Minnesota Session Laws - 2010, Regular Session

CHAPTER 366--H.F.No. 3106

An act

relating to public safety; modifying implied consent, driving while impaired, and ignition interlock provisions;

amending Minnesota Statutes 2008, sections 169A.03, by adding a subdivision; 169A.52, subdivisions 3, 4; 169A.54, subdivisions 2, 5; 169A.55, by adding a subdivision; 169A.60, subdivision 1; 171.09; 171.30, subdivisions 1, 2a, 4; 171.306, as amended; 609.131, subdivision 2; Minnesota Statutes 2009 Supplement, sections 169A.275, subdivision 7; 169A.54, subdivision 1; repealing Minnesota Statutes 2008, sections 169A.54, subdivision 11; 169A.55, subdivision 1; 171.30, subdivision 2c; 171.305, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10, 11.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 169A.03, is amended by adding a subdivision to read:

new text begin Subd. 24a. new text end

new text begin Twice the legal limit. new text end

new text begin "Twice the legal limit" means an alcohol concentration of two times the limit specified in section 169A.20, subdivision 1, clause (5). new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011. new text end

Sec. 2.

Minnesota Statutes 2009 Supplement, section 169A.275, subdivision 7, is amended to read:

Subd. 7.

Exception.

deleted text begin (a) deleted text end A judge is not required to sentence a person as provided in deleted text begin this section deleted text end new text begin subdivisions 1 to 4 new text end if the judge requires the person as a condition of probation to drive only motor vehicles equipped with an ignition interlock device meeting the standards described in section 171.306.

deleted text begin (b) This subdivision expires July 1, 2011. deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011. new text end

Sec. 3.

Minnesota Statutes 2008, section 169A.52, subdivision 3, is amended to read:

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, deleted text begin for a period of one year deleted text end even if a test was obtained pursuant to this section after the person refused to submit to testing. new text begin The commissioner shall revoke the license, permit, or nonresident operating privilege: new text end

new text begin (1) for a person with no qualified prior impaired driving incidents within the past ten years, for a period of not less than one year; new text end

new text begin (2) for a person under the age of 21 years and with no qualified prior impaired driving incidents within the past ten years, for a period of not less than one year; new text end

new text begin (3) for a person with one qualified prior impaired driving incident within the past ten years, or two qualified prior impaired driving incidents, for a period of not less than two years; new text end

new text begin (4) for a person with two qualified prior impaired driving incidents within the past ten years, or three qualified prior impaired driving incidents, for a period of not less than three years; new text end

new text begin (5) for a person with three qualified prior impaired driving incidents within the past ten years, for a period of not less than four years; or new text end

new text begin (6) for a person with four or more qualified prior impaired driving incidents, for a period of not less than six years. new text end

(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 and shall revoke the person's license or permit to drive or nonresident operating privilege according to the federal regulations adopted by reference in section 171.165, subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011. new text end

Sec. 4.

Minnesota Statutes 2008, section 169A.52, subdivision 4, is amended to read:

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 0.08 or more or the presence of a controlled substance listed in schedule I or II or its metabolite, 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 new text begin , or, if the test results indicate an alcohol concentration of twice the legal limit or more, not less than one year new text end ;

(2) if the person is under the age of 21 years, for a period of deleted text begin six months deleted text end new text begin not less than 180 days or, if the test results indicate an alcohol concentration of twice the legal limit or more, not less than one year new text end ;

(3) for a person with deleted text begin a deleted text end new text begin one new text end qualified prior impaired driving incident within the past ten years, new text begin or two qualified prior impaired driving incidents, new text end for a period of deleted text begin 180 days deleted text end new text begin not less than one year, or if the test results indicate an alcohol concentration of twice the legal limit or more, not less than two years new text end ; deleted text begin or deleted text end

(4) deleted text begin if the test results indicate an alcohol concentration of 0.20 or more, for twice the applicable period in clauses (1) to (3). deleted text end new text begin for a person with two qualified prior impaired driving incidents within the past ten years, or three qualified prior impaired driving incidents, for a period of not less than three years; new text end

new text begin (5) for a person with three qualified prior impaired driving incidents within the past ten years, for a period of not less than four years; or new text end

new text begin (6) for a person with four or more qualified prior impaired driving incidents, for a period of not less than six years. new text end

(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).

(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau of Criminal Apprehension, or authorized by the bureau to conduct the analysis of a blood or urine sample, the laboratory may directly certify to the commissioner the test results, and the peace officer shall certify to the commissioner 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 and that the person submitted to a test. Upon receipt of both certifications, the commissioner shall undertake the license actions described in paragraphs (a) and (b).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011. new text end

Sec. 5.

Minnesota Statutes 2009 Supplement, section 169A.54, subdivision 1, is amended to read:

Subdivision 1.

Revocation periods for DWI 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) deleted text begin : deleted text end new text begin , new text end not less than 30 days;

(2) for an offense under section 169A.20, subdivision 2 (refusal to submit to chemical test crime) deleted text begin : deleted text end new text begin , new text end not less than 90 days;

(3) for an offense occurring within ten years of a qualified prior impaired driving incident deleted text begin : deleted text end new text begin , or occurring after two qualified prior impaired driving incidents, new text end

deleted text begin (i) if the current conviction is for a violation of section 169A.20, subdivision 1, 1a, 1b, or 1c, deleted text end not less than deleted text begin 180 days deleted text end new text begin one year, or if the test results indicate an alcohol concentration of twice the legal limit or more, not less than two years new text end 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); deleted text begin or deleted text end

deleted text begin (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; deleted text end

(4) for an offense occurring within ten years of the first of two qualified prior impaired driving incidents deleted text begin : deleted text end new text begin or occurring after three qualified prior impaired driving incidents, new text end not less than deleted text begin one year deleted text end new text begin three years new text end , together with denial under section 171.04, subdivision 1, clause (10), until rehabilitation is established deleted text begin in accordance with deleted text end new text begin according to new text end standards established by the commissioner; deleted text begin or deleted text end

(5) for an offense occurring within ten years of the first of three deleted text begin or more deleted text end qualified prior impaired driving incidents deleted text begin : deleted text end new text begin , new text end not less than deleted text begin two deleted text end new text begin four new text end years, together with denial under section 171.04, subdivision 1, clause (10), until rehabilitation is established deleted text begin in accordance with deleted text end new text begin according to new text end standards established by the commissioner new text begin ; or new text end

new text begin (6) for an offense occurring after four or more qualified prior impaired driving incidents, not less than six years, together with denial under section 171.04, subdivision 1, clause (10), until rehabilitation is established according to standards established by the commissioner new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011. new text end

Sec. 6.

Minnesota Statutes 2008, section 169A.54, subdivision 2, is amended to read:

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 deleted text begin six months deleted text end new text begin not less than 180 days new text end or for the appropriate period of time under subdivision 1, clauses (1) to deleted text begin (5) deleted text end new text begin (6) new text end , for the offense committed, whichever is the deleted text begin greatest deleted text end new text begin longer new text end period.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011. new text end

Sec. 7.

Minnesota Statutes 2008, section 169A.54, subdivision 5, is amended to read:

Subd. 5.

Violations involving alcohol concentration of deleted text begin 0.20 deleted text end new text begin twice the legal limit new text end or more.

If the person new text begin has no qualified prior impaired driving incidents within the past ten years and new text end is convicted of violating section 169A.20 (driving while impaired) while having an alcohol concentration of deleted text begin 0.20 deleted text end new text begin twice the legal limit new text end 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 deleted text begin twice the period of time otherwise provided for in this section deleted text end new text begin not less than one year new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011. new text end

Sec. 8.

Minnesota Statutes 2008, section 169A.55, is amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Reinstatement of driving privileges; multiple incidents. new text end

new text begin (a) A person whose driver's license has been canceled or denied as a result of three or more qualified impaired driving incidents shall not be eligible for reinstatement of driving privileges without an ignition interlock restriction until the person: new text end

new text begin (1) has completed rehabilitation according to rules adopted by the commissioner or been granted a variance from the rules by the commissioner; and new text end

new text begin (2) has submitted verification of abstinence from alcohol and controlled substances, as evidenced by the person's use of an ignition interlock device or other chemical monitoring device approved by the commissioner. new text end

new text begin (b) The verification of abstinence must show that the person has abstained from the use of alcohol and controlled substances for a period of not less than: new text end

new text begin (1) three years, for a person whose driver's license was canceled or denied for an offense occurring within ten years of the first of two qualified prior impaired driving incidents, or occurring after three qualified prior impaired driving incidents; new text end

new text begin (2) four years, for a person whose driver's license was canceled or denied for an offense occurring within ten years of the first of three qualified prior impaired driving incidents; or new text end

new text begin (3) six years, for a person whose driver's license was canceled or denied for an offense occurring after four or more qualified prior impaired driving incidents. new text end

new text begin (c) The commissioner shall establish performance standards and a process for certifying chemical monitoring devices. The standards and procedures are not rules and are exempt from chapter 14, including section 14.386. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011. new text end

Sec. 9.

Minnesota Statutes 2008, section 169A.60, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) As used in this section, the following terms have the meanings given in this subdivision.

(b) "Family or household member" has the meaning given in section 169A.63, subdivision 1.

(c) "Motor vehicle" means a self-propelled motor vehicle other than a motorboat in operation or an off-road recreational vehicle.

(d) "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 deleted text begin a conforming deleted text end new text begin an new text end ordinance from this state or a deleted text begin conforming deleted text end statute or ordinance from another state new text begin in conformity with either of those sections new text end , 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 or 169A.52 while having an alcohol concentration of deleted text begin 0.20 deleted text end new text begin twice the legal limit new text end or more as measured at the time, or within two hours of the time, of the offense;

(4) a violation of section 169A.20 or 169A.52 while having a child under the age of 16 in the vehicle if the child is more than 36 months younger than the offender; deleted text begin and deleted text end new text begin or new text end

(5) a violation of section 171.24 (driving without valid license) by a person whose driver's license or driving privileges have been canceled new text begin or denied new text end under section 171.04, subdivision 1, clause (10) (persons not eligible for driver's license, inimical to public safety).

(e) "Violator" means a person who was driving, operating, or in physical control of the motor vehicle when the plate impoundment violation occurred.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011. new text end

Sec. 10.

Minnesota Statutes 2008, section 171.09, is amended to read:

171.09 DRIVING RESTRICTIONS; AUTHORITY, VIOLATIONS.

Subdivision 1.

Authority; violations.

(a) The commissioner, when good cause appears, may impose restrictions suitable to the licensee's driving ability or other restrictions applicable to the licensee as the commissioner may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.

(b) Pursuant to Code of Federal Regulations, title 49, section 383.95, if an applicant for a commercial driver's license either does not successfully complete the air brake component of the knowledge test, or does not successfully complete the skills test in a vehicle equipped with air brakes as such tests are prescribed in Code of Federal Regulations, title 49, part 384, the department shall indicate on the class C, class B, or class A commercial driver's license, if issued, that the individual is restricted from operating a commercial motor vehicle equipped with air brakes.

(c) Upon receiving satisfactory evidence of any violation of the restrictions on the license, the commissioner may suspend or revoke the license. A license suspension under this section is subject to section 171.18, subdivisions 2 and 3.

(d) A person who drives, operates, or is in physical control of a motor vehicle while in violation of the restrictions imposed in a restricted driver's license issued to that person under this section is guilty of a crime as follows:

(1) if the restriction relates to the possession or consumption of alcohol or controlled substances, the person is guilty of a gross misdemeanor; or

(2) if the restriction relates to another matter, the person is guilty of a misdemeanor.

new text begin (e) It is a misdemeanor for a person who holds a restricted license issued under section 171.306 to drive, operate, or be in physical control of any motor vehicle that is not equipped with a functioning ignition interlock device certified by the commissioner. new text end

new text begin Subd. 3. new text end

new text begin No-alcohol restriction. new text end

new text begin (a) As used in this subdivision, "impaired driving incident" has the meaning given in section 169A.03, subdivision 22. new text end

new text begin (b) Upon proper application by a person having a valid driver's license containing the restriction that the person must not consume alcohol or controlled substances, who has not been documented as having consumed alcohol or having possessed or used a controlled substance within the past ten years, and whose driving record contains no impaired driving incident within the past ten years, the commissioner must remove the no-alcohol/controlled substance restriction on the person's driving record and issue to the person a duplicate driver's license that does not show that restriction. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011. new text end

Sec. 11.

Minnesota Statutes 2008, section 171.30, subdivision 1, is amended to read:

Subdivision 1.

Conditions of issuance.

(a) In any case where a person's license has been suspended under section 171.18, 171.173, or 171.186 deleted text begin , or deleted text end new text begin ; new text end revoked under section 169.792 deleted text begin , deleted text end new text begin ; new text end 169.797 deleted text begin , deleted text end new text begin ; new text end 169A.52, deleted text begin 169A.54, deleted text end new text begin subdivision 3, paragraph (a), clause (1), (2), (4), (5), or (6), or subdivision 4, paragraph (a), clause (1) if the test results indicate an alcohol concentration of less than twice the legal limit, (2) if the test results indicate an alcohol concentration of less than twice the legal limit, (4), (5), or (6); new text end 171.17 deleted text begin , deleted text end new text begin ; new text end or 171.172 deleted text begin , deleted text end new text begin ; or revoked, canceled, or denied under section 169A.54, subdivision 1, clause (1), (2), (4), (5), or (6), or subdivision 2 if the person does not have a qualified prior impaired driving incident as defined in section 169A.03, subdivision 22, on the person's record, new text end the commissioner may issue a limited license to the driver including under the following conditions:

(1) if the driver's livelihood or attendance at a chemical dependency treatment or counseling program depends upon the use of the driver's license;

(2) if the use of a driver's license by a homemaker is necessary to prevent the substantial disruption of the education, medical, or nutritional needs of the family of the homemaker; or

(3) if attendance at a postsecondary institution of education by an enrolled student of that institution depends upon the use of the driver's license.

(b) The commissioner in issuing a limited license may impose such conditions and limitations as in the commissioner's judgment are necessary to the interests of the public safety and welfare including reexamination as to the driver's qualifications. The license may be limited to the operation of particular vehicles, to particular classes and times of operation, and to particular conditions of traffic. The commissioner may require that an applicant for a limited license affirmatively demonstrate that use of public transportation or carpooling as an alternative to a limited license would be a significant hardship.

(c) For purposes of this subdivision deleted text begin , deleted text end new text begin : (1) new text end "homemaker" refers to the person primarily performing the domestic tasks in a household of residents consisting of at least the person and the person's dependent child or other dependents new text begin ; and (2) "twice the legal limit" means an alcohol concentration of two times the limit specified in section 169A.20, subdivision 1, clause (5) new text end .

(d) The limited license issued by the commissioner shall clearly indicate the limitations imposed and the driver operating under the limited license shall have the license in possession at all times when operating as a driver.

(e) In determining whether to issue a limited license, the commissioner shall consider the number and the seriousness of prior convictions and the entire driving record of the driver and shall consider the number of miles driven by the driver annually.

(f) If the person's driver's license or permit to drive has been revoked under section 169.792 or 169.797, the commissioner may only issue a limited license to the person after the person has presented an insurance identification card, policy, or written statement indicating that the driver or owner has insurance coverage satisfactory to the commissioner of public safety. The commissioner of public safety may require the insurance identification card provided to satisfy this subdivision be certified by the insurance company to be noncancelable for a period not to exceed 12 months.

(g) The limited license issued by the commissioner to a person under section 171.186, subdivision 4, must expire 90 days after the date it is issued. The commissioner must not issue a limited license to a person who previously has been issued a limited license under section 171.186, subdivision 4.

(h) The commissioner shall not issue a limited driver's license to any person described in section 171.04, subdivision 1, clause (6), (7), (8), deleted text begin (10), deleted text end (11), or (14).

(i) The commissioner shall not issue a class A, class B, or class C limited license.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011. new text end

Sec. 12.

Minnesota Statutes 2008, section 171.30, subdivision 2a, is amended to read:

Subd. 2a.

Other waiting periods.

Notwithstanding subdivision 2, a limited license shall not be issued for a period of:

(1) 15 days, to a person whose license or privilege has been revoked or suspended for a new text begin first new text end violation of section 169A.20, sections 169A.50 to 169A.53, or a statute or ordinance from another state in conformity with either of those sections; new text begin or new text end

deleted text begin (2) 90 days, to a person who submitted to testing under sections 169A.50 to 169A.53 if the person's license or privilege has been revoked or suspended for a second violation within ten years or a third or subsequent violation of section 169A.20, sections 169A.50 to 169A.53, or a statute or ordinance from another state in conformity with either of those sections; deleted text end

deleted text begin (3) 180 days, to a person who refused testing under sections 169A.50 to 169A.53 if the person's license or privilege has been revoked or suspended for a second violation within ten years or a third or subsequent violation of sections 169A.20, 169A.50 to 169A.53, or a statute or ordinance from another state in conformity with either of those sections; or deleted text end

deleted text begin (4) deleted text end new text begin (2) new text end one year, to a person whose license or privilege has been revoked or suspended for committing manslaughter resulting from the operation of a motor vehicle, committing criminal vehicular homicide or injury under section 609.21, or violating a statute or ordinance from another state in conformity with either of those offenses.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011. new text end

Sec. 13.

Minnesota Statutes 2008, section 171.30, subdivision 4, is amended to read:

Subd. 4.

Penalty.

A person who violates a condition or limitation of a limited license issued under subdivision 1 or fails to have the license in immediate possession at all times when operating a motor vehicle is guilty of a misdemeanor. In addition, new text begin except as otherwise provided in the ignition interlock program under section 171.306, new text end a person who violates a condition or limitation of a limited license may not operate a motor vehicle for the remainder of the period of suspension or revocation, or 30 days, whichever is longer.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011. new text end

Sec. 14.

Minnesota Statutes 2008, section 171.306, as amended by Laws 2009, chapter 29, sections 2 and 3, is amended to read:

171.306 IGNITION INTERLOCK DEVICE deleted text begin PILOT PROJECT deleted text end new text begin PROGRAM new text end .

Subdivision 1.

deleted text begin Pilot project established; reports deleted text end new text begin Definitions new text end .

deleted text begin The commissioner shall conduct a statewide two-year ignition interlock device pilot project as provided in this section. The pilot project must begin on July 1, 2009, and continue until June 30, 2011. The commissioner shall submit a preliminary report by September 30, 2010, and a final report by September 30, 2011, to the chairs and ranking minority members of the senate and house of representatives committees having jurisdiction over criminal justice policy and funding. The reports must evaluate the successes and failures of the pilot project, provide information on participation rates, and make recommendations on continuing the project. deleted text end new text begin (a) As used in this section, the terms in this subdivision have the meanings given them. new text end

new text begin (b) "Ignition interlock device" or "device" means equipment that is designed to measure breath alcohol concentration and to prevent a motor vehicle's ignition from being started by a person whose breath alcohol concentration measures 0.02 or higher on the equipment. new text end

new text begin (c) "Program participant" means a person whose driver's license has been revoked, canceled, or denied under section 169A.52, 169A.54, or 171.04, subdivision 1, clause (10), and who has qualified to take part in the ignition interlock program under this section. new text end

new text begin (d) "Qualified prior impaired driving incident" has the meaning given in section 169A.03, subdivision 22. new text end

Subd. 2.

Performance standards; certification new text begin ; manufacturer requirements new text end .

The commissioner shall deleted text begin determine appropriate deleted text end new text begin establish new text end performance standards and a deleted text begin certification deleted text end process for deleted text begin ignition interlock deleted text end new text begin certifying new text end devices deleted text begin for deleted text end new text begin used in new text end the deleted text begin pilot project. Only devices certified by the commissioner as meeting the performance standards may be used in the pilot project. deleted text end new text begin ignition interlock program. The manufacturer of a device must apply annually for certification of the device by submitting the form prescribed by the commissioner. The commissioner shall require manufacturers of certified devices to: new text end

new text begin (1) provide device installation, servicing, and monitoring to indigent program participants at a discounted rate, according to the standards established by the commissioner; and new text end

new text begin (2) include in an ignition interlock device contract a provision that a program participant who voluntarily terminates participation in the program is only liable for servicing and monitoring costs incurred during the time the device is installed on the motor vehicle, regardless of whether the term of the contract has expired. new text end

Subd. 3.

deleted text begin Pilot project components deleted text end new text begin Program requirements new text end .

(a) deleted text begin Under the pilot project, the commissioner shall issue a driver's license to an individual whose driver's license has been revoked under chapter 169A for an impaired driving incident if the person qualifies under this section and agrees to all of the conditions of the project. deleted text end new text begin The commissioner shall establish guidelines for participation in the ignition interlock program. A person who seeks to participate in the program shall sign a written acknowledgment that the person has received, reviewed, and agreed to abide by the program guidelines. new text end

(b) The commissioner must deleted text begin denote the person's driver's license deleted text end new text begin enter a notation on a person's driving new text end record to indicate new text begin that new text end the deleted text begin person's participation in the deleted text end new text begin person is a new text end program new text begin participant new text end . deleted text begin The license must authorize the person to drive only vehicles having functioning ignition interlock devices conforming with the requirements of subdivision 2. deleted text end

(c) deleted text begin Notwithstanding any statute or rule to the contrary, the commissioner has authority to and shall determine the appropriate period for which a person participating in the ignition interlock pilot program shall be subject to this program, and when the person is eligible to be issued: deleted text end new text begin A person under the age of 18 years is not eligible to be a program participant. new text end

deleted text begin (1) a limited driver's license subject to the ignition interlock restriction; deleted text end

deleted text begin (2) full driving privileges subject to the ignition interlock restriction; and deleted text end

deleted text begin (3) a driver's license without an ignition interlock restriction. deleted text end

(d) new text begin A program participant shall pay costs associated with an ignition interlock device on every motor vehicle that the participant operates or intends to operate. new text end

new text begin (e) new text end A deleted text begin person participating in this pilot project deleted text end new text begin program participant new text end shall deleted text begin agree to deleted text end participate in any treatment recommended deleted text begin by deleted text end new text begin in new text end a chemical use assessment new text begin report new text end .

deleted text begin (e) The commissioner shall determine guidelines for participation in the project. A person participating in the project shall sign a written agreement accepting these guidelines and agreeing to comply with them. deleted text end

(f) deleted text begin It is a misdemeanor for a person who is licensed under this section for driving a vehicle equipped with an ignition interlock device to drive, operate, or be in physical control of a motor vehicle other than a vehicle properly equipped with an deleted text end new text begin A program participant shall bring the device-equipped motor vehicle or vehicles operated by the program participant to an approved service provider for device calibration and servicing according to the schedule established by the commissioner and as indicated by the new text end ignition interlock device.

new text begin Subd. 4. new text end

new text begin Issuance of restricted license. new text end

new text begin (a) The commissioner shall issue a class D driver's license, subject to the applicable limitations and restrictions of this section, to a program participant who meets the requirements of this section and the program guidelines. The commissioner shall not issue a license unless the program participant has provided satisfactory proof that: (1) a certified ignition interlock device has been installed on the participant's motor vehicle at an installation service center designated by the device's manufacturer; and (2) the participant has insurance coverage on the vehicle equipped with the ignition interlock device. The commissioner shall require the participant to present an insurance identification card, policy, or written statement as proof of insurance coverage, and may require the insurance identification card provided be certified by the insurance company to be noncancelable for a period not to exceed 12 months. A license issued under authority of this section must contain a restriction prohibiting the program participant from driving, operating, or being in physical control of any motor vehicle not equipped with a functioning ignition interlock device certified by the commissioner. A participant may drive an employer-owned vehicle not equipped with an interlock device while in the normal course and scope of employment duties pursuant to the program guidelines established by the commissioner and with the employer's written consent. new text end

new text begin (b) A program participant whose driver's license has been revoked under section 169A.52, subdivision 3, paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph (a), clause (1), (2), or (3), or section 169A.54, subdivision 1, clause (1), (2), or (3), may apply for conditional reinstatement of the driver's license, subject to the ignition interlock restriction. new text end

new text begin (c) A program participant whose driver's license has been revoked, canceled, or denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or subdivision 4, paragraph (a), clause (4), (5), or (6), or section 169A.54, subdivision 1, clause (4), (5), or (6), may apply for a limited license, subject to the ignition interlock restriction, if the program participant is enrolled in a licensed chemical dependency treatment or rehabilitation program as recommended in a chemical use assessment, and if the participant meets the other applicable requirements of section 171.30. After completing a licensed chemical dependency treatment or rehabilitation program and one year of limited license use without violating the ignition interlock restriction, the conditions of limited license use, or program guidelines, the participant may apply for conditional reinstatement of the driver's license, subject to the ignition interlock restriction. If the program participant's ignition interlock device subsequently registers a positive breath alcohol concentration of 0.02 or higher, the commissioner shall cancel the driver's license, and the program participant may apply for another limited license according to this paragraph. new text end

new text begin (d) Notwithstanding any statute or rule to the contrary, the commissioner has authority to determine when a program participant is eligible for restoration of full driving privileges, except that the commissioner shall not reinstate full driving privileges until the program participant has met all applicable prerequisites for reinstatement under section 169A.55 and until the program participant's device has registered no positive breath alcohol concentrations of 0.02 or higher during the preceding 90 days. new text end

new text begin Subd. 5. new text end

new text begin Penalties; program violations. new text end

new text begin (a) If a program participant tampers with, circumvents, or bypasses a device; drives, operates, or exercises physical control over a motor vehicle not equipped with a device certified by the commissioner; violates a condition of a limited license issued under subdivision 4 and section 171.30; or violates the program guidelines of subdivision 2, the commissioner shall extend the person's revocation period under section 169A.52 or 169A.54 by: new text end

new text begin (1) 180 days for a first violation; new text end

new text begin (2) one year for a second violation; or new text end

new text begin (3) 545 days for a third and each subsequent violation. new text end

new text begin (b) Notwithstanding paragraph (a), the commissioner may terminate participation in the program by any person when, in the commissioner's judgment, termination is necessary to the interests of public safety and welfare. In the event of termination, the commissioner shall not reduce the applicable revocation period under section 169A.52 or 169A.54 by the amount of time during which the person possessed a limited or restricted driver's license issued under the authority of subdivision 4. new text end

new text begin Subd. 6. new text end

new text begin Penalties; tampering. new text end

new text begin (a) A person who lends, rents, or leases a motor vehicle that is not equipped with a functioning ignition interlock device certified by the commissioner to a person with a license issued under this section knowing that the person is subject to the ignition interlock restriction is guilty of a misdemeanor. new text end

new text begin (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 except when 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. new text end

new text begin Subd. 7. new text end

new text begin Venue. new text end

new text begin In addition to the provisions of Rule 24 of the Rules of Criminal Procedure and section 627.01, a violation of subdivision 6 or section 171.09, subdivision 1, paragraph (e), may be prosecuted in: new text end

new text begin (1) the county in which the vehicle involved in the offense is found; new text end

new text begin (2) the county in which the accused resides; new text end

new text begin (3) any county through which the vehicle traveled in the course of the trip during or after which the offense was committed; or new text end

new text begin (4) the county in which the impaired driving incident occurred, which resulted in the accused being issued a driver's license with an ignition interlock restriction. new text end

new text begin Subd. 8. new text end

new text begin Rulemaking. new text end

new text begin In establishing the performance standards and certification process of subdivision 2 and the program guidelines of subdivision 3, the commissioner is exempt from chapter 14, including section 14.386. If rules are otherwise necessary to implement this section, the commissioner may adopt, amend, and repeal rules using the exempt procedures of section 14.386, except that paragraph (b) shall not apply. new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 1 to 7 are effective July 1, 2011. Subdivision 8 is effective August 1, 2010. new text end

Sec. 15.

Minnesota Statutes 2008, section 609.131, subdivision 2, is amended to read:

Subd. 2.

Certain violations excepted.

Subdivision 1 does not apply to a misdemeanor violation of section 169A.20; new text begin 171.09, subdivision 1, paragraph (e); 171.306, subdivision 6; new text end 609.224; 609.2242; 609.226; 609.324, subdivision 3; 609.52; or 617.23, or an ordinance that conforms in substantial part to any of those sections. A violation described in this subdivision must be treated as a misdemeanor unless the defendant consents to the certification of the violation as a petty misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011. new text end

Sec. 16.

new text begin RULEMAKING. new text end

new text begin The commissioner may adopt, amend, or repeal rules as needed to administer Minnesota Statutes, section 169A.55, subdivision 4, paragraph (a), using the exempt procedures of Minnesota Statutes, section 14.386, except that paragraph (b) shall not apply. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010. new text end

Sec. 17.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2008, sections 169A.54, subdivision 11; 169A.55, subdivision 1; 171.30, subdivision 2c; and 171.305, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10, and 11, new text end new text begin are repealed effective July 1, 2011. new text end

Presented to the governor May 14, 2010

Signed by the governor May 18, 2010, 1:45 p.m.