Key: (1) language to be deleted (2) new language
Laws of Minnesota 1987 CHAPTER 225-H.F.No. 690 An act relating to traffic regulations; requiring a blood or urine test when there is probable cause to believe there is impairment by a controlled substance; requiring alternative test to be offered under certain conditions; providing for a study to determine the necessity of certain other testing; amending Minnesota Statutes 1986, section 169.123, subdivisions 2 and 2a. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1986, section 169.123, subdivision 2, is amended to read: Subd. 2. [IMPLIED CONSENT; CONDITIONS; ELECTION AS TO TYPE OF TEST.] (a) Any person who drives, operates, or is in physical control of a motor vehicle within this state or upon the ice of any boundary water of this state consents, subject to the provisions of this section and section 169.121, to a chemical test of that person's blood, breath, or urine for the purpose of determining the presence of alcohol or a controlled substance. The test shall be administered at the direction of a peace officer. The test may be required of a person when an officer has probable cause to believe the person was driving, operating, or in physical control of a motor vehicle in violation of section 169.121 and one of the following conditions exist: (1) the person has been lawfully placed under arrest for violation of section 169.121, or an ordinance in conformity with it; or (2) the person has been involved in a motor vehicle accident or collision resulting in property damage, personal injury, or death; or (3) the person has refused to take the screening test provided for by section 169.121, subdivision 6; or (4) the screening test was administered and recorded an alcohol concentration of 0.10 or more. (b) At the time a test is requested, the person shall be informed: (1) that Minnesota law requires the person to take a test to determine if the person is under the influence of alcohol or a controlled substance; (2) that if testing is refused, the person's right to drive will be revoked for a minimum period of one year or, if the person is under the age of 18 years, for a period of one year or until the person reaches the age of 18 years, whichever is greater; (3) that if a test is taken and the results indicate that the person is under the influence of alcohol or a controlled substance, the person will be subject to criminal penalties and the person's right to drive may be revoked for a minimum period of 90 days or, if the person is under the age of 18 years, for a period of six months or until the person reaches the age of 18 years, whichever is greater; (4) that after submitting to testing, the person has the right to consult with an attorney and to have additional tests made by someone of the person's own choosing; and (5) that if the person refuses to take a test, the refusal will be offered into evidence against the person at trial. (c) The peace officer who requires a test pursuant to this subdivision may direct whether the test shall be of blood, breath, or urine.However, if the officer directs that the testshall be of a person's blood or urine, the person may choosewhether the test shall be of blood or urineAction may be taken against a person who refuses to take a blood test only if an alternative test was offered and action may be taken against a person who refuses to take a urine test only if an alternative test was offered. Sec. 2. Minnesota Statutes 1986, section 169.123, subdivision 2a, is amended to read: Subd. 2a. [REQUIREMENT OF URINE OR BLOOD TEST.] Notwithstanding subdivision 2, if thereare reasonable andprobable groundsis probable cause to believe there is impairment by a controlled substancewhichthat is not subject to testing by ablood orbreath test, a urine or blood test may be required even after ablood orbreath test has been administered. 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. Sec. 3. [STUDY OF NEED FOR ADDITIONAL TESTING FOR CONTROLLED SUBSTANCES.] The commissioner of public safety shall study the need for requiring persons suspected of driving under the influence, and persons involved in motor vehicle accidents, to submit to blood or urine tests for controlled substances, in addition to breath tests. The commissioner must report the results of the study to the appropriate committees of the legislature by December 1, 1987. The study must evaluate whether requiring testing for controlled substances would: (1) improve the accuracy of statistics kept by the department on the number of accidents and driving under the influence cases that involve controlled substances; and (2) increase the likelihood of convicting persons driving under the influence of controlled substances. Approved May 26, 1987
Official Publication of the State of Minnesota
Revisor of Statutes