vehicle is a motorboat, the net
proceeds must be credited to the water recreation account in the
natural resources fund;
(2) if the forfeited vehicle is a snowmobile, the net
proceeds must be credited to the snowmobile trails and
enforcement account in the natural resources fund;
(3) if the forfeited vehicle is an all-terrain vehicle, the
net proceeds must be credited to the all-terrain vehicle account
in the natural resources fund;
(4) if the forfeited vehicle is an off-highway motorcycle,
the net proceeds must be credited to the off-highway motorcycle
account in the natural resources fund;
(5) if the forfeited vehicle is an off-road vehicle, the
net proceeds must be credited to the off-road vehicle account in
the natural resources fund; and
(6) if otherwise, the net proceeds must be credited to the
general fund.
Sec. 44. Minnesota Statutes 1996, section 169.1218, is
amended to read:
169.1218 [UNDERAGE DRINKING AND DRIVING.]
(a) It is a misdemeanor for a person under the age of 21
years to drive or operate a motor vehicle while consuming
alcoholic beverages, or after having consumed alcoholic
beverages while there is physical evidence of the consumption
present in the person's body.
(b) When a person is found to have committed an offense
under paragraph (a), the court shall notify the commissioner of
public safety of its determination. Upon receipt of the court's
determination, the commissioner shall suspend the person's
driver's license or operating privileges for 30 days, or for 180
days if the person has previously been found to have violated
paragraph (a) or a statute or ordinance in conformity with
paragraph (a).
(c) If the person's conduct violates section 169.121,
subdivision 1 or 1a, or 169.1211, the penalties and license
sanctions in those laws apply instead of the license sanction in
paragraph (b).
(d) An offense under paragraph (a) may be prosecuted either
in the jurisdiction where consumption occurs or the jurisdiction
where evidence of consumption is observed.
Sec. 45. Minnesota Statutes 1996, section 169.123,
subdivision 1, is amended to read:
Subdivision 1. [PEACE OFFICER DEFINED.] For purposes of
this section, section 169.121, and section 169.1211, the term
peace officer means (1) a state patrol officer, (2) University
of Minnesota peace officer, (3) a constable as defined in
section 367.40, subdivision 3, or (4) police officer of any
municipality, including towns having powers under section
368.01, or county, and (5) for purposes of violations of those
sections in or on an off-road recreational vehicle or motorboat,
a state conservation officer.
Sec. 46. Minnesota Statutes 1996, section 169.123,
subdivision 4, is amended to read:
Subd. 4. [REFUSAL; REVOCATION OF LICENSE.] (a) If a person
refuses to permit a test, none shall be given, but the peace
officer shall report the refusal to the commissioner of public
safety and the authority having responsibility for prosecution
of misdemeanor offenses for the jurisdiction in which the acts
occurred. However, if a peace officer has probable cause to
believe that the person has violated section 609.21, a test may
be required and obtained despite the person's refusal. A
refusal to submit to an alcohol concentration test does not
constitute a violation of section 609.50, unless the refusal was
accompanied by force or violence or the threat of force or
violence.
(b) If a person submits to a test and, the results of that
test shall be reported to the commissioner of public safety and
to the authority having responsibility for prosecution of
misdemeanor offenses for the jurisdiction in which the acts
occurred, if the test results indicate:
(1) an alcohol concentration of 0.10 or more;
(2) an alcohol concentration of 0.04 or more, if the person
was driving, operating, or in physical control of a commercial
motor vehicle at the time of the violation; or
(3) the presence of a controlled substance listed in
schedule I or II, other than marijuana or tetrahydrocannabinols,
or if a person was driving, operating, or in physical control of
a commercial motor vehicle and the test results indicate an
alcohol concentration of 0.04 or more, the results of the test
shall be reported to the commissioner of public safety and to
the authority having responsibility for prosecution of
misdemeanor offenses for the jurisdiction in which the acts
occurred.
(c) Upon certification by the peace officer that there
existed probable cause to believe the person had been driving,
operating, or in physical control of a motor vehicle in
violation of section 169.121 and that the person refused to
submit to a test, the commissioner of public safety shall revoke
the person's license or permit to drive, or nonresident
operating privilege, for a period of one year even if a test was
obtained pursuant to this section after the person refused to
submit to testing.
(d) Upon certification by the peace officer that there
existed probable cause to believe the person had been driving,
operating, or in physical control of a commercial motor vehicle
with the presence of any alcohol in violation of section 169.121
or 169.1211, and that the person refused to submit to a test,
the commissioner shall disqualify the person from operating a
commercial motor vehicle for a period of one year under section
171.165 and shall revoke the person's license or permit to drive
or nonresident operating privilege for a period of one year.
(e) Upon certification by the peace officer that there
existed probable cause to believe the person had been driving,
operating, or in physical control of a motor vehicle in
violation of section 169.121 and that the person submitted to a
test and the test results indicate an alcohol concentration of
0.10 or more or the presence of a controlled substance listed in
schedule I or II, other than marijuana or tetrahydrocannabinols,
then the commissioner of public safety shall revoke the person's
license or permit to drive, or nonresident operating privilege:
(1) for a period of 90 days; or
(2) if the person is under the age of 21 years, for a
period of six months; or
(3) for a person with a prior impaired driving conviction
or prior license revocation within the past five years, for a
period of 180 days; or
(4) if the test results indicate an alcohol concentration
of 0.20 or more, for twice the applicable period in clauses (1)
to (3).
(f) On certification by the peace officer that there
existed probable cause to believe the person had been driving,
operating, or in physical control of a commercial motor vehicle
with any presence of alcohol and that the person submitted to a
test and the test results indicated an alcohol concentration of
0.04 or more, the commissioner of public safety shall disqualify
the person from operating a commercial motor vehicle under
section 171.165.
(g) If the person is a resident without a license or permit
to operate a motor vehicle in this state, the commissioner of
public safety shall deny to the person the issuance of a license
or permit for the same period after the date of the alleged
violation as provided herein for revocation, subject to review
as hereinafter provided.
(h) As used in this subdivision, the terms "prior impaired
driving conviction" and "prior license revocation" have the
meanings given in section 169.121, subdivision 3, paragraph (a).
Sec. 47. Minnesota Statutes 1996, section 169.123,
subdivision 5c, is amended to read:
Subd. 5c. [PETITION FOR JUDICIAL REVIEW.] (a) 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. 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.
(b) The petition shall must:
(1) 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;
(2) include the petitioner's date of birth, driver's
license number, and date of the offense. The petition shall;
and
(3) 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.
(c) 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.
(d) Judicial reviews shall be conducted according to the
rules of civil procedure except that prehearing discovery is
mandatory and is limited to:
(1) the notice of revocation;
(2) the test record, or in the case of blood or urine
tests, the certificate of analysis;
(3) the peace officer's certificate and any accompanying
documentation submitted by the arresting officer to the
commissioner of public safety; and
(4) disclosure of potential witnesses, including experts,
and the basis of their testimony.
Other types of discovery are not available.
Sec. 48. Minnesota Statutes 1996, section 169.123,
subdivision 6, is amended to read:
Subd. 6. [HEARING.] (a) A hearing under this section shall
be before a district judge in any county in the judicial
district where the alleged offense occurred. The hearing shall
be to the court and may be conducted at the same time and in the
same manner as hearings upon pretrial motions in the criminal
prosecution under section 169.121, if any. The hearing shall be
recorded. The commissioner of public safety shall appear and be
represented by the attorney general or through the prosecuting
authority for the jurisdiction involved. The hearing shall be
held at the earliest practicable date, and in any event no later
than 60 days following the filing of the petition for review.
The judicial district administrator shall establish procedures
to ensure efficient compliance with this subdivision. To
accomplish this, the administrator may, whenever possible,
consolidate and transfer review hearings among the county courts
within the judicial district.
(b) The scope of the hearing shall be limited to the issues
in clauses (1) to (9) (10):
(1) Did the peace officer have probable cause to believe
the person was driving, operating, or in physical control of:
(i) a motor vehicle in violation of section 169.121; or
(ii) a commercial motor vehicle in violation of section
169.1211?
(2) Was the person lawfully placed under arrest for
violation of section 169.121 or 169.1211?
(3) Was the person involved in a motor vehicle accident or
collision resulting in property damage, personal injury, or
death?
(4) Did the person refuse to take a screening test provided
for by section 169.121, subdivision 6?
(5) If the screening test was administered, did the test
indicate an alcohol concentration of 0.10 or more?
(6) At the time of the request for the test, did the peace
officer inform the person of the person's rights and the
consequences of taking or refusing the test as required by
subdivision 2?
(7) Did the person refuse to permit the test?
(8) If a test was taken:
(i) by a person driving, operating, or in physical control
of a motor vehicle, did the test results indicate at the time of
testing:
(i) an alcohol concentration of 0.10 or more at the time of
testing; or
(ii) the presence of a controlled substance listed in
schedule I or II, other than marijuana or tetrahydrocannabinols;
or?
(ii) (9) If a test was taken by a person driving,
operating, or in physical control of a commercial motor vehicle,
did the test results indicate an alcohol concentration of 0.04
or more at the time of testing?
(9) (10) Was the testing method used valid and reliable and
were the test results accurately evaluated?
(c) It shall be an affirmative defense for the petitioner
to prove that, at the time of the refusal, the petitioner's
refusal to permit the test was based upon reasonable grounds.
(d) Certified or otherwise authenticated copies of
laboratory or medical personnel reports, records, documents,
licenses, and certificates shall be admissible as substantive
evidence.
(e) The court shall order that the revocation or
disqualification be either rescinded or sustained and forward
the order to the commissioner of public safety. The court shall
file its order within 14 days following the hearing. If the
revocation or disqualification is sustained, the court shall
also forward the person's driver's license or permit to the
commissioner of public safety for further action by the
commissioner of public safety if the license or permit is not
already in the commissioner's possession.
Sec. 49. Minnesota Statutes 1996, section 169.126,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT; FORM.] A chemical use
assessment shall be conducted and an assessment report submitted
to the court and to the department of public safety by the
county agency administering the alcohol safety program when:
(a) The defendant is convicted of an offense described in
section 169.121 or, 169.1211, 169.129, or 360.0752; or
(b) The defendant is arrested for committing an offense
described in section 169.121 or 169.129 but is convicted of
another offense arising out of the circumstances surrounding the
arrest.
Sec. 50. Minnesota Statutes 1996, section 169.1261, is
amended to read:
169.1261 [REINSTATEMENT OF DRIVING PRIVILEGES; NOTICE.]
Upon expiration of a period of revocation under section
169.121 or 169.123, the commissioner of public safety shall
notify the person of the terms upon which driving privileges can
be reinstated, and new registration plates issued, which terms
are: (1) successful completion of a driving test an examination
and proof of compliance with any terms of alcohol treatment or
counseling previously prescribed, if any; and (2) any other
requirements imposed by the commissioner and applicable to that
particular case. The commissioner shall notify the owner of a
motor vehicle subject to an impoundment order under section
168.041 as a result of the violation of the procedures for
obtaining new registration plates, if the owner is not the
violator. The commissioner shall also notify the person that if
driving is resumed without reinstatement of driving privileges
or without valid registration plates and registration
certificate, the person will be subject to criminal penalties.
Sec. 51. Minnesota Statutes 1996, section 169.129, is
amended to read:
169.129 [AGGRAVATED VIOLATIONS; PENALTY.]
Subdivision 1. [CRIME.] It is a crime for any person is
guilty of a gross misdemeanor who drives, operates, or is to
drive, operate, or be in physical control of a motor vehicle,
the operation of which requires a driver's license, within this
state or upon the ice of any boundary water of this state in
violation of section 169.121 or an ordinance in conformity with
it before the person's driver's license or driver's driving
privilege has been reinstated following its cancellation,
suspension, revocation, disqualification, or denial under any of
the following:
(1) section 169.121, 169.1211, or 169.123;
(2) section 171.04, 171.14, 171.16, 171.17, or 171.18
because of an alcohol-related incident;
(3) section 609.21, subdivision 1, clauses (2) to (6);
609.21, subdivision 2, clauses (2) to (6); 609.21, subdivision
2a, clauses (2) to (6); 609.21, subdivision 2b, clauses (2) to
(6); 609.21, subdivision 3, clauses (2) to (6); or 609.21,
subdivision 4, clauses (2) to (6).
Subd. 2. [PENALTIES.] (a) Except as otherwise provided in
paragraph (b), a person who violates subdivision 1 is guilty of
a gross misdemeanor.
(b) A person is guilty of an enhanced gross misdemeanor and
may be sentenced to imprisonment in a local correctional
facility for not more than two years or to payment of a fine of
not more than $3,000, or both, if the person violates
subdivision 1 and the person's driver's license or driving
privilege has been suspended, revoked, canceled, denied, or
disqualified two or more times within the past ten years under
any of the statutes listed in subdivision 1. A person convicted
of an enhanced gross misdemeanor under this paragraph is subject
to the applicable mandatory penalties provided in section
169.121, subdivision 3d.
Subd. 3. [PROSECUTION.] The attorney in the jurisdiction
in which the violation of this section occurred who is
responsible for prosecution of misdemeanor violations of section
169.121 shall also be responsible for prosecution of violations
of this section.
Sec. 52. Minnesota Statutes 1996, section 171.07, is
amended by adding a subdivision to read:
Subd. 12. [SNOWMOBILE SAFETY CERTIFICATE.] (a) The
department shall maintain in its records information transmitted
electronically from the commissioner of natural resources
identifying each person whom the commissioner has issued a
snowmobile safety certificate.
(b) After receiving information under paragraph (a) that a
person has received a snowmobile safety certificate, the
department shall include, on all drivers' licenses or Minnesota
identification cards subsequently issued to the person, a
graphic or written indication that the person has received the
certificate.
(c) If a person who has received a snowmobile safety
certificate applies for a driver's license or Minnesota
identification card before that information has been transmitted
to the department, the department may accept a copy of the
certificate as proof of its issuance and shall then follow the
procedures in paragraph (b).
Sec. 53. Minnesota Statutes 1996, section 171.12, is
amended by adding a subdivision to read:
Subd. 2a. [ALCOHOL CONCENTRATION ON DRIVING RECORD.] When
a person's driver's license or permit to drive is revoked or
suspended pursuant to section 169.123, or when a person is
convicted for violating section 169.121, 169.1211, 169.1218,
169.129, 360.0752, or 609.21, and a test of the person's breath,
urine, or blood has been made to determine the person's alcohol
concentration, the commissioner of public safety shall record
the test results on the person's driving record pertaining to
that violation. The alcohol concentration is classified as
public data on individuals, as defined in section 13.02,
subdivision 15, and must be kept for the period of time
specified in subdivision 3, clause (2).
Sec. 54. Minnesota Statutes 1996, section 171.19, as
amended by Laws 1997, chapter 245, article 1, section 2, is
amended to read:
171.19 [PETITION FOR LICENSE REINSTATEMENT.]
Any person whose driver's license has been refused,
revoked, suspended, or canceled, or disqualified by the
commissioner, except where the license is revoked or
disqualified under section 169.123 or section 171.186, may file
a petition for a hearing in the matter in the district court in
the county wherein such person shall reside and, in the case of
a nonresident, in the district court in any county, and such
court is hereby vested with jurisdiction, and it shall be its
duty, to set the matter for hearing upon 15 days' written notice
to the commissioner, and thereupon to take testimony and examine
into the facts of the case to determine whether the petitioner
is entitled to a license or is subject to revocation,
suspension, cancellation, disqualification, or refusal of
license, and shall render judgment accordingly. The petition
shall be heard by the court without a jury and may be heard in
or out of term. The commissioner may appear in person, or by
agents or representatives, and may present evidence upon the
hearing by affidavit personally, by agents, or by
representatives. The petitioner may present evidence by
affidavit, except that the petitioner must be present in person
at such hearing for the purpose of cross-examination. In the
event the department shall be sustained in these proceedings,
the petitioner shall have no further right to make further
petition to any court for the purpose of obtaining a driver's
license until after the expiration of one year after the date of
such hearing.
Sec. 55. Minnesota Statutes 1996, section 171.20,
subdivision 4, is amended to read:
Subd. 4. [REINSTATEMENT FEE.] Before the license is
reinstated, a person whose driver's license has been suspended
under section 171.16, subdivision 2; 171.18, except subdivision
1, clause (10); or 171.182, or who has been disqualified from
holding a commercial driver's license under section 171.165 must
pay a $20 fee before the license is reinstated of $25 until June
30, 1999, and $20 thereafter. When this fee is collected by a
county-operated office of deputy registrar, a $3.50 handling
charge is imposed. The handling charge must be deposited in the
treasury of the place for which the deputy registrar was
appointed and the $20 reinstatement fee must be deposited in an
approved state depository as directed under section 168.33,
subdivision 2. A suspension may be rescinded without fee for
good cause.
Sec. 56. Minnesota Statutes 1996, section 171.30, is
amended by adding a subdivision to read:
Subd. 2c. [EXTENDED WAITING PERIOD.] If a person's license
or privilege has been revoked or suspended for a violation of
section 169.121 or 169.123, or a statute or ordinance from
another state in conformity with either of those sections, and
the person's alcohol concentration was 0.20 or greater at the
time of the violation, a limited license may not be issued for a
period of time equal to twice the time period specified in
subdivision 2a or 2b.
Sec. 57. Minnesota Statutes 1996, section 340A.503,
subdivision 2, is amended to read:
Subd. 2. [PURCHASING.] It is unlawful for any person:
(1) to sell, barter, furnish, or give alcoholic beverages
to a person under 21 years of age;
(2) under the age of 21 years to purchase or attempt to
purchase any alcoholic beverage unless under the supervision of
a responsible person over the age of 21 for training, education,
or research purposes. Prior notification of the licensing
authority is required unless the supervised alcohol purchase
attempt is for professional research conducted by post-secondary
educational institutions or state, county, or local health
departments; or
(3) to induce a person under the age of 21 years to
purchase or procure any alcoholic beverage, or to lend or
knowingly permit the use of the person's driver's license,
permit, Minnesota identification card, or other form of
identification by a person under the age of 21 years for the
purpose of purchasing or attempting to purchase an alcoholic
beverage.
If proven by a preponderance of the evidence, it shall be
an affirmative defense to a violation of clause (1) that the
defendant is the parent or guardian of the person under 21 years
of age and that the defendant gave or furnished the alcoholic
beverage to that person solely for consumption in the
defendant's household.
Sec. 58. Minnesota Statutes 1996, section 364.09, as
amended by Laws 1997, chapter 248, section 44, is amended to
read:
364.09 [EXCEPTIONS.]
(a) This chapter does not apply to the licensing process
for peace officers; to law enforcement agencies as defined in
section 626.84, subdivision 1, paragraph (h); to fire protection
agencies; to eligibility for a private detective or protective
agent license; to the licensing and background study process
under chapter 245A; to eligibility for school bus driver
endorsements; or to eligibility for special transportation
service endorsements; or to eligibility for a commercial driver
training instructor license, which is governed by section 171.35
and rules adopted under that section. This chapter also shall
not apply to eligibility for juvenile corrections employment,
where the offense involved child physical or sexual abuse or
criminal sexual conduct.
(b) This chapter does not apply to a school district or to
eligibility for a license issued or renewed by the board of
teaching or the state board of education.
(c) Nothing in this section precludes the Minnesota police
and peace officers training board or the state fire marshal from
recommending policies set forth in this chapter to the attorney
general for adoption in the attorney general's discretion to
apply to law enforcement or fire protection agencies.
(d) This chapter does not apply to a license to practice
medicine that has been denied or revoked by the board of medical
practice pursuant to section 147.091, subdivision 1a.
Sec. 59. Minnesota Statutes 1996, section 609.02,
subdivision 2, is amended to read:
Subd. 2. [FELONY.] "Felony" means a crime, other than an
enhanced gross misdemeanor, for which a sentence of imprisonment
for more than one year may be imposed.
Sec. 60. Minnesota Statutes 1996, section 609.02, is
amended by adding a subdivision to read:
Subd. 3a. [ENHANCED GROSS MISDEMEANOR.] "Enhanced gross
misdemeanor" means a crime for which a sentence of not more than
two years imprisonment in a correctional facility or a fine of
not more than $3,000, or both, may be imposed.
Sec. 61. Minnesota Statutes 1996, section 609.105, is
amended to read:
609.105 [SENTENCE OF IMPRISONMENT.]
Subdivision 1. Except as otherwise provided in subdivision
3, a sentence to imprisonment for more than one year shall
commit the defendant to the custody of the commissioner of
corrections.
Subd. 2. The commissioner of corrections shall determine
the place of confinement in a prison, reformatory, or other
facility of the department of corrections established by law for
the confinement of convicted persons and prescribe reasonable
conditions and rules for their employment, conduct, instruction,
and discipline within or without the facility.
Subd. 3. A sentence to imprisonment for an enhanced gross
misdemeanor or for a period of one year or any lesser period
shall be to a workhouse, work farm, county jail, or other place
authorized by law.
Sec. 62. Minnesota Statutes 1996, section 609.135,
subdivision 2, as amended by Laws 1997, chapter 239, article 5,
section 9, is amended to read:
Subd. 2. [STAY OF SENTENCE MAXIMUM PERIODS.] (a) If the
conviction is for a felony the stay shall be for not more than
four years or the maximum period for which the sentence of
imprisonment might have been imposed, whichever is longer.
(b) If the conviction is for an enhanced gross misdemeanor
violation of section 169.121 or 169.129, the stay shall be for
not more than six years. The court shall provide for
unsupervised probation for the last year of the stay unless the
court finds that the defendant needs supervised probation for
all or part of the last year.
(c) If the conviction is for a gross misdemeanor violation
of section 169.121 or 169.129, the stay shall be for not more
than four years. The court shall provide for unsupervised
probation for the last one year of the stay unless the court
finds that the defendant needs supervised probation for all or
part of the last one year.
(c) (d) If the conviction is for a gross misdemeanor not
specified in paragraph (b) (c), the stay shall be for not more
than two years.
(d) (e) If the conviction is for any misdemeanor under
section 169.121; 609.746, subdivision 1; 609.79; or 617.23; or
for a misdemeanor under section 609.2242 or 609.224, subdivision
1, in which the victim of the crime was a family or household
member as defined in section 518B.01, the stay shall be for not
more than two years. The court shall provide for unsupervised
probation for the second year of the stay unless the court finds
that the defendant needs supervised probation for all or part of
the second year.
(e) (f) If the conviction is for a misdemeanor not
specified in paragraph (d) (e), the stay shall be for not more
than one year.
(f) (g) The defendant shall be discharged six months after
the term of the stay expires, unless the stay has been revoked
or extended under paragraph (g) or (h), or the defendant has
already been discharged.
(g) (h) Notwithstanding the maximum periods specified for
stays of sentences under paragraphs (a) to (f) (g), a court may
extend a defendant's term of probation for up to one year if it
finds, at a hearing conducted under subdivision 1a, that:
(1) the defendant has not paid court-ordered restitution or
a fine in accordance with the payment schedule or structure; and
(2) the defendant is likely to not pay the restitution or
fine the defendant owes before the term of probation expires.
This one-year extension of probation for failure to pay
restitution or a fine may be extended by the court for up to one
additional year if the court finds, at another hearing conducted
under subdivision 1a, that the defendant still has not paid the
court-ordered restitution or fine that the defendant owes.
(h) Notwithstanding the maximum periods specified for stays
of sentences under paragraphs (a) to (f) (g), a court may extend
a defendant's term of probation for up to three years if it
finds, at a hearing conducted under subdivision 1c, that:
(1) the defendant has failed to complete court-ordered
treatment successfully; and
(2) the defendant is likely not to complete court-ordered
treatment before the term of probation expires.
Sec. 63. Minnesota Statutes 1996, section 609.15,
subdivision 2, is amended to read:
Subd. 2. [LIMIT ON SENTENCES; MISDEMEANOR AND GROSS
MISDEMEANOR.] If the court specifies that the sentence shall run
consecutively and all of the sentences are for misdemeanors, the
total of the sentences shall not exceed one year. If the
sentences are for a gross misdemeanor or enhanced gross
misdemeanor and one or more misdemeanors, the total of the
sentences shall not exceed two years. If all of the sentences
are for gross misdemeanors and enhanced gross misdemeanors, the
total of the sentences shall not exceed four years.
Sec. 64. Minnesota Statutes 1996, section 609.487, is
amended by adding a subdivision to read:
Subd. 2a. [MOTOR VEHICLE; DEFINITION.] "Motor vehicle" has
the meaning given in section 169.01, subdivision 3, and includes
off-road recreational vehicles as defined in section 169.01,
subdivision 86, and motorboats as defined in section 169.01,
subdivision 87.
Sec. 65. Minnesota Statutes 1996, section 634.15,
subdivision 2, is amended to read:
Subd. 2. [TESTIMONY AT TRIAL.] Except in civil
proceedings, including proceedings under section 169.123, an
accused person or the accused person's attorney may request, by
notifying the prosecuting attorney at least ten days before the
trial, that the following persons testify in person at the trial
on behalf of the state:
(a) A person who performed the laboratory analysis or
examination for the report described in subdivision 1, clause
(a); or
(b) A person who prepared the blood sample report described
in subdivision 1, clause (b).
If a petitioner in a proceeding under section 169.123
subpoenas a person described in paragraph (a) or (b) to testify
at the proceeding, the petitioner is not required to pay the
person witness fees under section 357.22 in excess of $100.
Sec. 66. [PUBLIC AWARENESS CAMPAIGN.]
The commissioner of public safety shall implement a public
awareness campaign to educate the public on the vehicle
forfeiture law under Minnesota Statutes, section 169.1217, and
the administrative plate impoundment law under Minnesota
Statutes, section 168.042.
This campaign must focus on increasing the public's
understanding of these laws, specifically the offenses that the
laws cover and the time periods in which the offenses must occur
to result in impoundment or forfeiture.
The commissioner may conduct the campaign by including
information in future editions of the driver's manual and using
public service announcements, advertisements, and any other
methods deemed appropriate by the commissioner. The
commissioner shall attempt to maximize the use of innovative
methods to conduct the campaign.
Sec. 67. [REVISOR'S INSTRUCTION.]
In each section of Minnesota Statutes referred to in column
A, the revisor of statutes shall delete the reference in column
B, and insert the reference in column C.
Column A Column B Column C
84.83 84.912 169.1217
84.927 84.912 169.1217
86B.305 86B.331 169.121
86B.811 86B.331 169.121
97B.065 86B.331, subd. 4 169.121, subd. 2
97B.066 86B.335, subds. 169.123, subds.
8, 9, and 10 2b, 2c, and 3
Sec. 68. [APPROPRIATIONS.]
Subdivision 1. [PUBLIC SAFETY.] $65,000 for the fiscal
year ending June 30, 1998, and $38,000 for the fiscal year
ending June 30, 1999, is appropriated from the trunk highway
fund to the commissioner of public safety for costs associated
with this act.
Subd. 2. [ATTORNEY GENERAL.] $19,000 for the fiscal year
ending June 30, 1998 and $38,000 for the fiscal year ending June
30, 1999 is appropriated from the general fund to the attorney
general for costs associated with this act.
Sec. 69. [REPEALER.]
Minnesota Statutes 1996, sections 84.873; 84.91,
subdivisions 2, 3, 4, 5, 5a, 6, 7, and 8; 84.911, subdivisions
1, 2, 3, 4, 5, and 6; 84.912; 84.9254; 86B.331, subdivisions 2,
3, 4, 5, 5a, 6, 7, and 8; 86B.335, subdivisions 1, 2, 3, 4, 5,
6, 7, 8, 9, 10, 11, and 12; 86B.337; 97B.066, subdivision 6; and
169.121, subdivision 3a, are repealed.
Sec. 70. [EFFECTIVE DATE.]
Section 57 is effective August 1, 1997. Sections 1 to 18,
20 to 54, 56, 58 to 67, and 69 are effective January 1, 1998,
and apply to violations occurring on or after that date.
However, violations occurring before January 1, 1998, which are
listed in Minnesota Statutes, section 169.121, subdivision 3,
paragraph (a), are considered prior impaired driving convictions
or prior license revocations for purposes of: determining
conditional release, long-term monitoring, criminal penalties,
sentencing, and administrative licensing sanctions for a person
charged for or convicted of a violation occurring on or after
January 1, 1998.
Sections 19 and 55 are effective July 1, 1997, and apply to
vehicle registrations and driver's license reinstatements,
respectively, occurring on or after that date.
Repeal of civil penalty payment and enforcement provisions
in Minnesota Statutes, sections 84.911 and 86B.335, applies only
to refusals occurring on or after January 1, 1998.
Presented to the governor June 27, 1997
Signed by the governor June 30, 1997, 9:43 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes