Office of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 478-S.F.No. 2677
An act relating to crime prevention; recodifying the
driving while impaired crimes and related provisions;
making numerous clarifying, technical, and substantive
changes and additions in the pursuit of
simplification; imposing criminal penalties; amending
Minnesota Statutes 1998, sections 171.305, as amended;
and 629.471; Minnesota Statutes 1999 Supplement,
sections 260B.171, subdivision 7; 260B.225,
subdivision 4; and 609.035, subdivision 2; proposing
coding for new law as Minnesota Statutes, chapter
169A; repealing Minnesota Statutes 1998, sections
168.042; 169.01, subdivisions 61, 68, 82, 83, 86, 87,
88, and 89; 169.121, subdivisions 1, 1a, 1b, 1d, 2,
3b, 3c, 5, 5a, 5b, 6, 7, 8, 9, 10, 10a, 11, and 12;
169.1211; 169.1215; 169.1216; 169.1217, subdivisions
2, 3, 4, 5, 6, and 8; 169.1218; 169.1219; 169.122,
subdivisions 1, 2, 3, and 4; 169.123, subdivisions 2,
2a, 2b, 2c, 3, 4, 5, 5a, 5b, 6, 7, 8, and 10; 169.124;
169.125; 169.126; 169.1261; 169.1265; 169.128; and
169.129, subdivision 3; Minnesota Statutes 1999
Supplement, sections 169.121, subdivisions 1c, 3, 3d,
3f, and 4; 169.1217, subdivisions 1, 7, 7a, and 9;
169.122, subdivision 5; 169.123, subdivisions 1 and
5c; and 169.129, subdivision 1; Minnesota Rules, parts
7409.3700; 7409.3710; 7409.3720; 7409.3730; 7409.3740;
7409.3750; 7409.3760; and 7409.3770.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
CHAPTER 169A
DRIVING WHILE IMPAIRED;
CRIMINAL AND ADMINISTRATIVE SANCTIONS
GENERAL PROVISIONS
Section 1. [169A.01] [CITATION; APPLICATION.]
Subdivision 1. [CITATION.] This chapter may be cited as
the Minnesota Impaired Driving Code. [new]
Subd. 2. [APPLICATION.] Unless otherwise indicated, the
provisions of this chapter apply to any person who drives,
operates, or is in physical control of a motor vehicle within
this state or on any boundary water of this state. The
provisions of this chapter are applicable and uniform throughout
the state and in all its political subdivisions and
municipalities. [169.02 and 169.022]
Subd. 3. [LOCAL ORDINANCES.] No local authority may enact
or enforce any rule or regulation that conflicts with a
provision of this chapter unless expressly authorized to do so
in this chapter. Local authorities may adopt traffic
regulations that do not conflict with the provisions of this
chapter. However, if any local ordinance regulating traffic
covers the same subject for which a penalty is provided for in
this chapter, the penalty provided for the violation of the
local ordinance must be identical to the penalty provided for in
this chapter for the same offense. [169.022]
Sec. 2. [169A.03] [DEFINITIONS.] [various]
Subdivision 1. [SCOPE.] (a) As used in this chapter,
unless the context clearly indicates otherwise, the terms
defined in this section have the meanings given.
(b) If a term defined in section 169.01, but not defined in
this chapter, is used in this chapter, the term has the meaning
given in section 169.01, unless the context clearly indicates
otherwise.
Subd. 2. [ALCOHOL CONCENTRATION.] "Alcohol concentration"
means:
(1) the number of grams of alcohol per 100 milliliters of
blood;
(2) the number of grams of alcohol per 210 liters of
breath; or
(3) the number of grams of alcohol per 67 milliliters of
urine.
Subd. 3. [AGGRAVATING FACTOR.] "Aggravating factor"
includes:
(1) a qualified prior impaired driving incident within the
ten years immediately preceding the current offense;
(2) having an alcohol concentration of 0.20 or more as
measured at the time, or within two hours of the time, of the
offense; or
(3) having a child under the age of 16 in the vehicle at
the time of the offense if the child is more than 36 months
younger than the offender.
Subd. 4. [COMMERCIAL MOTOR VEHICLE.] "Commercial motor
vehicle" has the meaning given in section 169.01, subdivision 75.
Subd. 5. [COMMISSIONER.] "Commissioner" means the
commissioner of public safety or a designee.
Subd. 6. [CONTROLLED SUBSTANCE.] "Controlled substance"
has the meaning given in section 152.01, subdivision 4.
Subd. 7. [DRIVER.] "Driver" has the meaning given in
section 169.01, subdivision 25.
Subd. 8. [GROSS MISDEMEANOR.] "Gross misdemeanor" means a
crime for which a person may be sentenced to imprisonment for
not more than one year, or to payment of a fine of not more than
$3,000, or both.
Subd. 9. [HAZARDOUS SUBSTANCE.] "Hazardous substance"
means any chemical or chemical compound that is listed as a
hazardous substance in rules adopted under chapter 182
(occupational safety and health).
Subd. 10. [HEAD START BUS.] "Head Start bus" has the
meaning given in section 169.01, subdivision 80.
Subd. 11. [INFRARED BREATH-TESTING INSTRUMENT.] "Infrared
breath-testing instrument" means a breath-testing instrument
that employs infrared technology and has been approved by the
commissioner of public safety for determining alcohol
concentration.
Subd. 12. [MISDEMEANOR.] "Misdemeanor" means a crime for
which a person may be sentenced to imprisonment for not more
than 90 days, or to payment of a fine of not more than $700, or
both.
Subd. 13. [MOTORBOAT.] "Motorboat" has the meaning given
in section 86B.005, subdivision 9.
Subd. 14. [MOTORBOAT IN OPERATION.] "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.
Subd. 15. [MOTOR VEHICLE.] "Motor vehicle" means every
vehicle that is self-propelled and every vehicle that is
propelled by electric power obtained from overhead trolley
wires. The term includes motorboats in operation and off-road
recreational vehicles, but does not include a vehicle moved
solely by human power.
Subd. 16. [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.
Subd. 17. [OWNER.] "Owner" has the meaning given in
section 169.01, subdivision 26.
Subd. 18. [PEACE OFFICER.] "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;
(4) police officer of any municipality, including towns
having powers under section 368.01, or county; and
(5) for purposes of violations of this chapter in or on an
off-road recreational vehicle or motorboat, or for violations of
section 97B.065 or 97B.066, a state conservation officer.
Subd. 19. [POLICE OFFICER.] "Police officer" has the
meaning given in section 169.01, subdivision 27.
Subd. 20. [PRIOR IMPAIRED DRIVING CONVICTION.] "Prior
impaired driving conviction" includes a prior conviction under:
(1) section 169A.20 (driving while impaired); 169A.31
(alcohol-related school bus or Head Start bus driving); or
360.0752 (impaired aircraft operation);
(2) section 609.21 (criminal vehicular homicide and injury,
substance-related offenses), subdivision 1, clauses (2) to (6);
subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2)
to (6); subdivision 2b, clauses (2) to (6); subdivision 3,
clauses (2) to (6); or subdivision 4, clauses (2) to (6);
(3) Minnesota Statutes 1998, section 169.121 (driver under
influence of alcohol or controlled substance); 169.1211
(alcohol-related driving by commercial vehicle drivers); or
169.129 (aggravated DWI-related violations; penalty);
(4) Minnesota Statutes 1996, section 84.91, subdivision 1,
paragraph (a) (operating snowmobile or all-terrain vehicle while
impaired); or 86B.331, subdivision 1, paragraph (a) (operating
motorboat while impaired); or
(5) an ordinance from this state, or a statute or ordinance
from another state, in conformity with any provision listed in
clause (1), (2), (3), or (4).
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.
Subd. 21. [PRIOR IMPAIRED DRIVING-RELATED LOSS OF
LICENSE.] "Prior impaired driving-related loss of license"
includes a driver's license suspension, revocation,
cancellation, denial, or disqualification under:
(1) section 169A.31 (alcohol-related school bus or Head
Start bus driving); 169A.50 to 169A.53 (implied consent law);
169A.54 (impaired driving convictions and adjudications;
administrative penalties); 171.04 (persons not eligible for
drivers' licenses); 171.14 (cancellation); 171.16 (court may
recommend suspension); 171.165 (commercial driver's license,
disqualification); 171.17 (revocation); or 171.18 (suspension);
because of an alcohol-related incident;
(2) section 609.21 (criminal vehicular homicide and injury,
substance-related offenses), subdivision 1, clauses (2) to (6);
subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2)
to (6); subdivision 2b, clauses (2) to (6); subdivision 3,
clauses (2) to (6); or subdivision 4, clauses (2) to (6);
(3) Minnesota Statutes 1998, section 169.121 (driver under
influence of alcohol or controlled substance); 169.1211
(alcohol-related driving by commercial vehicle drivers); or
169.123 (chemical tests for intoxication); or
(4) an ordinance from this state, or a statute or ordinance
from another state, in conformity with any provision listed in
clause (1), (2), or (3).
"Prior impaired driving-related loss of license" also includes
the revocation of snowmobile or all-terrain vehicle operating
privileges under section 84.911 (chemical testing), or motorboat
operating privileges under section 86B.335 (testing for alcohol
and controlled substances), for violations that occurred on or
after August 1, 1994; the revocation of snowmobile or
all-terrain vehicle operating privileges under section 84.91
(operation of snowmobiles and all-terrain vehicles by persons
under the influence of alcohol or controlled substances); or the
revocation of motorboat operating privileges under section
86B.331 (operation while using alcohol or drugs or with a
physical or mental disability).
Subd. 22. [QUALIFIED PRIOR IMPAIRED DRIVING
INCIDENT.] "Qualified prior impaired driving incident" includes
prior impaired driving convictions and prior impaired
driving-related losses of license.
Subd. 23. [SCHOOL BUS.] "School bus" has the meaning given
in section 169.01, subdivision 6.
Subd. 24. [STREET OR HIGHWAY.] "Street or highway" has the
meaning given in section 169.01, subdivision 29.
Subd. 25. [VEHICLE.] "Vehicle" has the meaning given in
section 169.01, subdivision 2.
Sec. 3. [169A.05] [PARENTHETICAL REFERENCES.]
Words set forth in parentheses after references to sections
or subdivisions in this chapter are mere catchwords included
solely for convenience in reference. They are not substantive
and may not be used to construe or limit the meaning of any
statutory language. [new, see 645.49]
Sec. 4. [169A.07] [FIRST-TIME DWI VIOLATOR; OFF-ROAD
RECREATIONAL VEHICLE OR MOTORBOAT.]
A person who violates section 169A.20 (driving while
impaired) while using an off-road recreational vehicle or
motorboat and who does not have a qualified prior impaired
driving incident is subject only to the criminal penalty
provided in section 169A.25 (first-degree driving while
impaired), 169A.26 (second-degree driving while impaired), or
169A.27 (third-degree driving while impaired); and loss of
operating privileges as provided in section 84.91, subdivision 1
(operation of snowmobiles or all-terrain vehicles by persons
under the influence of alcohol or controlled substances), or
86B.331, subdivision 1 (operation of motorboats while using
alcohol or with a physical or mental disability), whichever is
applicable. The person is not subject to the provisions of
sections 169A.275, subdivision 5, (submission to the level of
care recommended in chemical use assessment for repeat offenders
and offenders with alcohol concentration of 0.20 or more);
169A.277 (long-term monitoring); 169A.285 (penalty assessment);
169A.44 (conditional release); 169A.54 (impaired driving
convictions and adjudications; administrative penalties); or
169A.54, subdivision 11 (chemical use assessment); the license
revocation sanctions of sections 169A.50 to 169A.53 (implied
consent law); or the plate impoundment provisions of section
169A.60 (administrative impoundment of plates). [169.121, subd.
1d]
Sec. 5. [169A.09] [SANCTION FOR PRIOR BEHAVIOR BASED ON
SEPARATE COURSES OF CONDUCT.]
Prior impaired driving convictions and prior impaired
driving-related losses of license must arise out of a separate
course of conduct to be considered as multiple qualified prior
impaired driving incidents under this chapter. When a person
has a prior impaired driving conviction and a prior impaired
driving-related loss of license based on the same course of
conduct, either the conviction or the loss of license may be
considered a qualified prior impaired driving incident, but not
both. [new]
Sec. 6. [169A.095] [DETERMINING NUMBER OF AGGRAVATING
FACTORS.]
When determining the number of aggravating factors present
for purposes of this chapter, subject to section 169A.09
(sanctions for prior behavior to be based on separate courses of
conduct), each qualified prior impaired driving incident within
the ten years immediately preceding the current offense is
counted as a separate aggravating factor. [new]
CRIMINAL PROVISIONS
Sec. 7. [169A.20] [DRIVING WHILE IMPAIRED.]
Subdivision 1. [DRIVING WHILE IMPAIRED CRIME.] It is a
crime for any person to drive, operate, or be in physical
control of any motor vehicle within this state or on 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;
(3) 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;
(4) when the person is under the influence of a combination
of any two or more of the elements named in clauses (1), (2),
and (3);
(5) 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 0.10 or
more;
(6) when the vehicle is a commercial motor vehicle and 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 0.04 or
more; or
(7) when the person's body contains any amount of a
controlled substance listed in schedule I or II other than
marijuana or tetrahydrocannabinols. [169.121, subd. 1; 169.1211,
subd. 1]
Subd. 2. [REFUSAL TO SUBMIT TO CHEMICAL TEST CRIME.] It is
a crime for any person to refuse to submit to a chemical test of
the person's blood, breath, or urine under section 169A.52 (test
refusal or failure; revocation of license). [169.121, subd. 1a]
Subd. 3. [SENTENCE.] A person who violates this section
may be sentenced as provided in section 169A.25 (first-degree
driving while impaired), 169A.26 (second-degree driving while
impaired), or 169A.27 (third-degree driving while
impaired). [new]
Sec. 8. [169A.25] [FIRST-DEGREE DRIVING WHILE IMPAIRED.]
Subdivision 1. [DEGREE DESCRIBED.] A person who violates
section 169A.20 (driving while impaired) is guilty of
first-degree driving while impaired if two or more aggravating
factors were present when the violation was committed. [new]
Subd. 2. [CRIMINAL PENALTY.] First-degree driving while
impaired is a gross misdemeanor. The mandatory penalties
described in section 169A.275 and the long-term monitoring
described in section 169A.277 may be applicable. [new]
Sec. 9. [169A.26] [SECOND-DEGREE DRIVING WHILE IMPAIRED.]
Subdivision 1. [DEGREE DESCRIBED.] A person who violates
section 169A.20 (driving while impaired) is guilty of
second-degree driving while impaired if one aggravating factor
was present when the violation was committed. [new]
Subd. 2. [CRIMINAL PENALTY.] Second-degree driving while
impaired is a gross misdemeanor. The mandatory penalties
described in section 169A.275 and the long-term monitoring
described in section 169A.277 may be applicable. [new]
Sec. 10. [169A.27] [THIRD-DEGREE DRIVING WHILE IMPAIRED.]
Subdivision 1. [DEGREE DESCRIBED.] A person who violates
section 169A.20 (driving while impaired) is guilty of
third-degree driving while impaired. [new]
Subd. 2. [CRIMINAL PENALTY.] Third-degree driving while
impaired is a misdemeanor. [new]
Sec. 11. [169A.275] [MANDATORY PENALTIES.]
Subdivision 1. [SECOND OFFENSE.] (a) The court shall
sentence a person who is convicted of a violation of section
169A.20 (driving while impaired) within ten years of a qualified
prior impaired driving incident to either:
(1) a minimum of 30 days of incarceration, at least 48
hours of which must be served consecutively in a local
correctional facility; or
(2) eight hours of community work service for each day less
than 30 days that the person is ordered to serve in a local
correctional facility.
Notwithstanding section 609.135 (stay of imposition or execution
of sentence), the penalties in this paragraph must be executed,
unless the court departs from the mandatory minimum sentence
under paragraph (b) or (c).
(b) Prior to sentencing, the prosecutor may file a motion
to have a defendant described in paragraph (a) sentenced without
regard to the mandatory minimum sentence established by that
paragraph. 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
paragraph (a).
(c) The court may, on its own motion, sentence a defendant
described in paragraph (a) without regard to the mandatory
minimum sentence established by that paragraph 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
paragraph (a) if the defendant is sentenced to probation and
ordered to participate in a program established under section
169A.74 (pilot programs of intensive probation for repeat DWI
offenders).
(d) When any portion of the sentence required by paragraph
(a) 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
paragraph (a) 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.
Subd. 2. [THIRD OFFENSE.] (a) The court shall sentence a
person who is convicted of a violation of section 169A.20
(driving while impaired) within ten years of the first of two
qualified prior impaired driving incidents to either:
(1) a minimum of 90 days of incarceration, at least 30 days
of which must be served consecutively in a local correctional
facility; or
(2) a program of intensive supervision of the type
described in section 169A.74 (pilot programs of intensive
probation for repeat DWI offenders) that requires the person to
consecutively serve at least six days in a local correctional
facility.
(b) The court may order that the person serve not more than
60 days of the minimum penalty under paragraph (a), clause (1),
on home detention or in an intensive probation program described
in section 169A.74.
(c) Notwithstanding section 609.135, the penalties in this
subdivision must be imposed and executed.
Subd. 3. [FOURTH OFFENSE.] (a) The court shall sentence a
person who is convicted of a violation of section 169A.20
(driving while impaired) within ten years of the first of three
qualified prior impaired driving incidents to either:
(1) a minimum of 180 days of incarceration, at least 30
days of which must be served consecutively in a local
correctional facility; or
(2) a program of intensive supervision of the type
described in section 169A.74 (pilot programs of intensive
probation for repeat DWI offenders) that requires the person to
consecutively serve at least six days in a local correctional
facility.
(b) The court may order that the person serve not more than
150 days of the minimum penalty under paragraph (a), clause (1),
on home detention or in an intensive probation program described
in section 169A.74. Notwithstanding section 609.135, the
penalties in this subdivision must be imposed and executed.
Subd. 4. [FIFTH OFFENSE OR MORE.] (a) The court shall
sentence a person who is convicted of a violation of section
169A.20 (driving while impaired) within ten years of the first
of four or more qualified prior impaired driving incidents to
either:
(1) a minimum of one year of incarceration, at least 60
days of which must be served consecutively in a local
correctional facility; or
(2) a program of intensive supervision of the type
described in section 169A.74 (pilot programs of intensive
probation for repeat DWI offenders) that requires the person to
consecutively serve at least six days in a local correctional
facility.
(b) The court may order that the person serve the remainder
of the minimum penalty under paragraph (a), clause (1), on
intensive probation using an electronic monitoring system or, if
such a system is unavailable, on home detention.
Notwithstanding section 609.135, the penalties in this
subdivision must be imposed and executed.
Subd. 5. [LEVEL OF CARE RECOMMENDED IN CHEMICAL USE
ASSESSMENT.] In addition to other penalties required under this
section, the court shall order a person to submit to the level
of care recommended in the chemical use assessment conducted
under section 169A.70 (alcohol safety program; chemical use
assessments) if the person is convicted of violating section
169A.20 (driving while impaired) while having an alcohol
concentration of 0.20 or more as measured at the time, or within
two hours of the time, of the offense or if the violation occurs
within ten years of one or more qualified prior impaired driving
incidents. [169.121, subd. 3d (par. (a) to (g)); 169.121, subd.
3b (par. (h))]
Sec. 12. [169A.277] [LONG-TERM MONITORING.]
Subdivision 1. [APPLICABILITY.] This section applies to a
person convicted of:
(1) a violation of section 169A.20 (driving while impaired)
within ten years of the first of two or more prior impaired
driving convictions;
(2) a violation of section 169A.20, if the person is under
the age of 19 years and has previously been convicted of
violating section 169A.20 or Minnesota Statutes 1998, section
169.121 (driver under the influence of alcohol or controlled
substance); or
(3) a violation of section 169A.20, while the person's
driver's license or driving privileges have been canceled under
section 171.04, subdivision 1, clause (9) (persons not eligible
for drivers' licenses, inimical to public safety).
Subd. 2. [MONITORING REQUIRED.] When the court sentences a
person described in subdivision 1 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 concentration 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.
Subd. 3. [REIMBURSEMENT.] 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. [169.121, subd. 3e]
Sec. 13. [169A.28] [CONSECUTIVE SENTENCES.]
Subdivision 1. [MANDATORY CONSECUTIVE SENTENCES.] The
court shall impose consecutive sentences when it sentences a
person for:
(1) violations of section 169A.20 (driving while impaired)
arising out of separate courses of conduct;
(2) a violation of section 169A.20 when the person, at the
time of sentencing, is on probation for, or serving, an executed
sentence for a violation of section 169A.20 or Minnesota
Statutes 1998, section 169.121 (driver under the influence of
alcohol or controlled substance) or 169.129 (aggravated
DWI-related violations; penalty), and the prior sentence
involved a separate course of conduct; or
(3) a violation of section 169A.20 and another offense
arising out of a single course of conduct that is listed in
subdivision 2, paragraph (f), when the person has five or more
qualified prior impaired driving incidents within the past ten
years. [169.121, subd. 3, par. (f) and (i); 609.035, subd. 2,
par. (g)]
Subd. 2. [PERMISSIVE CONSECUTIVE SENTENCES; MULTIPLE
OFFENSES.] (a) When a person is being sentenced for a violation
of a provision listed in paragraph (e), the court may sentence
the person to a consecutive term of imprisonment for a violation
of any other provision listed in paragraph (e), notwithstanding
the fact that the offenses arose out of the same course of
conduct, subject to the limitation on consecutive sentences
contained in section 609.15, subdivision 2, and except as
provided in paragraphs (b) and (c) of this subdivision.
(b) When a person is being sentenced for a violation of
section 171.20 (operation after revocation, suspension,
cancellation, or disqualification), 171.24 (driving without
valid license), or 171.30 (violation of condition of limited
license), the court may not impose a consecutive sentence for
another violation of a provision in chapter 171 (drivers'
licenses and training schools).
(c) When a person is being sentenced for a violation of
section 169.791 (failure to provide proof of insurance) or
169.797 (failure to provide vehicle insurance), the court may
not impose a consecutive sentence for another violation of a
provision of sections 169.79 to 169.7995.
(d) This subdivision does not limit the authority of the
court to impose consecutive sentences for crimes arising on
different dates or to impose a consecutive sentence when a
person is being sentenced for a crime and is also in violation
of the conditions of a stayed or otherwise deferred sentence
under section 609.135 (stay of imposition or execution of
sentence).
(e) This subdivision applies to misdemeanor and gross
misdemeanor violations of the following if the offender has two
or more prior impaired driving convictions within the past ten
years:
(1) section 169A.20 (driving while impaired);
(2) section 169.791;
(3) section 169.797;
(4) section 171.20, subdivision 2 (operation after
revocation, suspension, cancellation, or disqualification);
(5) section 171.24; and
(6) section 171.30. [169.121, subd. 3, par. (h); 609.035,
subd. 2]
Subd. 3. [PERMISSIVE CONSECUTIVE SENTENCES; PREVIOUS
OFFENSES.] The court may order that the sentence imposed for a
violation of section 169A.20 (driving while impaired) run
consecutively to a previously imposed misdemeanor, gross
misdemeanor, or felony sentence for a violation other than
section 169A.20. [169.121, subd. 3, par. (f)]
Sec. 14. [169A.283] [STAY OF EXECUTION OF SENTENCE.]
Subdivision 1. [STAY AUTHORIZED.] Except as otherwise
provided in section 169A.275 (mandatory penalties), when a court
sentences a person convicted of a violation of section 169A.20
(driving while impaired), the court may stay execution of the
criminal sentence described in section 169A.25 (first-degree
driving while impaired), 169A.26 (second-degree driving while
impaired), or 169A.27 (third-degree driving while impaired), on
the condition that the convicted person submit to the level of
care recommended in the chemical use assessment report required
under section 169A.70 (alcohol safety programs; chemical use
assessments). If the court does not order a level of care in
accordance with the assessment report recommendation as a
condition of a stay of execution, it shall state on the record
its reasons for not following the assessment report
recommendation.
Subd. 2. [MANNER AND LENGTH OF STAY, REQUIRED REPORT.] A
stay of execution must be in the manner provided in section
609.135 (stay of imposition or execution of sentence). The
length of stay is governed by section 609.135, subdivision 2.
The court shall report to the commissioner any stay of execution
of sentence granted under this section.
Subd. 3. [NO STAY OF LICENSE REVOCATION.] The court may
not stay the execution of the driver's license revocation
provisions of section 169A.54 (impaired driving convictions and
adjudications; administrative penalties). [169.121, subd. 3,
par. (g); 169.121, subd. 5]
Sec. 15. [169A.284] [CHEMICAL DEPENDENCY ASSESSMENT
CHARGE; SURCHARGE.]
Subdivision 1. [WHEN REQUIRED.] (a) When a court sentences
a person convicted of an offense enumerated in section 169A.70,
subdivision 2 (chemical use assessment; requirement; form), it
shall impose a chemical dependency assessment charge of $125. A
person shall pay an additional surcharge of $5 if the person is
convicted of a violation of section 169A.20 (driving while
impaired) within five years of a prior impaired driving
conviction or a prior conviction for an offense arising out of
an arrest for a violation of section 169A.20 or Minnesota
Statutes 1998, section 169.121 (driver under influence of
alcohol or controlled substance) or 169.129 (aggravated
DWI-related violations; penalty). This section applies when the
sentence is executed, stayed, or suspended. The court may not
waive payment or authorize payment of the assessment charge and
surcharge in installments unless it makes written findings on
the record that the convicted person is indigent or that the
assessment charge and surcharge would create undue hardship for
the convicted person or that person's immediate family.
(b) The chemical dependency assessment charge and surcharge
required under this section are in addition to the surcharge
required by section 357.021, subdivision 6 (surcharges on
criminal and traffic offenders). [169.121, subd. 5a]
Subd. 2. [DISTRIBUTION OF MONEY.] The county shall collect
and forward to the commissioner of finance $25 of the chemical
dependency assessment charge and the $5 surcharge, if any,
within 60 days after sentencing or explain to the commissioner
in writing why the money was not forwarded within this time
period. The commissioner shall credit the money to the general
fund. The county shall collect and keep $100 of the chemical
dependency assessment charge. [169.121, subd. 5a]
Sec. 16. [169A.285] [PENALTY ASSESSMENT.]
Subdivision 1. [AUTHORITY; AMOUNT.] When a court sentences
a person who violates section 169A.20 (driving while impaired)
while having an alcohol concentration of 0.20 or more as
measured at the time, or within two hours of the time, of the
violation, 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 law.
Subd. 2. [ASSESSMENT DISTRIBUTION.] Money collected under
this section 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. [169.121, subd. 5b]
Sec. 17. [169A.31] [ALCOHOL-RELATED SCHOOL BUS OR HEAD
START BUS DRIVING.]
Subdivision 1. [CRIME DESCRIBED.] 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 when there is
physical evidence present in the person's body of the
consumption of any alcohol. [169.1211, subd. 1, par. (b)]
Subd. 2. [GROSS MISDEMEANOR ALCOHOL-RELATED SCHOOL BUS OR
HEAD START BUS DRIVING.] A person who violates subdivision 1 is
guilty of gross misdemeanor alcohol-related school bus or Head
Start bus driving if:
(1) the violation occurs while a child under the age of 16
is in the vehicle, if the child is more than 36 months younger
than the violator; or
(2) the violation occurs within ten years of a qualified
prior impaired driving incident. [169.1211, subd. 5, par. (b)]
Subd. 3. [MISDEMEANOR ALCOHOL-RELATED SCHOOL BUS OR HEAD
START BUS DRIVING.] Except as provided in subdivision 2, a
person who violates subdivision 1 is guilty of misdemeanor
alcohol-related school bus or Head Start bus driving. [169.1211,
subd. 5, par. (a)]
Sec. 18. [169A.33] [UNDERAGE DRINKING AND DRIVING.]
Subdivision 1. [DEFINITION.] As used in this section,
"motor vehicle" does not include motorboats in operation or
off-road recreational vehicles. [new]
Subd. 2. [CRIME DESCRIBED.] It is a crime for a person
under the age of 21 years to drive, operate, or be in physical
control of 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. [169.1218, par. (a)]
Subd. 3. [CRIMINAL PENALTY.] A person who violates
subdivision 2 is guilty of a misdemeanor. [169.1218, par. (a)]
Subd. 4. [ADMINISTRATIVE PENALTY.] When a person is found
to have committed an offense under subdivision 2, the court
shall notify the commissioner 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 subdivision 2 or a statute or ordinance
in conformity with it. [169.1218, par. (b)]
Subd. 5. [EXCEPTION.] If the person's conduct violates
section 169A.20 (driving while impaired) or 169A.31
(alcohol-related school bus or Head Start bus driving), the
penalties and license sanctions in those laws or section 169A.54
(impaired driving convictions and adjudications; administrative
penalties) apply instead of the license sanction in subdivision
4. [169.1218, par. (c)]
Subd. 6. [JURISDICTION.] An offense under subdivision 2
may be prosecuted either in the jurisdiction where consumption
occurs or the jurisdiction where evidence of consumption is
observed. [169.1218, par. (d)]
Sec. 19. [169A.35] [OPEN BOTTLE LAW.]
Subdivision 1. [DEFINITIONS.] As used in this section:
(1) "motor vehicle" does not include motorboats in
operation or off-road recreational vehicles; and
(2) "possession" means either that the person had actual
possession of the bottle or receptacle or that the person
consciously exercised dominion and control over the bottle or
receptacle. [new; 169.122, subd. 2]
Subd. 2. [DRINKING AND CONSUMPTION; CRIME DESCRIBED.] It
is a crime for a person to drink or consume intoxicating liquor
or 3.2 percent malt liquor in a motor vehicle when the vehicle
is upon a street or highway. [169.122, subd. 1]
Subd. 3. [POSSESSION; CRIME DESCRIBED.] It is a crime for
a person to have in possession, while in a private motor vehicle
upon a street or highway, any bottle or receptacle containing
intoxicating liquor or 3.2 percent malt liquor which has been
opened, or the seal broken, or the contents of which have been
partially removed. [169.122, subd. 2]
Subd. 4. [LIABILITY OF NONPRESENT OWNER; CRIME DESCRIBED.]
It is a crime for the owner of any private motor vehicle or the
driver, if the owner is not present in the motor vehicle, to
keep or allow to be kept in a motor vehicle when the vehicle is
upon a street or highway any bottle or receptacle containing
intoxicating liquor or 3.2 percent malt liquor which has been
opened, or the seal broken, or the contents of which have been
partially removed. [169.122, subd. 3]
Subd. 5. [CRIMINAL PENALTY.] A person who violates
subdivisions 2 to 4 is guilty of a misdemeanor. [169.122, subd.
4]
Subd. 6. [EXCEPTIONS.] (a) This section does not prohibit
the possession or consumption of alcoholic beverages by
passengers in:
(1) a bus that is operated by a motor carrier of
passengers, as defined in section 221.011, subdivision 48; or
(2) a vehicle providing limousine service as defined in
section 221.84, subdivision 1.
(b) Subdivisions 3 and 4 do not apply to a bottle or
receptacle that is in the trunk of the vehicle if it is equipped
with a trunk, or that is in another area of the vehicle not
normally occupied by the driver and passengers if the vehicle is
not equipped with a trunk. However, a utility compartment or
glove compartment is deemed to be within the area occupied by
the driver and passengers. [169.122, subds. 2, 3, and 5]
Sec. 20. [169A.37] [LICENSE PLATE IMPOUNDMENT VIOLATION
CRIME.]
Subdivision 1. [CRIME DESCRIBED.] It is a crime for a
person to:
(1) fail to comply with an impoundment order under section
169A.60 (administrative plate impoundment);
(2) file a false statement under section 169A.60,
subdivision 7 or 8;
(3) operate a self-propelled motor vehicle on a street or
highway when the vehicle is subject to an impoundment order
issued under section 169A.60; or
(4) fail to notify the commissioner of the impoundment
order when requesting new plates. [168.042, subd. 14]
Subd. 2. [CRIMINAL PENALTY.] A person who violates
subdivision 1 is guilty of a misdemeanor. [168.042, subd. 14]
PROCEDURAL PROVISIONS
Sec. 21. [169A.40] [ARREST FOR DRIVING WHILE IMPAIRED OR
ALCOHOL-RELATED SCHOOL BUS OR HEAD START BUS DRIVING OFFENSE.]
Subdivision 1. [PROBABLE CAUSE ARREST.] A peace officer
may lawfully arrest a person for violation of section 169A.20
(driving while impaired), 169A.31 (alcohol-related school bus or
Head Start bus driving), or 169A.33 (underage drinking and
driving), without a warrant upon probable cause, without regard
to whether the violation was committed in the officer's presence.
Subd. 2. [FRESH PURSUIT.] When a peace officer has
probable cause to believe that a person is driving or operating
a motor vehicle in violation of section 169A.20 (driving while
impaired), 169A.31 (alcohol-related school bus or Head Start bus
driving), or 169A.33 (underage drinking and driving) and before
a stop or arrest can be made the person escapes from the
geographical limits of the officer's jurisdiction, the officer
in fresh pursuit of the person may stop or arrest the person in
another jurisdiction within this state and may exercise the
powers and perform the duties of a peace officer under this
chapter. An officer acting in fresh pursuit pursuant to this
section is serving in the regular line of duty as fully as
though within the officer's jurisdiction.
Subd. 3. [FIRST-DEGREE DWI OFFENDERS; CUSTODIAL
ARREST.] Notwithstanding rule 6.01 of the Rules of Criminal
Procedure, a peace officer acting without a warrant who has
decided to proceed with the prosecution of a person for
violating section 169A.20 (driving while impaired), shall arrest
and take the person into custody if the officer has reason to
believe the violation occurred under the circumstances described
in section 169A.25 (first-degree driving while impaired). The
person shall be detained until the person's first court
appearance.
Subd. 4. [OTHER ARREST POWERS NOT LIMITED.] The express
grant of arrest powers in this section does not limit the arrest
powers of peace officers pursuant to sections 626.65 to 626.70
(uniform law on fresh pursuit) or section 629.40 (allowing
arrests anywhere in state) in cases of arrests for violation of
section 169A.20 (driving while impaired), 169A.31
(alcohol-related school bus or Head Start bus driving), 169A.33
(underage drinking and driving), or any other provision of
law. [169.121, subd. 1b]
Sec. 22. [169A.41] [PRELIMINARY SCREENING TEST.]
Subdivision 1. [WHEN AUTHORIZED.] 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 section 169A.20
(driving while impaired), 169A.31 (alcohol-related school bus or
Head Start bus driving), or 169A.33 (underage drinking and
driving), 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 for this purpose.
Subd. 2. [USE OF TEST RESULTS.] The results of this
preliminary screening test must be used for the purpose of
deciding whether an arrest should be made and whether to require
the tests authorized in section 169A.51 (chemical tests for
intoxication), but must 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 169A.51, subdivision 1;
(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;
(4) in a prosecution or juvenile court proceeding
concerning a violation of section 169A.33 (underage drinking and
driving), or 340A.503, subdivision 1, paragraph (a), clause (2)
(underage alcohol consumption);
(5) in a prosecution under section 169A.31,
(alcohol-related school or Head Start bus driving); or 171.30
(limited license); 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.
Subd. 3. [ADDITIONAL TESTS.] Following the screening test
additional tests may be required of the driver pursuant to the
provisions of section 169A.51 (chemical tests for intoxication).
Subd. 4. [CONSEQUENCES OF REFUSAL.] The driver who refuses
to furnish a sample of the driver's breath is subject to the
provisions of section 169A.51 (chemical tests for intoxication),
unless the driver submits to a blood, breath, or urine test to
determine the presence or amount of alcohol, controlled
substances, or hazardous substances in compliance with section
169A.51. [169.121, subd. 6]
Sec. 23. [169A.42] [IMPOUNDMENT OF MOTOR VEHICLE UNDER
LOCAL ORDINANCE; REDEMPTION.]
Subdivision 1. [DEFINITION.] As used in this section,
"impoundment" means the removal of a motor vehicle to a storage
facility or impound lot as authorized by a local ordinance.
Subd. 2. [REDEMPTION; PREREQUISITES.] If a motor vehicle
is impounded by a peace officer following the arrest or taking
into custody of a driver for a violation of section 169A.20
(driving while impaired), or an ordinance in conformity with it,
the impounded vehicle must only be released from impoundment:
(1) to the registered owner, a person authorized by the
registered owner, a lienholder of record, or a person who has
purchased the vehicle from the registered owner, who provides
proof of ownership of the vehicle, proof of valid Minnesota
driving privileges, and proof of insurance required by law to
cover the vehicle;
(2) if the vehicle is subject to a rental or lease
agreement, to a renter or lessee with valid Minnesota driving
privileges who provides a copy of the rental or lease agreement
and proof of insurance required by law to cover the vehicle; or
(3) to an agent of a towing company authorized by a
registered owner if the owner provides proof of ownership of the
vehicle and proof of insurance required by law to cover the
vehicle.
Subd. 3. [TO WHOM INFORMATION PROVIDED.] The proof of
ownership and insurance or, if applicable, the copy of the
rental or lease agreement required by subdivision 2 must be
provided to the law enforcement agency impounding the vehicle or
to a person or entity designated by the law enforcement agency
to receive the information.
Subd. 4. [LIABILITY FOR STORAGE COSTS.] No law enforcement
agency, local unit of government, or state agency is responsible
or financially liable for any storage fees incurred due to an
impoundment under this section. [169.1216]
Sec. 24. [169A.43] [RESPONSIBILITY FOR PROSECUTION;
CRIMINAL HISTORY INFORMATION.]
Subdivision 1. [DEFINITION.] As used in this section,
"impaired driving offense" includes violations of sections
169A.20 to 169A.33. [new]
Subd. 2. [PROSECUTION.] The attorney in the jurisdiction
in which an impaired driving offense occurred who is responsible
for prosecution of misdemeanor-level impaired driving offenses
is also responsible for prosecution of gross misdemeanor-level
impaired driving offenses. [169.121, subd. 3, par. (f) and
169.129, subd. 3]
Subd. 3. [VENUE.] (a) A violation of section 169A.20,
subdivision 2 (refusal to submit to chemical test) 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. [169.121, subd. 3, par. (k)]
(b) An underage drinking and driving offense may be
prosecuted as provided in section 169A.33, subdivision 6
(underage drinking and driving). [new cross-reference; see also
169.1218, par. (d)]
Subd. 4. [CRIMINAL HISTORY INFORMATION.] When an attorney
responsible for prosecuting impaired driving offenses requests
criminal history information relating to prior impaired driving
convictions from a court, the court shall furnish the
information without charge. [169.121, subd. 3, par. (j)]
Sec. 25. [169A.44] [CONDITIONAL RELEASE.]
(a) This section applies to a person charged with:
(1) a violation of section 169A.20 (driving while impaired)
within ten years of the first of two or more prior impaired
driving convictions;
(2) a violation of section 169A.20, if the person is under
the age of 19 years and has previously been convicted of
violating section 169A.20 or Minnesota Statutes 1998, section
169.121 (driver under the influence of alcohol or controlled
substance);
(3) a violation of section 169A.20, while the person's
driver's license or driving privileges have been canceled under
section 171.04, subdivision 1, clause (9) (persons not eligible
for drivers' licenses, inimical to public safety); or
(4) a violation of section 169A.20 by a person having an
alcohol concentration of 0.20 or more as measured at the time,
or within two hours of the time, of the offense.
(b) Unless maximum bail is imposed under section 629.471, a
person described in paragraph (a) may be released from detention
only if the person agrees to:
(1) abstain from alcohol; and
(2) submit to a program of electronic alcohol monitoring,
involving at least daily measurements of the person's alcohol
concentration, pending resolution of the charge.
Clause (2) applies only when electronic alcohol monitoring
equipment is available to 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.
(c) Unless maximum bail is imposed under section 629.471,
subdivision 2, a person charged with violating section 169A.20
within ten years of the first of three 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 (b), 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 person report weekly to a
probation agent;
(4) a requirement that the person abstain from consumption
of alcohol and controlled substances and submit to random
alcohol tests or urine analyses at least weekly; and
(5) a requirement that, if convicted, the person reimburse
the court or county for the total cost of these
services. [169.121, subd. 1c]
Sec. 26. [169A.45] [EVIDENCE.]
Subdivision 1. [ALCOHOL CONCENTRATION EVIDENCE.] Upon the
trial of any prosecution arising out of acts alleged to have
been committed by any person arrested for violating section
169A.20 (driving while impaired) or 169A.31 (alcohol-related
school bus or Head Start bus driving), the court may admit
evidence of the presence or amount of alcohol in the person's
blood, breath, or urine as shown by an analysis of those items.
In addition, in a prosecution for a violation of section
169A.20, the court may admit evidence of the presence or amount
of controlled substances or hazardous substances in the person's
blood, breath, or urine as shown by an analysis of those items.
Subd. 2. [RELEVANT EVIDENCE OF IMPAIRMENT.] For the
purposes of section 169A.20 (driving while impaired), 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.
Subd. 3. [EVIDENCE OF REFUSAL.] Evidence of the refusal to
take a test is admissible into evidence in a prosecution under
section 169A.20 (driving while impaired).
Subd. 4. [OTHER COMPETENT EVIDENCE ADMISSIBLE.] The
preceding provisions do not limit the introduction of any other
competent evidence bearing upon the question of whether the
person violated section 169A.20 (driving while impaired) or
169A.31 (alcohol-related school bus or Head Start bus driving),
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
described in section 169A.51, subdivision 5, paragraph (b)
(breath test using infrared breath-testing instrument).
[169.121, subd. 2]
Sec. 27. [169A.46] [AFFIRMATIVE DEFENSES.]
Subdivision 1. [IMPAIRMENT OCCURRED AFTER DRIVING CEASED.]
If proven by a preponderance of the evidence, it is an
affirmative defense to a violation of section 169A.20,
subdivision 1, clause (5) (driving while impaired, alcohol
concentration within two hours of driving), or 169A.20 by a
person having an alcohol concentration of 0.20 or more as
measured at the time, or within two hours of the time, of the
offense, that the defendant consumed a sufficient quantity of
alcohol after the time of the violation and before the
administration of the evidentiary test to cause the defendant's
alcohol concentration to exceed the level specified in the
applicable clause. Evidence that the defendant consumed alcohol
after the time of the violation may not be admitted in defense
to any alleged violation of section 169A.20, unless notice is
given to the prosecution prior to the omnibus or pretrial
hearing in the matter.
Subd. 2. [IMPAIRMENT FROM PRESCRIPTION DRUG.] If proven by
a preponderance of the evidence, it is an affirmative defense to
a violation of section 169A.20 subdivision 1, clause (7)
(presence of schedule I or II controlled substance), 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. [169.121, subd. 2; 169.1211, subd.
3]
Sec. 28. [169A.47] [NOTICE OF ENHANCED PENALTY.]
When a court sentences a person for a violation of sections
169A.20 to 169A.31 (impaired driving offenses), it shall inform
the defendant of the statutory provisions that provide for
enhancement of criminal penalties for repeat violators, and the
provisions that provide for administrative plate impoundment and
forfeiture of motor vehicles used to commit an impaired driving
offense. The notice must describe the conduct and the time
periods within which the conduct must occur in order to result
in increased penalties, plate impoundment, or forfeiture. 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. [169.121, subd. 3, par. (d), and
subd. 3c]
Sec. 29. [169A.48] [IMMUNITY FROM LIABILITY.]
Subdivision 1. [DEFINITION.] For purposes of this section,
"political subdivision" means a county, statutory or home rule
charter city, or town.
Subd. 2. [IMMUNITY.] The state or political subdivision by
which a peace officer making an arrest for violation of sections
169A.20 to 169A.33 (impaired driving offenses), is employed has
immunity from any liability, civil or criminal, for the care or
custody of the motor vehicle being driven by, operated by, or in
the physical control of the person arrested if the peace officer
acts in good faith and exercises due care. [169.121, subd. 9]
ADMINISTRATIVE PROVISIONS
Sec. 30. [169A.50] [CITATION.]
Sections 169A.50 to 169A.53 may be cited as the implied
consent law. [new]
Sec. 31. [169A.51] [CHEMICAL TESTS FOR INTOXICATION.]
Subdivision 1. [IMPLIED CONSENT; CONDITIONS; ELECTION OF
TEST.] (a) Any person who drives, operates, or is in physical
control of a motor vehicle within this state or on any boundary
water of this state consents, subject to the provisions of
sections 169A.50 to 169A.53 (implied consent law), and section
169A.20 (driving while impaired), to a chemical test of that
person's blood, breath, or urine for the purpose of determining
the presence of alcohol, controlled substances, or hazardous
substances. The test must be administered at the direction of a
peace officer.
(b) The test may be required of a person when an officer
has probable cause to believe the person was driving, operating,
or in physical control of a motor vehicle in violation of
section 169A.20 (driving while impaired), and one of the
following conditions exist:
(1) the person has been lawfully placed under arrest for
violation of section 169A.20 or an ordinance in conformity with
it;
(2) the person has been involved in a motor vehicle
accident or collision resulting in property damage, personal
injury, or death;
(3) the person has refused to take the screening test
provided for by section 169A.41 (preliminary screening test); or
(4) the screening test was administered and indicated an
alcohol concentration of 0.10 or more.
(c) The test may also be required of a person when an
officer has probable cause to believe the person was driving,
operating, or in physical control of a commercial motor vehicle
with the presence of any alcohol. [169.123, subd. 2, par. (a)]
Subd. 2. [IMPLIED CONSENT ADVISORY.] At the time a test is
requested, the person must be informed:
(1) that Minnesota law requires the person to take a test:
(i) to determine if the person is under the influence of
alcohol, controlled substances, or hazardous substances;
(ii) to determine the presence of a controlled substance
listed in schedule I or II, other than marijuana or
tetrahydrocannabinols; and
(iii) if the motor vehicle was a commercial motor vehicle,
to determine the presence of alcohol;
(2) that refusal to take a test is a crime;
(3) if the peace officer has probable cause to believe the
person has violated the criminal vehicular homicide and injury
laws, that a test will be taken with or without the person's
consent; and
(4) that the person has the right to consult with an
attorney, but that this right is limited to the extent that it
cannot unreasonably delay administration of the test. [169.123,
subd. 2, par. (b)]
Subd. 3. [TYPE OF TEST.] The peace officer who requires a
test pursuant to this section may direct whether the test is of
blood, breath, or urine. Action may be taken against a person
who refuses to take a blood test only if an alternative test was
offered and action may be taken against a person who refuses to
take a urine test only if an alternative test was
offered. [169.123, subd. 2, par. (c)]
Subd. 4. [REQUIREMENT OF URINE OR BLOOD
TEST.] Notwithstanding subdivision 3, a blood or urine test may
be required even after a breath test has been administered if
there is probable cause to believe that:
(1) there is impairment by a controlled substance or
hazardous substance that is not subject to testing by a breath
test; or
(2) a controlled substance listed in schedule I or II,
other than marijuana or tetrahydrocannabinols, is present in the
person's body.
Action may be taken against a person who refuses to take a
blood test under this subdivision only if a urine test was
offered and action may be taken against a person who refuses to
take a urine test only if a blood test was offered. [169.123,
subd. 2a]
Subd. 5. [BREATH TEST USING INFRARED BREATH-TESTING
INSTRUMENT.] (a) In the case of a breath test administered using
an infrared breath-testing instrument, the test must consist of
analyses in the following sequence: one adequate breath sample
analysis, one calibration standard analysis, and a second,
adequate breath sample analysis.
(b) In the case of a test administered using an infrared
breath-testing instrument, a sample is adequate if the
instrument analyzes the sample and does not indicate the sample
is deficient.
(c) For purposes of section 169A.52 (revocation of license
for test failure or refusal), when a test is administered using
an infrared breath-testing instrument, failure of a person to
provide two separate, adequate breath samples in the proper
sequence constitutes a refusal. [169.123, subd. 2b]
Subd. 6. [CONSENT OF PERSON INCAPABLE OF REFUSAL NOT
WITHDRAWN.] A person who is unconscious or who is otherwise in a
condition rendering the person incapable of refusal is deemed
not to have withdrawn the consent provided by subdivision 1 and
the test may be given. [169.123, subd. 2c]
Subd. 7. [REQUIREMENTS FOR CONDUCTING TESTS;
LIABILITY.] (a) Only a physician, medical technician,
physician's trained mobile intensive care paramedic, registered
nurse, medical technologist, or laboratory assistant acting at
the request of a peace officer may withdraw blood for the
purpose of determining the presence of alcohol, controlled
substances, or hazardous substances. This limitation does not
apply to the taking of a breath or urine sample.
(b) The person tested has the right to have someone of the
person's own choosing administer a chemical test or tests in
addition to any administered at the direction of a peace
officer; provided, that the additional test sample on behalf of
the person is obtained at the place where the person is in
custody, after the test administered at the direction of a peace
officer, and at no expense to the state. The failure or
inability to obtain an additional test or tests by a person does
not preclude the admission in evidence of the test taken at the
direction of a peace officer unless the additional test was
prevented or denied by the peace officer.
(c) The physician, medical technician, physician's trained
mobile intensive care paramedic, medical technologist,
laboratory assistant, or registered nurse drawing blood at the
request of a peace officer for the purpose of determining the
concentration of alcohol, controlled substances, or hazardous
substances is in no manner liable in any civil or criminal
action except for negligence in drawing the blood. The person
administering a breath test must be fully trained in the
administration of breath tests pursuant to training given by the
commissioner of public safety. [169.123, subd. 3]
Sec. 32. [169A.52] [TEST REFUSAL OR FAILURE; LICENSE
REVOCATION.]
Subdivision 1. [TEST REFUSAL.] If a person refuses to
permit a test, then a test must not be given, but the peace
officer shall report the refusal to the commissioner and the
authority having responsibility for prosecution of impaired
driving 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 (criminal
vehicular homicide and injury), 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 (obstructing legal process), unless the refusal
was accompanied by force or violence or the threat of force or
violence. [169.123, subd. 4, par. (a)]
Subd. 2. [TEST FAILURE.] If a person submits to a test,
the results of that test must be reported to the commissioner
and to the authority having responsibility for prosecution of
impaired driving 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. [169.123, subd. 4, par. (b)]
Subd. 3. [TEST REFUSAL; LICENSE REVOCATION.] (a) 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
169A.20 (driving while impaired), and that the person refused to
submit to a test, the commissioner 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.
(b) 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 169A.20
(driving while impaired), 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 (commercial driver's license
disqualification) and shall revoke the person's license or
permit to drive or nonresident operating privilege for a period
of one year. [169.123, subd. 4, par. (c) and (d)]
Subd. 4. [TEST FAILURE; LICENSE REVOCATION.] (a) 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
169A.20 (driving while impaired) 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 shall revoke the
person's license or permit to drive, or nonresident operating
privilege:
(1) for a period of 90 days;
(2) if the person is under the age of 21 years, for a
period of six months;
(3) for a person with a qualified prior impaired driving
incident within the past ten 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).
(b) 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 shall disqualify the person from
operating a commercial motor vehicle under section 171.165
(commercial driver's license disqualification). [169.123, subd.
4, par. (e) and (f)]
Subd. 5. [UNLICENSED DRIVERS; LICENSE ISSUANCE DENIAL.] If
the person is a resident without a license or permit to operate
a motor vehicle in this state, the commissioner shall deny to
the person the issuance of a license or permit after the date of
the alleged violation for the same period as provided in this
section for revocation, subject to review as provided in section
169A.53 (administrative and judicial review of license
revocation). [169.123, subd. 4, par. (g)]
Subd. 6. [NOTICE OF REVOCATION, DISQUALIFICATION, OR
DETERMINATION TO DENY; REQUEST FOR HEARING.] A revocation under
this section or a disqualification under section 171.165
(commercial driver's license disqualification) becomes effective
at the time the commissioner or a peace officer acting on behalf
of the commissioner notifies the person of the intention to
revoke, disqualify, or both, and of revocation or
disqualification. The notice must advise the person of the
right to obtain administrative and judicial review as provided
in section 169A.53 (administrative and judicial review of
license revocation). If mailed, the notice and order of
revocation or disqualification is deemed received three days
after mailing to the last known address of the person.
[169.123, subd. 5]
Subd. 7. [TEST REFUSAL; DRIVING PRIVILEGE LOST.] (a) On
behalf of the commissioner, a peace officer requiring a test or
directing the administration of a chemical test shall serve
immediate notice of intention to revoke and of revocation on a
person who refuses to permit a test or on a person who submits
to a test the results of which indicate an alcohol concentration
of 0.10 or more.
(b) On behalf of the commissioner, a peace officer
requiring a test or directing the administration of a chemical
test of a person driving, operating, or in physical control of a
commercial motor vehicle shall serve immediate notice of
intention to disqualify and of disqualification on a person who
refuses to permit a test, or on a person who submits to a test
the results of which indicate an alcohol concentration of 0.04
or more.
(c) The officer shall either:
(1) take the driver's license or permit, if any, send it to
the commissioner along with the certificate required by
subdivision 3 or 4, and issue a temporary license effective only
for seven days; or
(2) invalidate the driver's license or permit in such a way
that no identifying information is destroyed. [169.123, subd.
5a]
Subd. 8. [NOTICE OF ACTION TO OTHER STATES.] When a
nonresident's privilege to operate a motor vehicle in this state
has been revoked or denied, the commissioner shall give
information in writing of the action taken to the official in
charge of traffic control or public safety of the state of the
person's residence and of any state in which the person has a
license. [169.123, subd. 8]
Sec. 33. [169A.53] [ADMINISTRATIVE AND JUDICIAL REVIEW OF
LICENSE REVOCATION.]
Subdivision 1. [ADMINISTRATIVE REVIEW.] (a) At any time
during a period of revocation imposed under section 169A.52
(revocation of license for test failure or refusal) or a period
of disqualification imposed under section 171.165 (commercial
driver's license disqualification), a person may request in
writing a review of the order of revocation or disqualification
by the commissioner, unless the person is entitled to review
under section 171.166 (review of disqualification). Upon
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. Within 15 days of
receiving the request the commissioner shall report in writing
the results of the review. The review provided in this
subdivision is not subject to the contested case provisions of
the Administrative Procedure Act in sections 14.001 to 14.69.
(b) The availability of administrative review for an order
of revocation or disqualification has no effect upon the
availability of judicial review under this section.
(c) Review under this subdivision must take place, if
possible, at the same time as any administrative review of the
person's impoundment order under section 169A.60, subdivision 9.
[169.123, subd. 5b]
Subd. 2. [PETITION FOR JUDICIAL REVIEW.] (a) Within 30
days following receipt of a notice and order of revocation or
disqualification pursuant to section 169A.52 (revocation of
license for test failure or refusal), a person may petition the
court for review. The petition must 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, and accompanied by the standard filing fee for
civil actions. Responsive pleading is not required of the
commissioner, and court fees must not be charged for the
appearance of the commissioner in the matter.
(b) The petition must:
(1) be captioned in the full name of the person making the
petition as petitioner and the commissioner as respondent;
(2) include the petitioner's date of birth, driver's
license number, and date of the offense; and
(3) state with specificity the grounds upon which the
petitioner seeks rescission of the order of revocation,
disqualification, or denial.
(c) The filing of the petition does 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 must 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; and
(4) disclosure of potential witnesses, including experts,
and the basis of their testimony.
Other types of discovery are available only upon order of
the court. [169.123, subd. 5c]
Subd. 3. [HEARING.] (a) A judicial review hearing under
this section must be before a district judge in any county in
the judicial district where the alleged offense occurred. The
hearing is 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 169A.20 (driving while
impaired), if any. The hearing must be recorded. The
commissioner shall appear and be represented by the attorney
general or through the prosecuting authority for the
jurisdiction involved. 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 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 locations within the judicial
district where terms of district court are held.
(b) The scope of the hearing is limited to the issues in
clauses (1) to (10):
(1) Did the peace officer have probable cause to believe
the person was driving, operating, or in physical control of a
motor vehicle or commercial motor vehicle in violation of
section 169A.20 (driving while impaired)?
(2) Was the person lawfully placed under arrest for
violation of section 169A.20?
(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 169A.41 (preliminary screening test)?
(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
section 169A.51, subdivision 2?
(7) Did the person refuse to permit the test?
(8) If a test was taken 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; or
(ii) the presence of a controlled substance listed in
schedule I or II, other than marijuana or tetrahydrocannabinols?
(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?
(10) Was the testing method used valid and reliable and
were the test results accurately evaluated?
(c) 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.
(d) Certified or otherwise authenticated copies of
laboratory or medical personnel reports, records, documents,
licenses, and certificates are 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. 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 for
further action by the commissioner if the license or permit is
not already in the commissioner's possession.
(f) Any party aggrieved by the decision of the reviewing
court may appeal the decision as provided in the rules of
appellate procedure. [169.123, subds. 6 and 7]
Sec. 34. [169A.54] [IMPAIRED DRIVING CONVICTIONS AND
ADJUDICATIONS; ADMINISTRATIVE PENALTIES.]
Subdivision 1. [DRIVING WHILE IMPAIRED
CONVICTIONS.] Except as provided in subdivision 7, the
commissioner shall revoke the driver's license of a person
convicted of violating section 169A.20 (driving while impaired)
or an ordinance in conformity with it, as follows:
(1) for an offense under section 169A.20, subdivision 1
(driving while impaired crime): not less than 30 days;
(2) for an offense under section 169A.20, subdivision 2
(refusal to submit to chemical test crime): not less than 90
days;
(3) for an offense occurring within ten years of a
qualified prior impaired driving incident:
(i) if the current conviction is for a violation of section
169A.20, 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 169A.70 (chemical use assessments); or
(ii) if the current conviction is for a violation of
section 169A.20, subdivision 2, 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 169A.70;
(4) for an offense occurring within ten years of the first
of two qualified prior impaired driving incidents: 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; or
(5) for an offense occurring within ten years of the first
of three or more qualified prior impaired driving incidents:
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. [169.121, subd. 4, par. (a)]
Subd. 2. [DRIVING WHILE IMPAIRED BY PERSON UNDER AGE
21.] If the person convicted of violating section 169A.20
(driving while impaired) is under the age of 21 years at the
time of the violation, the commissioner 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
subdivision 1, clauses (1) to (5), for the offense committed,
whichever is the greatest period. [169.121, subd. 4, par. (b)]
Subd. 3. [JUVENILE ADJUDICATIONS.] For purposes of this
section, a juvenile adjudication under section 169A.20 (driving
while impaired), an ordinance in conformity with it, or a
statute or ordinance from another state in conformity with it is
an offense. [169.121, subd. 4, par. (c)]
Subd. 4. [VIOLATIONS INVOLVING PERSONAL INJURY.] Whenever
department records show that the violation involved personal
injury or death to any person, at least 90 additional days must
be added to the base periods provided in subdivisions 1 to
3. [169.121, subd. 4, par. (d)]
Subd. 5. [VIOLATIONS INVOLVING AN ALCOHOL CONCENTRATION OF
0.20 OR MORE.] If the person is convicted of violating section
169A.20 (driving while impaired) while having an alcohol
concentration of 0.20 or more as measured at the time, or within
two hours of the time, of the offense, the commissioner shall
revoke the person's driver's license for twice the period of
time otherwise provided for in this section. [169.121, subd. 4,
par. (e)]
Subd. 6. [APPLICABILITY OF IMPLIED CONSENT REVOCATION
PROVISIONS.] Except for a person whose license has been revoked
under subdivision 2, and except for a person convicted of a
violation of section 169A.20 (driving while impaired) while
having a child under the age of 16 in the vehicle if the child
is more than 36 months younger than the offender, any person
whose license has been revoked pursuant to section 169A.52
(license revocation for test failure or refusal) as the result
of the same incident, and who does not have a qualified prior
impaired driving incident, is subject to the mandatory
revocation provisions of subdivision 1, clause (1) or (2), in
lieu of the mandatory revocation provisions of section
169A.52. [169.121, subd. 4, par. (f)]
Subd. 7. [ALCOHOL-RELATED COMMERCIAL VEHICLE DRIVING
VIOLATIONS.] (a) The administrative penalties described in
subdivision 1 do not apply to violations of section 169A.20,
subdivision 1 (driving while impaired crime), by a person
operating a commercial motor vehicle unless the person's alcohol
concentration as measured at the time, or within two hours of
the time, of the operation was 0.10 or more or the person
violates section 169A.20, subdivision 1, clauses (1) to (4) or
(7).
(b) The commissioner shall disqualify a person from
operating a commercial motor vehicle as provided under section
171.165 (commercial driver's license, disqualification), on
receipt of a record of conviction for a violation of section
169A.20.
(c) A person driving, operating, or in physical control of
a commercial motor vehicle with any presence of alcohol is
prohibited from operating a commercial motor vehicle for 24
hours from issuance of an out-of-service order. [169.1211, subd.
4, and 169.1215]
Subd. 8. [UNDERAGE DRINKING AND DRIVING VIOLATIONS.] The
administrative penalties described in section 169A.33,
subdivision 3, apply to violations of section 169A.33 (underage
drinking and driving). [new; see also 169.1218, par. (c)]
Subd. 9. [ALCOHOL-RELATED SCHOOL BUS DRIVING
VIOLATIONS.] The administrative penalties described in section
171.3215 (canceling school bus endorsements for certain offenses)
apply to violations of section 169A.20 (driving while impaired)
by a person driving, operating, or in physical control of a
school bus or Head Start bus. [new]
Subd. 10. [LICENSE REVOCATION; COURT INVALIDATION.] (a)
Except as provided in subdivision 7, on behalf of the
commissioner, a court shall serve notice of revocation or
cancellation on a person convicted of a violation of section
169A.20 (driving while impaired) unless the commissioner has
already revoked the person's driving privileges or served the
person with a notice of revocation for a violation of section
169A.52 (license revocation for test failure or refusal) arising
out of the same incident.
(b) The court shall invalidate the driver's license or
permit in such a way that no identifying information is
destroyed. [169.121, subd. 7]
Subd. 11. [CHEMICAL USE ASSESSMENT.] When the evidentiary
test shows an alcohol concentration of 0.07 or more, that result
must be reported to the commissioner. The commissioner shall
record that fact on the driver's record. When the driver's
record shows a second or subsequent report of an alcohol
concentration of 0.07 or more within two years of a recorded
report, the commissioner may require that the driver have a
chemical use assessment meeting the commissioner's
requirements. The assessment must be at the driver's expense.
In no event shall the commissioner deny the license of a person
who refuses to take the assessment or to undertake treatment, if
treatment is indicated by the assessment, for longer than 90
days. If an assessment is made pursuant to this section, the
commissioner may waive the assessment required by section
169A.70. [169.121, subd. 8]
Sec. 35. [169A.55] [LICENSE REVOCATION TERMINATION;
LICENSE REINSTATEMENT.]
Subdivision 1. [TERMINATION OF REVOCATION PERIOD.] If the
commissioner receives notice of the driver's attendance at a
driver improvement clinic, attendance at counseling sessions, or
participation in treatment for an alcohol problem, the
commissioner may, 30 days prior to the time the revocation
period would otherwise expire, terminate the revocation period.
The commissioner shall not terminate the revocation period under
this subdivision for a driver who has had a license revoked
under section 169A.52 (license revocation for test failure or
refusal); 169A.54 (impaired driving convictions and
adjudications; administrative penalties); or Minnesota Statutes
1998, section 169.121 (driving under the influence of alcohol or
controlled substances); or 169.123 (implied consent) for another
incident during the preceding three-year period. [169.123, subd.
10]
Subd. 2. [REINSTATEMENT OF DRIVING PRIVILEGES;
NOTICE.] Upon expiration of a period of revocation under section
169A.52 (license revocation for test failure or refusal) or
169A.54 (impaired driving convictions and adjudications;
administrative penalties), the commissioner 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 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 169A.60
(administrative impoundment of plates) 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. [169.1261]
Sec. 36. [169A.60] [ADMINISTRATIVE IMPOUNDMENT OF PLATES.]
Subdivision 1. [DEFINITIONS.] (a) As used in this section,
the following terms have the meanings given in this subdivision.
(b) "Motor vehicle" means a self-propelled motor vehicle
other than a motorboat in operation or a recreational vehicle.
(c) "Plate impoundment violation" includes:
(1) a violation of section 169A.20 (driving while impaired)
or 169A.52 (license revocation for test failure or refusal), 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, within ten
years of a qualified prior impaired driving incident;
(2) a license disqualification under section 171.165
(commercial driver's license disqualification) resulting from a
violation of section 169A.52 within ten years of a qualified
prior impaired driving incident;
(3) a violation of section 169A.20 while having an alcohol
concentration of 0.20 or more as measured at the time, or within
two hours of the time, of the offense;
(4) a violation of section 169A.20 while having a child
under the age of 16 in the vehicle if the child is more than 36
months younger than the offender; and
(5) a violation of section 171.24 (driving without valid
license) by a person whose driver's license or driving
privileges have been canceled under section 171.04, subdivision
1, clause (9) (persons not eligible for driver's license,
inimical to public safety).
(d) "Violator" means a person who was driving, operating,
or in physical control of the motor vehicle when the plate
impoundment violation occurred.
Subd. 2. [PLATE IMPOUNDMENT VIOLATION; ISSUANCE OF
IMPOUNDMENT ORDER.] (a) The commissioner shall issue a
registration plate impoundment order when:
(1) a person's driver's license or driving privileges are
revoked for a plate impoundment violation; or
(2) a person is arrested for or charged with a plate
impoundment violation described in subdivision 1, paragraph (c),
clause (5).
(b) The order must require the impoundment of the
registration plates of the motor vehicle involved in the plate
impoundment violation and all motor vehicles owned by,
registered, or leased in the name of the violator, including
motor vehicles registered jointly or leased in the name of the
violator and another. The commissioner shall not issue an
impoundment order for the registration plates of a rental
vehicle, as defined in section 168.041, subdivision 10, or a
vehicle registered in another state.
Subd. 3. [NOTICE OF IMPOUNDMENT.] An impoundment order is
effective when the commissioner or a peace officer acting on
behalf of the commissioner notifies the violator or the
registered owner of the motor vehicle of the intent to impound
and order of impoundment. The notice must advise the violator
of the duties and obligations set forth in subdivision 6
(surrender of plates) and of the right to obtain administrative
and judicial review. The notice to the registered owner who is
not the violator must include the procedure to obtain new
registration plates under subdivision 8. If mailed, the notice
and order of impoundment is deemed received three days after
mailing to the last known address of the violator or the
registered owner.
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 for a
plate impoundment violation shall also serve a notice of intent
to impound and an order of impoundment. On behalf of the
commissioner, a peace officer who is arresting a person for or
charging a person with a plate impoundment violation described
in subdivision 1, paragraph (c), clause (5), shall also serve a
notice of intent to impound and an order of impoundment. If the
vehicle involved in the plate impoundment 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.
Subd. 5. [TEMPORARY PERMIT.] If the motor vehicle is
registered to the violator, the officer shall issue a temporary
vehicle permit that is valid for seven days when the officer
issues the notices under subdivision 4. If the motor vehicle is
registered in the name of another, the officer shall issue a
temporary vehicle permit that is valid for 45 days when the
notices are issued under subdivision 3. The permit must be in a
form determined by the registrar and whenever practicable must
be posted on the left side of the inside rear window of the
vehicle. A permit is valid only for the vehicle for which it is
issued.
Subd. 6. [SURRENDER OF PLATES.] Within seven days after
issuance of the impoundment notice, a person who receives a
notice of impoundment and impoundment order shall surrender all
registration plates subject to the impoundment order that were
not seized by a peace officer under subdivision 4. Registration
plates required to be surrendered under this subdivision must be
surrendered to a Minnesota police department, sheriff, or the
state patrol, along with a copy of the impoundment order. A law
enforcement agency receiving registration plates under this
subdivision shall destroy the plates and notify the commissioner
that they have been destroyed. The notification to the
commissioner shall also include a copy of the impoundment order.
Subd. 7. [VEHICLE NOT OWNED BY VIOLATOR.] A violator may
file a sworn statement with the commissioner within seven days
of the issuance of an impoundment order stating any material
information relating to the impoundment order, including that
the vehicle has been sold or destroyed, and supplying the date,
name, location, and address of the person or entity that
purchased or destroyed the vehicle. The commissioner shall
rescind the impoundment order if the violator shows that the
impoundment order was not properly issued.
Subd. 8. [REISSUANCE OF REGISTRATION PLATES.] (a) The
commissioner shall rescind the impoundment order of a person
subject to an order under this section, other than the violator,
if:
(1) the violator had a valid driver's license on the date
of the plate impoundment violation and the person files with the
commissioner an acceptable sworn statement containing the
following information:
(i) that the person is the registered owner of the vehicle
from which the plates have been impounded under this section;
(ii) that the person is the current owner and possessor of
the vehicle used in the violation;
(iii) the date on which the violator obtained the vehicle
from the registered owner;
(iv) the residence addresses of the registered owner and
the violator on the date the violator obtained the vehicle from
the registered owner;
(v) that the person was not a passenger in the vehicle at
the time of the plate impoundment violation; and
(vi) that the person knows that the violator may not drive,
operate, or be in physical control of a vehicle without a valid
driver's license; or
(2) the violator did not have a valid driver's license on
the date of the plate impoundment violation and the person made
a report to law enforcement before the violation stating that
the vehicle had been taken from the person's possession or was
being used without permission.
(b) A person who has failed to make a report as provided in
paragraph (a), clause (2), may be issued special registration
plates under subdivision 13 for a period of one year from the
effective date of the impoundment order. At the next
registration renewal following this period, the person may apply
for regular registration plates.
(c) If the order is rescinded, the owner shall receive new
registration plates at no cost, if the plates were seized and
destroyed.
Subd. 9. [ADMINISTRATIVE REVIEW.] (a) 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
14.001 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 as a result of
the plate impoundment violation.
(b) Review under this subdivision must take place, if
possible, at the same time as any administrative review of the
person's license revocation under section 169A.53
(administrative and judicial review of license revocation).
Subd. 10. [PETITION FOR JUDICIAL REVIEW.] (a) Within 30
days following receipt of a notice and order of impoundment
under this section, a person may petition the court for review.
The petition must include the petitioner's date of birth,
driver's license number, and date of the plate impoundment
violation. The petition must state with specificity the grounds
upon which the petitioner seeks rescission of the order for
impoundment. The petition may be combined with any petition
filed under section 169A.53 (administrative and judicial review
of license revocation).
(b) Except as otherwise provided in this section, the
judicial review and hearing are governed by section 169A.53 and
must take place at the same time as any judicial review of the
person's license revocation under section 169A.53. The filing
of the petition does not stay the impoundment order. The
reviewing court may order a stay of the balance of the
impoundment period if the hearing has not been conducted within
60 days after filing of the petition upon terms the court deems
proper. The court shall order either that the impoundment be
rescinded or sustained, and forward the order to the
commissioner. The court shall file its order within 14 days
following the hearing.
(c) In addition to the issues described in section 169A.53,
subdivision 3 (judicial review of license revocation), the scope
of a hearing under this subdivision is limited to:
(1) whether the violator owns, is the registered owner of,
possesses, or has access to the vehicle used in the plate
impoundment violation;
(2) whether a member of the violator's household has a
valid driver's license, the violator or registered owner has a
limited license issued under section 171.30, the registered
owner is not the violator, and the registered owner has a valid
or limited driver's license, or a member of the registered
owner's household has a valid driver's license; and
(3) if the impoundment is based on a plate impoundment
violation described in subdivision 1, paragraph (c), clause (3)
or (4), whether the peace officer had probable cause to believe
the violator committed the plate impoundment violation and
whether the evidence demonstrates that the plate impoundment
violation occurred.
(d) In a hearing under this subdivision, the following
records are admissible in evidence:
(1) certified copies of the violator's driving record; and
(2) certified copies of vehicle registration records
bearing the violator's name.
Subd. 11. [RESCISSION OF REVOCATION; DISMISSAL OR
ACQUITTAL; NEW PLATES.] If:
(1) the driver's license revocation that is the basis for
an impoundment order is rescinded;
(2) the charges for the plate impoundment violation have
been dismissed with prejudice; or
(3) the violator has been acquitted of the plate
impoundment 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.
Subd. 12. [CHARGE FOR REINSTATEMENT OF 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 $50 for each vehicle for which the
registration plates are being reinstated.
Subd. 13. [SPECIAL REGISTRATION PLATES.] A violator or
registered owner may apply to the commissioner for new
registration plates, which must bear a special series of numbers
or letters so as to be readily identified by traffic law
enforcement officers. The commissioner may authorize the
issuance of special plates if:
(1) the violator has a qualified licensed driver whom the
violator must identify;
(2) the violator or registered owner has a limited license
issued under section 171.30;
(3) the registered owner is not the violator and the
registered owner has a valid or limited driver's license; or
(4) a member of the registered owner's household has a
valid driver's license.
The commissioner may issue the special plates on payment of a
$50 fee for each vehicle for which special plates are requested.
Subd. 14. [SALE OF VEHICLE SUBJECT TO IMPOUNDMENT
ORDER.] A registered owner may not sell a motor vehicle during
the time its registration plates have been ordered impounded or
during the time its registration plates bear a special series
number, unless:
(1) the sale is for a valid consideration;
(2) the transferee does not reside in the same household as
the registered owner; and
(3) all elements of section 168A.10 (transfer of interest
by owner) are satisfied.
The registrar may then transfer the title to the new owner
upon proper application and issue new registration plates.
Subd. 15. [ACQUIRING ANOTHER VEHICLE.] If the violator
applies to the commissioner for registration plates for any
vehicle during the effective period of the plate impoundment,
the commissioner shall not issue registration plates unless the
violator qualifies for special registration plates under
subdivision 13 and unless the plates issued are special plates
as described in subdivision 13.
Subd. 16. [FEES CREDITED TO HIGHWAY USER FUND.] Fees
collected from the sale or reinstatement of license plates under
this section must be paid into the state treasury and credited
one-half to the highway user tax distribution fund and one-half
to the general fund.
Subd. 17. [PLATE IMPOUNDMENT; PENALTY.] Criminal penalties
for violating this section are governed by section 169A.37.
Subd. 18. [STOP OF VEHICLES BEARING SPECIAL PLATES.] The
authority of a peace officer to stop a vehicle bearing special
plates is governed by section 168.0422. [168.042]
Sec. 37. [169A.63] [VEHICLE FORFEITURE FOR DESIGNATED
OFFENSE OR LICENSE REVOCATION.]
Subdivision 1. [DEFINITIONS.] (a) As used in this section,
the following terms have the meanings given them.
(b) "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 169A.51
(chemical tests for intoxication).
(c) "Designated license revocation" includes a license
revocation under section 169A.52 (license revocation for test
failure or refusal) or a license disqualification under section
171.165 (commercial driver's license disqualification) resulting
from a violation of section 169A.52; within ten years of the
first of two or more qualified prior impaired driving incidents.
(d) "Designated offense" includes:
(1) a violation of section 169A.20 (driving while impaired)
under the circumstances described in section 169A.25
(first-degree driving while impaired); or
(2) a violation of section 169A.20 or an ordinance in
conformity with it:
(i) by a person whose driver's license or driving
privileges have been canceled as inimical to public safety under
section 171.04, subdivision 1, clause (9); or
(ii) by a person who is subject to a restriction on the
person's driver's license under section 171.09 (commissioner's
license restrictions), which provides that the person may not
use or consume any amount of alcohol or a controlled substance.
(e) "Motor vehicle" and "vehicle" do not include a vehicle
which is stolen or taken in violation of the law.
(f) "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.
(g) "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) 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.
(b) 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, 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 seized under this section, 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 must 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 qualified
prior impaired driving incidents 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 VEHICLE 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 VEHICLE.] (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;
(2) the driver fails to appear with respect to the
designated offense charge in violation of section 609.49
(release; failure to appear); 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 169A.53 (administrative and judicial review of
license revocation), or the license revocation is sustained
under section 169A.53.
(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. However, when the proceeds
of the sale of a seized vehicle do not equal or exceed the
outstanding loan balance, the appropriate agency shall remit all
proceeds of the sale to the secured party. If the sale of the
vehicle is conducted in a commercially reasonable manner
consistent with the provisions of section 336.9-504, clause (3),
the agency is not liable to the secured party for any amount
owed on the loan in excess of the sale proceeds if the secured
party received notification of the time and place of the sale at
least three days prior to the sale.
(c) Notwithstanding paragraphs (b) and (d), the secured
party's, lessor's, or owner's interest in a vehicle is not
subject to forfeiture based solely on the secured party's,
lessor's, or owner's knowledge of the act or omission upon which
the forfeiture is based if the secured party, lessor, or owner
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. 8. [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, possessory, or security
interest in the vehicle must be notified of the seizure and the
intent to forfeit the vehicle. If the vehicle is required to be
registered under chapter 168, the notification to a person known
to have a security interest in the vehicle is required only if
the vehicle is registered under chapter 168 and the interest is
listed on the vehicle's title. 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 169A.63, SUBDIVISION 8, 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. IF THE PROPERTY IS WORTH $7,500 OR
LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT
HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS
WORTH LESS THAN $500."
(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 $7,500 or less, the claimant may file an action in
conciliation court for recovery of the seized vehicle. If the
value of the seized property is less than $500, the claimant
does not have to pay 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 169A.53,
subdivisions 2 and 3, and shall take place at the same time as
any judicial review of the person's license revocation under
section 169A.53. The proceedings may be combined with any
hearing on a petition filed under section 169A.53, subdivision
2, 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 9.
(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 sanctions
under section 549.211 (sanctions in civil actions).
Subd. 9. [JUDICIAL FORFEITURE PROCEDURE.] (a) This
subdivision governs judicial determinations of the forfeiture of
a motor vehicle used to commit a designated offense or used in
conduct resulting in a designated license revocation.
(b) A separate complaint must be filed against the vehicle,
describing it, 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 is based on the
commission of a designated offense and the person charged with
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 license revocation is
rescinded under section 169A.53 (administrative and judicial
review of license revocation), 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 must be returned immediately.
Subd. 10. [DISPOSITION OF FORFEITED VEHICLE.] (a) If the
vehicle is administratively forfeited under subdivision 8, or if
the court finds under subdivision 9 that the vehicle is subject
to forfeiture under subdivisions 6 and 7, the appropriate agency
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 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. [169.1217]
MISCELLANEOUS PROVISIONS
Sec. 38. [169A.70] [ALCOHOL SAFETY PROGRAMS; CHEMICAL USE
ASSESSMENTS.]
Subdivision 1. [ALCOHOL SAFETY PROGRAMS;
ESTABLISHMENT.] (a) The county board of every county shall
establish an alcohol safety program designed to provide chemical
use assessments of persons convicted of an offense enumerated in
subdivision 2. [169.124]
(b) County boards may enter into an agreement to establish
a regional alcohol safety program. County boards may contract
with other counties and agencies for alcohol problem screening
and chemical use assessment services. [169.125]
Subd. 2. [CHEMICAL USE ASSESSMENT; REQUIREMENT; FORM.] A
chemical use assessment must 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:
(1) the defendant is convicted of an offense described in
section 169A.20 (driving while impaired), 169A.31
(alcohol-related school bus and Head Start bus driving), or
360.0752 (impaired aircraft operation); or
(2) the defendant is arrested for committing an offense
described in clause (1) but is convicted of another offense
arising out of the circumstances surrounding the arrest.
Subd. 3. [ASSESSMENT REPORT.] (a) The assessment report
must be on a form prescribed by the commissioner and shall
contain an evaluation of the convicted defendant concerning the
defendant's prior traffic record, characteristics and history of
alcohol and chemical use problems, and amenability to
rehabilitation through the alcohol safety program. The report
is classified as private data on individuals as defined in
section 13.02, subdivision 12.
(b) The assessment report must include:
(1) a recommended level of care for the offender in
accordance with the criteria contained in rules adopted by the
commissioner of human services under section 254A.03,
subdivision 3 (chemical dependency treatment rules);
(2) recommendations for other appropriate remedial action
or care that may consist of educational programs, one-on-one
counseling, a program or type of treatment that addresses mental
health concerns, or a combination of them; or
(3) a specific explanation why no level of care or action
was recommended.
Subd. 4. [ASSESSOR STANDARDS; RULES; ASSESSMENT TIME
LIMITS.] A chemical use assessment required by this section must
be conducted by an assessor appointed by the court. The
assessor must meet the training and qualification requirements
of rules adopted by the commissioner of human services under
section 254A.03, subdivision 3 (chemical dependency treatment
rules). Notwithstanding section 13.82 (law enforcement data),
the assessor shall have access to any police reports, laboratory
test results, and other law enforcement data relating to the
current offense or previous offenses that are necessary to
complete the evaluation. An assessor providing an assessment
under this section may not have any direct or shared financial
interest or referral relationship resulting in shared financial
gain with a treatment provider. If an independent assessor is
not available, the court may use the services of an assessor
authorized to perform assessments for the county social services
agency under a variance granted under rules adopted by the
commissioner of human services under section 254A.03,
subdivision 3. An appointment for the defendant to undergo the
assessment must be made by the court, a court services probation
officer, or the court administrator as soon as possible but in
no case more than one week after the defendant's court
appearance. The assessment must be completed no later than
three weeks after the defendant's court appearance. If the
assessment is not performed within this time limit, the county
where the defendant is to be sentenced shall perform the
assessment. The county of financial responsibility must be
determined under chapter 256G.
Subd. 5. [APPLICABILITY TO NONRESIDENT.] This section does
not apply to a person who is not a resident of the state of
Minnesota at the time of the offense and at the time of the
assessment. [169.126]
Sec. 39. [169A.71] [RESEARCH PROGRAMS.]
No person is guilty of a violation of section 169A.20
(driving while impaired) committed while participating in a
research or demonstration project conducted by the Minnesota
highway safety center. This section applies only to conduct
occurring while operating a state-owned vehicle under the
supervision of personnel of the center on the grounds of the
center. [169.121, subd. 10]
Sec. 40. [169A.72] [DRIVER EDUCATION PROGRAMS.]
Driver training courses offered through the public schools
and driver training courses offered by private or commercial
schools or institutes shall include instruction which must
encompass at least:
(1) information on the effects of consumption of beverage
alcohol products and the use of illegal drugs, prescription
drugs, and nonprescription drugs on the ability of a person to
operate a motor vehicle;
(2) the hazards of driving while under the influence of
alcohol or drugs; and
(3) the legal penalties and financial consequences
resulting from violations of laws prohibiting the operation of a
motor vehicle while under the influence of alcohol or drugs.
[169.121, subd. 12]
Sec. 41. [169A.73] [REMOTE ELECTRONIC ALCOHOL MONITORING
PROGRAM.]
Subdivision 1. [DEFINITIONS.] As used in this section:
(1) "breath analyzer unit" means a device that performs
breath alcohol testing and is connected to a remote electronic
alcohol monitoring system; and
(2) "remote electronic alcohol monitoring system" means a
system that electronically monitors the alcohol concentration of
individuals in their homes or other locations to ensure
compliance with conditions of pretrial release, supervised
release, or probation.
Subd. 2. [PROGRAM ESTABLISHED.] In cooperation with the
conference of chief judges, the state court administrator, and
the commissioner of public safety, the commissioner of
corrections shall establish a program to use breath analyzer
units to monitor impaired driving offenders who are ordered to
abstain from alcohol use as a condition of pretrial release,
supervised release, or probation. The program must include
procedures to ensure that violators of this condition of release
receive swift consequences for the violation.
Subd. 3. [COST OF PROGRAM.] Offenders who are ordered to
participate in the program shall also be ordered to pay the per
diem cost of the monitoring unless the offender is indigent.
The commissioner of corrections shall reimburse the judicial
districts in a manner proportional to their use of remote
electronic alcohol monitoring for any costs the districts incur
in participating in the program.
Subd. 4. [REPORT REQUIRED.] By January 1, 2004, the
commissioner of corrections shall evaluate the effectiveness of
the program and report the results of this evaluation to the
conference of chief judges, the state court administrator, the
commissioner of public safety, and the chairs and ranking
minority members of the house and senate committees and
divisions having jurisdiction over criminal justice policy and
funding. [169.1219]
Sec. 42. [169A.74] [PILOT PROGRAMS OF INTENSIVE PROBATION
FOR REPEAT IMPAIRED DRIVING OFFENDERS.]
Subdivision 1. [GRANT APPLICATION.] The commissioners of
corrections and public safety, in cooperation with the
commissioner of human services, shall jointly administer a
program to provide grants to counties to establish and operate
programs of intensive probation for repeat violators of the
driving while impaired laws. The commissioners shall adopt an
application form on which a county or a group of counties may
apply for a grant to establish and operate an impaired driving
repeat offender program.
Subd. 2. [GOALS.] The goals of the impaired driving repeat
offender program are to protect public safety and provide an
appropriate sentencing alternative for persons convicted of
repeat violations of section 169A.20 (driving while impaired),
who are considered to be of high risk to the community.
Subd. 3. [PROGRAM ELEMENTS.] To be considered for a grant
under this section, a county program must contain the following
elements:
(1) an initial assessment of the offender's chemical
dependency, based on the results of a chemical use assessment
conducted under section 169A.70, with recommended treatment and
aftercare, and a requirement that the offender follow the
recommended treatment and aftercare;
(2) several stages of probation supervision, including:
(i) a period of incarceration in a local or regional
detention facility;
(ii) a period during which an offender is, at all times,
either working, on home detention, being supervised at a program
facility, or traveling between two of these locations;
(iii) a period of home detention; and
(iv) a period of gradually decreasing involvement with the
program;
(3) decreasing levels of intensity and contact with
probation officials based on the offender's successful
participation in the program and compliance with its rules;
(4) a provision for increasing the severity of the
program's requirements when an offender offends again or
violates the program's rules;
(5) a provision for offenders to continue or seek
employment during their period of intensive probation;
(6) a requirement that offenders abstain from alcohol and
controlled substances during the probation period and be tested
for such use on a routine basis; and
(7) a requirement that all or a substantial part of the
costs of the program be paid by the offenders.
Subd. 4. [TRAINING.] Counties participating in the program
shall provide relevant training in intensive probation programs
to affected officials. [169.1265]
Sec. 43. [169A.75] [IMPAIRED DRIVING-RELATED RULES.]
The commissioner may promulgate rules to carry out the
provisions of this chapter. The rules may include forms for
notice of intention to revoke that describe clearly the right to
a hearing, the procedure for requesting a hearing, and the
consequences of failure to request a hearing; forms for
revocation and notice of reinstatement of driving privileges as
provided in section 169A.55; and forms for temporary licenses.
Rules promulgated pursuant to this section are subject to
sections 14.01 to 14.20 and 14.365 to 14.69 (Administrative
Procedure Act). [169.128]
Sec. 44. [169A.76] [CIVIL ACTION; PUNITIVE DAMAGES.]
In a civil action involving a motor vehicle accident, it is
sufficient for the trier of fact to consider an award of
punitive damages if there is evidence that the accident was
caused by a driver:
(1) with an alcohol concentration of 0.10 or more;
(2) who was under the influence of a controlled substance;
(3) who was under the influence of alcohol and refused to
take a test required under section 169A.51 (chemical tests for
intoxication); or
(4) who was knowingly under the influence of a hazardous
substance that substantially affects the person's nervous
system, brain, or muscles so as to impair the person's ability
to drive or operate a motor vehicle.
A criminal charge or conviction is not a prerequisite to
consideration of punitive damages under this section. At the
trial in an action where the trier of fact will consider an
award of punitive damages, evidence that the driver has been
convicted of violating section 169A.20 (driving while impaired)
or 609.21 (criminal vehicular homicide and injury) is admissible
into evidence. [169.121, subd. 10a]
ARTICLE 2
CONFORMING AMENDMENTS;
IMPLEMENTATION OF ACT
Section 1. Minnesota Statutes 1998, section 171.305, as
amended by Laws 1999, chapter 238, article 2, section 91, is
amended to read:
171.305 [IGNITION INTERLOCK DEVICE; PILOT PROGRAM; LICENSE
CONDITION.]
Subdivision 1. [DEFINITION.] "Ignition interlock device"
or "device" means breath alcohol ignition equipment designed to
prevent a motor vehicle's ignition from being started by a
person whose alcohol concentration exceeds the calibrated
setting on the device.
Subd. 2. [PILOT PROGRAM.] The commissioner of public
safety shall establish a statewide pilot program for the use of
an ignition interlock device by a person whose driver's license
or driving privilege has been canceled and denied by the
commissioner for an alcohol or controlled substance-related
incident. The commissioner shall conduct the program from
October 1, 2000, until December 31, 1995 December 31, 2001. The
commissioner shall evaluate the program and shall report to the
legislature by February 1, 1995 2002, on whether changes in the
program are necessary and whether the program should be
permanent. No limited license shall be issued under this
program after August 1, 1995 October 1, 2001. For purposes of a
pilot program established by this subdivision, the department is
exempt from rulemaking requirements found in Minnesota Statutes,
chapter 14.
Subd. 3. [PERFORMANCE STANDARDS.] The commissioner shall
specify performance standards for ignition interlock devices,
including standards relating to accuracy, safe operation of the
vehicle, and degree of difficulty rendering the device
inoperative. The interlock ignition device must be designed to
operate from a 12-volt DC vehicle battery and be capable of
locking a motor vehicle's ignition when a minimum alcohol
concentration of 0.020 grams of ethyl alcohol per 210 liters of
breath is introduced into the device. The device must also
require a breath sample to determine alcohol concentration at
variable time intervals ranging from five to 30 minutes while
the engine is running. The device must also be capable of
recording information for later review that includes the date
and time of any use of the vehicle or any attempt to use the
vehicle, including all times that the vehicle engine was started
or stopped and the alcohol concentration of each breath sample
provided.
Subd. 4. [CERTIFICATION.] The commissioner shall certify
ignition interlock devices that meet the performance standards
and may charge the manufacturer of the ignition interlock device
a certification fee. A manufacturer who submits a device for
certification must provide an application for certification on a
form prescribed by the department.
Subd. 5. [ISSUANCE OF LIMITED LICENSE.] The commissioner
may issue a limited license to a person whose driver's license
has been canceled and denied due to an alcohol or controlled
substance-related incident under section 171.04, subdivision 1,
clause (10), under the following conditions:
(1) at least one-half of the person's required abstinence
period has expired;
(2) the person has successfully completed all
rehabilitation requirements chemical dependency treatment and is
currently participating in a generally recognized support group
based on ongoing abstinence; and
(3) the person agrees to drive only a motor vehicle
equipped with a functioning and certified ignition interlock
device.
Subd. 6. [MONITORING.] The ignition interlock device must
be monitored for proper use and accuracy by an entity approved
by the commissioner.
Subd. 7. [PAYMENT.] The commissioner shall require that
the person issued a limited license under subdivision 5 pay all
costs associated with use of the device.
Subd. 8. [PROOF OF INSTALLATION.] A person approved for a
limited license must provide proof of installation prior to
issuance of the limited license.
Subd. 9. [MISDEMEANOR.] (a) A person who knowingly lends,
rents, or leases a motor vehicle that is not equipped with a
functioning ignition interlock device to a person with a limited
license issued under subdivision 5 is guilty of a misdemeanor.
(b) A person who tampers with, circumvents, or bypasses the
ignition interlock device, or assists another to tamper with,
circumvent, or bypass the device, is guilty of a misdemeanor.
(c) The penalties of this subdivision do not apply if the
action was taken for emergency purposes or for mechanical
repair, and the person limited to the use of an ignition
interlock device does not operate the motor vehicle while the
device is disengaged.
Subd. 10. [CANCELLATION OF LIMITED LICENSE.] The
commissioner shall cancel a limited license issued under this
section if the device registers a positive reading for use of
alcohol or the person violates any conditions of the limited
license.
Sec. 2. Minnesota Statutes 1999 Supplement, section
260B.171, subdivision 7, is amended to read:
Subd. 7. [COURT RECORD RELEASED TO PROSECUTOR.] If a
prosecutor has probable cause to believe that a person has
committed a gross misdemeanor violation of section 169.121 or
has violated section 169.129 169A.20, and that a prior juvenile
court adjudication forms, in part, the basis for the current
violation, the prosecutor may file an application with the court
having jurisdiction over the criminal matter attesting to this
probable cause determination and seeking the relevant juvenile
court records. The court shall transfer the application to the
juvenile court where the requested records are maintained, and
the juvenile court shall release to the prosecutor any records
relating to the person's prior juvenile traffic adjudication,
including a transcript, if any, of the court's advisory of the
right to counsel and the person's exercise or waiver of that
right.
Sec. 3. Minnesota Statutes 1999 Supplement, section
260B.225, subdivision 4, is amended to read:
Subd. 4. [ORIGINAL JURISDICTION; JUVENILE COURT.] The
juvenile court shall have has original jurisdiction over:
(1) all juveniles age 15 and under alleged to have
committed any traffic offense; and
(2) 16- and 17-year-olds alleged to have committed any
major traffic offense, except that the adult court has original
jurisdiction over:
(i) petty traffic misdemeanors not a part of the same
behavioral incident of a misdemeanor being handled in juvenile
court; and
(ii) violations of sections 169.121 (drivers under the
influence of alcohol or controlled substance) and 169.129
(aggravated driving while intoxicated) section 169A.20 (driving
while impaired), and any other misdemeanor or gross misdemeanor
level traffic violations committed as part of the same
behavioral incident as a violation of section 169.121 or 169.129
169A.20.
Sec. 4. Minnesota Statutes 1999 Supplement, section
609.035, subdivision 2, is amended to read:
Subd. 2. (a) When a person is being sentenced for a
violation of a provision listed in paragraph (f) (e), the court
may sentence the person to a consecutive term of imprisonment
for a violation of any other provision listed in
paragraph (f) (e), notwithstanding the fact that the offenses
arose out of the same course of conduct, subject to the
limitation on consecutive sentences contained in section 609.15,
subdivision 2, and except as provided in paragraphs (b),
(c), (d), and (g) (f) of this subdivision.
(b) When a person is being sentenced for a violation of
section 169.129 the court may not impose a consecutive sentence
for a violation of a provision of section 169.121, subdivision
1, or for a violation of a provision of section 171.20, 171.24,
or 171.30.
(c) When a person is being sentenced for a violation of
section 171.20, 171.24, or 171.30, the court may not impose a
consecutive sentence for another violation of a provision in
chapter 171.
(d) (c) When a person is being sentenced for a violation of
section 169.791 or 169.797, the court may not impose a
consecutive sentence for another violation of a provision of
sections 169.79 to 169.7995.
(e) (d) This subdivision does not limit the authority of
the court to impose consecutive sentences for crimes arising on
different dates or to impose a consecutive sentence when a
person is being sentenced for a crime and is also in violation
of the conditions of a stayed or otherwise deferred sentence
under section 609.135.
(f) (e) This subdivision applies to misdemeanor and gross
misdemeanor violations of the following if the offender has two
or more prior impaired driving convictions as defined in section
169.121, subdivision 3 169A.03 within the past ten years:
(1) section 169.121, subdivision 1, driving while
intoxicated 169A.20, driving while impaired;
(2) section 169.121, subdivision 1a, testing refusal;
(3) section 169.129, aggravated driving while intoxicated;
(4) section 169.791, failure to provide proof of insurance;
(5) (3) section 169.797, failure to provide vehicle
insurance;
(6) (4) section 171.20, subdivision 2, operation after
revocation, suspension, cancellation, or disqualification;
(7) (5) section 171.24, driving without valid license; and
(8) (6) section 171.30, violation of condition of limited
license.
(g) (f) When a court is sentencing an offender for a
violation of section 169.121 or 169.129 169A.20 and a violation
of an offense listed in paragraph (f) (e), and the offender has
five or more qualified prior impaired driving convictions, five
or more prior license revocations, or a combination of the two
based on separate instances, incidents, as defined in section
169A.03, within the person's lifetime past ten years, the court
shall sentence the offender to serve consecutive sentences for
the offenses, notwithstanding the fact that the offenses arose
out of the same course of conduct.
Sec. 5. Minnesota Statutes 1998, section 629.471, is
amended to read:
629.471 [MAXIMUM BAIL ON MISDEMEANORS; GROSS MISDEMEANORS.]
Subdivision 1. [DOUBLE THE FINE.] Except as provided in
subdivision 2 or 3, the maximum cash bail that may be required
for a person charged with a misdemeanor or gross misdemeanor
offense is double the highest cash fine that may be imposed for
that offense.
Subd. 2. [QUADRUPLE THE FINE.] (a) For offenses under
sections 169.09, 169.121, 169.129, 169A.20, 171.24, paragraph
(c), 609.2231, subdivision 2, 609.487, and 609.525, the maximum
cash bail that may be required for a person charged with a
misdemeanor or gross misdemeanor violation is quadruple the
highest cash fine that may be imposed for the offense.
(b) Unless the court imposes the conditions of release
specified in section 169.121, subdivision 1c, 169A.44, the court
must impose maximum bail when releasing a person from detention
who has been charged with violating section 169.121, subdivision
1, 169A.20 if the person has three or more prior impaired
driving convictions within the previous ten years or four or
more prior impaired driving convictions in the person's
lifetime. As used in this subdivision, "prior impaired driving
conviction" has the meaning given in section 169.121,
subdivision 3 169A.03.
Subd. 3. [SIX TIMES THE FINE.] For offenses under sections
518B.01, 609.224, and 609.2242, the maximum cash bail that may
be required for a person charged with a misdemeanor or gross
misdemeanor violation is six times the highest cash fine that
may be imposed for the offense.
Sec. 6. [WORKING GROUP ON DWI FELONY.]
Subdivision 1. [MEMBERSHIP.] (a) A driving while impaired
working group is created consisting of the following individuals
or their designees:
(1) two members of the senate, one from the majority caucus
and one from the minority caucus, chosen by the subcommittee on
committees of the senate committee on rules and administration;
(2) two members of the house of representatives, one from
the majority caucus and one from the minority caucus, chosen by
the speaker of the house;
(3) the commissioner of corrections;
(4) the commissioner of public safety;
(5) the commissioner of finance;
(6) the attorney general;
(7) the chief justice of the Minnesota supreme court;
(8) the executive director of the sentencing guidelines
commission;
(9) two county attorneys, one from a metropolitan county
and one from a nonmetropolitan county, chosen by the Minnesota
county attorney's association;
(10) one city attorney, chosen by the league of Minnesota
cities;
(11) two public defenders, one from a metropolitan county
and one from a nonmetropolitan county, chosen by the state
public defender;
(12) one sheriff, chosen by the Minnesota sheriff's
association;
(13) two county commissioners, one from a metropolitan
county and one from a nonmetropolitan county, chosen by the
association of Minnesota counties;
(14) one head of a community corrections agency, chosen by
the chairs of the senate crime prevention and judiciary budget
division and the house judiciary finance committee;
(15) one probation officer, chosen by the Minnesota
association of community corrections act counties; and
(16) one representative of a chemical dependency treatment
program, chosen by the commissioner of human services.
(b) The working group may choose a chair from among its
members.
Subd. 2. [STUDY AND RECOMMENDATIONS REQUIRED.] (a) The
working group shall study and make recommendations on the
implementation of a felony-level impaired driving penalty,
including but not limited to:
(1) the number of prior offenses within a ten-year time
period that should occur before a felony-level impaired driving
penalty is appropriate;
(2) the most cost-effective manner for dealing with
treatment, probation, and incarceration issues;
(3) the circumstances under which stayed sentences for
felony-level impaired driving offenses are appropriate;
(4) the degree to which, if at all, felony-level impaired
driving offenses should be part of the sentencing guidelines
grid;
(5) the circumstances under which, if at all, mandatory
prison sentences for felony-level impaired driving offenses are
appropriate and, if so, recommended sentence lengths;
(6) appropriate incarceration, treatment, and supervision
options for felony-level impaired driving offenders;
(7) the statutory maximum sentence appropriate for
felony-level impaired driving offenses; and
(8) the impact on prisons, jails, and community corrections
agencies of the recommended alternatives.
(b) The working group shall study how other states address
repeat impaired driving offenders, including how the crimes and
penalties are statutorily defined, how these offenders are
incarcerated and supervised, how their chemical dependency
treatment needs are addressed, and any research on the
effectiveness of these measures.
Subd. 3. [REPORT.] By September 1, 2000, the working group
shall forward its final report to the chairs and ranking
minority members of the senate and house of representatives
committees and divisions having jurisdiction over criminal
justice policy and funding.
Subd. 4. [PLAN FOR PLACEMENT AND SUPERVISION OF FELONY DWI
OFFENDERS.] (a) The commissioner of corrections, in consultation
with the commissioner of human services, shall develop a
correctional plan to respond to the recommendations submitted by
the working group under subdivision 3. The plan shall address
the following matters and shall outline the fiscal implications
of each:
(1) the placement and management of felony-level impaired
driving offenders who would be committed to the commissioner's
custody, including an identification of the facilities in which
these offenders would be confined, such as state prisons, other
state-owned or state-operated residential facilities, and
private facilities that currently are not part of the state
correctional system;
(2) the specific measures the commissioner would undertake
to respond to the chemical dependency treatment needs of
offenders committed to the commissioner's custody, including how
these measures would comply with the treatment standards used in
other public or private treatment programs;
(3) the placement and management in local correctional
facilities of felony-level impaired driving offenders whose
sentences would be stayed, including an analysis of current jail
resources, the need for expanded capacity, and the availability
of private facilities; and
(4) the supervision of felony-level impaired driving
offenders in the community, including the provision of private
treatment and other services.
(b) By December 1, 2000, the commissioner shall forward the
plan to the chairs and ranking minority members of the senate
and house of representatives committees and divisions having
jurisdiction over criminal justice policy and funding.
Sec. 7. [INSTRUCTION TO REVISOR.]
(a) 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
3.736, subd. 3 169.121, subd. 9 169A.48
13.99, subd. 54a 169.126, subd. 2 169A.70
65B.133, subd. 5 169.123 169A.52
65B.15, subd. 1 169.121, subd. 1, 169A.20
para. (a)
84.795, subd. 2 chapter 169 chapters 169 and
169A
84.795, subd. 5 169.121 169A.20
84.795, subd. 5 169.123 169A.50 to 169A.53
84.804, subd. 2 169.121 to 169.129 chapter 169A
84.83, subd. 2 169.1217 169A.63
84.83, subd. 5 169.121 169A.20
84.83, subd. 5 169.01, subd. 86 169A.03, subd. 16
84.87, subd. 1 chapter 169 chapters 169 and
169A
84.91, subd. 1 169.121 to 169.1218 chapter 169A
and 169.123 to
169.129
84.91, subd. 1 169.123 169A.50 to 169A.53
84.91, subd. 1 169.121, subd. 3 169A.03
84.91, subd. 1 169.123 169A.53
84.911, subd. 7 169.01, subd. 86 169A.03, subd. 16
84.927, subd. 1 169.1217 169A.63
84.928, subd. 1a chapter 169 chapters 169 and
169A
86B.305, subd. 1 169.121 169A.20
86B.305, subd. 2 169.121 169A.20
86B.331, subd. 1 169.121 to 169.1218 chapter 169A
and 169.123 to
169.129
86B.331, subd. 1 chapter 169 chapter 169A
86B.331, subd. 1 169.121 169A.20
86B.331, subd. 1 169.123 169A.50 to 169A.53
86B.331, subd. 1 169.121, subd. 3 169A.03
86B.331, subd. 1 169.123 169A.53
86B.705, subd. 2 169.121 169A.20
86B.811, subd. 2 169.121 169A.20
89.71, subd. 4 chapter 169 chapters 169 and
169A
97A.065, subd. 2 169.121 169A.20
97A.065, subd. 2 169.01, subd. 86 169A.03, subd. 16
97B.065, subd. 4 169.121, subd. 2 169A.45
97B.066, subd. 5 169.123, subds. 2b, 169A.51
2c, and 3
168.041, subd. 3 168.042 169A.60
168.041, subd. 8 168.042 169A.60
168.0422 168.042 169A.60
169.01, subd. 75 169.1211, 169.1215, chapter 169A
and 169.123, subds. 2
and 4
169.03, subd. 6 169.121 to 169.129 chapter 169A
169.965, subd. 5 chapter 169 chapters 169 and
169A
171.04, subd. 1 169.121, 169.1218, 169A.20, 169A.33,
169.122, or 169.123 169A.35, or
169A.50 to
169A.53
171.05, subd. 2b 169.121, 169.1218, 169A.20, 169A.33,
169.122, or 169.123 169A.35, or
169A.50
to 169A.53
171.055, subd. 1 169.121, 169.1218, 169A.20, 169A.33,
169.122, or 169.123 169A.35, or
169A.50 to
169A.53
171.055, subd. 2 169.121, 169.1218, 169A.20, 169A.33,
169.122, or 169.123 169A.35, or
169A.50 to
169A.53
171.06, subd. 2 169.121, 169.1218, 169A.20, 169A.33,
169.122, or 169.123 169A.35, or
169A.50 to
169A.53
171.12, subd. 2a 169.121, 169.1218 169A.20, 169A.33,
169.122, or 169.123 169A.35, or
169A.50
to 169A.53
171.12, subd. 3 169.121, subd. 3 169A.03, subds. 20
and 21
171.12, subd. 3 169.1211 169A.31
171.16, subd. 5 169.121 169A.20
171.165, subd. 1 169.121 169A.20
171.165, subd. 1 169.1211 169A.31
171.165, subd. 2 169.123 169A.52
171.166, subd. 1 169.121, 169.1211, or 169A.20, 169A.31,
169.123 160A.50 to
169A.53
171.17, subd. 1 169.121 169A.20
171.18, subd. 1 169.1218, para. (a) 169A.33
171.19 169.123 169A.52
171.29, subd. 1 169.123 169A.52
171.29, subd. 2 169.121 or 169.123 169A.52 or
169A.54
171.29, subd. 3 169.121 or 169.123 169A.52 or
160A.54
171.29, subd. 3 168.042 169A.60
171.30, subd. 1 169.121 169A.52
171.30, subd. 1 169.123 169A.54
171.30, subd. 2a 169.121 169A.20
171.30, subd. 2a 169.123 169A.50 to
169A.53
171.30, subd. 2c 169.121 or 169.123 169A.20 or
169A.50
to 169A.53
171.30, subd. 3 169.121 or 169.123 169A.20 or
169A.50 to
169A.53
171.3215, subd. 1 169.121, 169.129 169A.20
171.3215, subd. 2 169.121 169A.20
171.3215, subd. 2 169.123 169A.52
171.3215, subd. 2 169.121, 169.123, 169A.20 or
169.129 169A.50 to
169A.53
171.3215, subd. 3 169.121, 169.129 169A.20
171.3215, subd. 3 169.123 169A.52
260B.171, subd. 5 169.121 or 169.129 169A.20
260B.225, subd. 1 169.121, 169.129 169A.20
260B.225, subd. 9 169.121 169A.20
260B.225, subd. 9 169.126 169A.70
260B.225, subd. 9 169.126, subd. 4c 169A.284
268.095, subd. 4 169.121, 169.1211, 169A.20, 169A.31,
or 169.123 or 169.50A to
169A.53
299C.10, subd. 1 169.121 (driving while 169A.20 (driving
intoxicated) while impaired)
299F.831, subd. 1 169.121, subd. 1 169A.20
357.021, subd. 1a 169.1217 169A.63
364.09 chapter 169 chapter 169
or 169A
387.213 chapter 169 chapter 169A
466.03, subd. 6a 169.121, subd. 9 169A.48
466.03, subd. 14 169.121, subd. 9 169A.48
604A.30, subd. 3 169.121 to 169.123, chapter 169A
169.129
609.131, subd. 2 169.121 169A.20
609.135, subd. 1 169.121 169A.20
609.135, subd. 2 169.121 or 169.129 169A.20
609.135, subd. 2 169.121 169A.20
609.487, subd. 2a 169.01, subd. 86 169A.03, subd. 16
609.487, subd. 2a 169.01, subd. 87 169A.03, subd. 13
611A.52, subd. 6 169.121 169A.20
631.40, subd. 1a 169.121 or 169.129 169A.20
634.15, subd. 1 169.123 169A.53
634.15, subd. 1 169.123, subd. 3 169A.51, subd. 7
634.15, subd. 2 169.123 169A.53
634.16 169.01, subd. 68 169A.03, subd. 11
634.30 169.123 169A.53
(b) The revisor shall publish the statutory derivations of
the laws that are repealed and recodified in this act in Laws of
Minnesota.
(c) The revisor shall correct cross-references in Minnesota
Statutes and Minnesota Rules to sections that are repealed and
recodified by this act, as necessary, and if Minnesota Statutes,
chapter 169, is further amended in the 2000 legislative session,
shall codify the amendments in a manner consistent with this act.
Sec. 8. [REPEALER.]
(a) Minnesota Statutes 1998, sections 168.042; 169.01,
subdivisions 61, 68, 82, 83, 86, 87, 88, and 89; 169.121,
subdivisions 1, 1a, 1b, 1d, 2, 3b, 3c, 5, 5a, 5b, 6, 7, 8, 9,
10, 10a, 11, and 12; 169.1211; 169.1215; 169.1216; 169.1217,
subdivisions 2, 3, 4, 5, 6, and 8; 169.1218; 169.1219; 169.122,
subdivisions 1, 2, 3, and 4; 169.123, subdivisions 2, 2a, 2b,
2c, 3, 4, 5, 5a, 5b, 6, 7, 8, and 10; 169.124; 169.125; 169.126;
169.1261; 169.1265; 169.128; and 169.129, subdivision 3; and
Minnesota Statutes 1999 Supplement, sections 169.121,
subdivisions 1c, 3, 3f, 3d, and 4; 169.1217, subdivisions 1, 7,
7a, and 9; 169.122, subdivision 5; 169.123, subdivisions 1 and
5c; and 169.129, subdivision 1, are repealed.
(b) Minnesota Rules, parts 7409.3700; 7409.3710; 7409.3720;
7409.3730; 7409.3740; 7409.3750; 7409.3760; and 7409.3770, are
repealed.
Sec. 9. [EFFECTIVE DATE.]
(a) Sections 1 and 8, paragraph (b), are effective July 1,
2000. Section 6 is effective the day following final enactment.
(b) The remaining provisions of this act are effective
January 1, 2001, for crimes committed and conduct occurring on
or after that date. However, violations occurring before
January 1, 2001, which are listed in Minnesota Statutes, section
169A.03, subdivisions 20 and 21, are considered qualified prior
impaired driving incidents for all purposes under this act.
Presented to the governor May 11, 2000
Signed by the governor May 15, 2000, 10:41 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes