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1996 Minnesota Session Laws

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                            CHAPTER 442-S.F.No. 2340 
                  An act relating to crimes; driving while intoxicated; 
                  expanding the prohibitions of the driving while 
                  intoxicated and criminal vehicular operation laws to 
                  include persons who operate a motor vehicle or 
                  airplane with the presence of any amount of certain 
                  controlled substances in their bodies; providing a 
                  defense for controlled substance use that complies 
                  with a lawfully issued prescription; expanding 
                  criminal vehicular operation law to include conduct 
                  resulting in bodily harm and to recodify certain hit 
                  and run crimes; requiring issuance of special 
                  registration plates to certain nonviolator owners; 
                  recodifying law providing penalties and license 
                  suspension to youth under 21 who drive after drinking; 
                  providing a longer waiting period before the issuance 
                  of a limited license following DWI and certain other 
                  offenses if the driver is under the age of 18 years; 
                  clarifying the application of consecutive sentencing 
                  provisions to impaired driving and driver's license 
                  offenses arising out of a single course of conduct; 
                  requiring the POST board to develop a plan to train 
                  peace officers in drug recognition techniques; driving 
                  while intoxicated; making clarifying technical 
                  changes; prescribing penalties; appropriating money; 
                  amending Minnesota Statutes 1994, sections 168.042, 
                  subdivision 8, and by adding a subdivision; 169.01, by 
                  adding subdivisions; 169.121, subdivisions 1, 1c, 2, 
                  3, 4, 6, and 10a; 169.123, subdivisions 2, 2a, 3, 4, 
                  and 6; 169.129; 169.791, by adding a subdivision; 
                  169.797, subdivision 4; 171.30, by adding a 
                  subdivision; 360.0752, subdivisions 1, 2, 5, 6, and 7; 
                  360.0753, subdivisions 2, 3, and 6; 609.21; and 
                  629.471, subdivision 2; Minnesota Statutes 1995 
                  Supplement, sections 171.18, subdivision 1; and 
                  340A.503, subdivision 1; proposing coding for new law 
                  in Minnesota Statutes, chapters 169; and 171. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 168.042, 
        subdivision 8, is amended to read: 
           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 a: 
           (1) the violator had a valid driver's license on the date 
        of the violation and the person subject to an impoundment order 
        under this section, other than the violator, files with the 
        commissioner an acceptable sworn statement containing the 
        following information: 
           (1) (i) that the person is the registered owner of the 
        vehicle from which the plates have been impounded under this 
        section; 
           (2) (ii) that the person is the current owner and possessor 
        of the vehicle used in the violation; 
           (3) (iii) the date on which the violator obtained the 
        vehicle from the registered owner; 
           (4) (iv) the residence addresses of the registered owner 
        and the violator on the date the violator obtained the vehicle 
        from the registered owner; 
           (5) (v) that the person was not a passenger in the vehicle 
        at the time of the violation; and 
           (6) (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 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) The commissioner may not rescind the impoundment order 
        nor reissue registration plates to a registered owner if the 
        owner knew or had reason to know that the violator did not have 
        a valid driver's license on the date the violator obtained the 
        vehicle from the owner. A person who has failed to make a report 
        as provided in paragraph (a), clause (2), may be issued special 
        registration plates under subdivision 12 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. 
           Sec. 2.  Minnesota Statutes 1994, section 168.042, is 
        amended by adding a subdivision to read: 
           Subd. 13a.  [ACQUIRING ANOTHER VEHICLE.] If during the 
        effective period of the plate impoundment the violator applies 
        to the commissioner for registration plates for any vehicle, the 
        commissioner shall not issue registration plates unless the 
        violator qualifies for special registration plates under 
        subdivision 12 and unless the plates issued are special plates 
        as described in subdivision 12. 
           Sec. 3.  Minnesota Statutes 1994, section 169.01, is 
        amended by adding a subdivision to read: 
           Subd. 82.  [CONTROLLED SUBSTANCE.] "Controlled substance" 
        has the meaning given in section 152.01, subdivision 4. 
           Sec. 4.  Minnesota Statutes 1994, section 169.01, is 
        amended by adding a subdivision to read: 
           Subd. 83.  [HAZARDOUS SUBSTANCE.] "Hazardous substance" 
        means any chemical or chemical compound that is listed as a 
        hazardous substance in rules adopted under chapter 182. 
           Sec. 5.  Minnesota Statutes 1994, section 169.121, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CRIME; ACTS PROHIBITED.] It is a crime for 
        any person to drive, operate, or be in physical control of any 
        motor vehicle within this state or upon the ice of any boundary 
        water of this state under any of the following circumstances: 
           (a) when the person is under the influence of alcohol; 
           (b) when the person is under the influence of a controlled 
        substance, as defined in section 152.01, subdivision 4; 
           (c) when the person is under the influence of a combination 
        of any two or more of the elements named in clauses (a), (b), 
        and (f); 
           (d) when the person's alcohol concentration is 0.10 or 
        more; 
           (e) when the person's alcohol concentration as measured 
        within two hours of the time of driving, operating, or being in 
        physical control of the motor vehicle is 0.10 or more; or 
           (f) when the person is knowingly under the influence of any 
        chemical compound or combination of chemical compounds that is 
        listed as a hazardous substance in rules adopted under section 
        182.655 and that affects the nervous system, brain, or muscles 
        of the person so as to substantially impair the person's ability 
        to drive or operate the motor vehicle; or 
           (g) when the person's body contains any amount of a 
        controlled substance listed in schedule I or II other than 
        marijuana or Tetrahydrocannabinols. 
           Sec. 6.  Minnesota Statutes 1994, section 169.121, 
        subdivision 1c, is amended to read: 
           Subd. 1c.  [CONDITIONAL RELEASE.] Unless maximum bail is 
        imposed under section 629.471, subdivision 2, a person charged 
        with violating subdivision 1 within ten years of the first of 
        three prior impaired driving convictions or within the person's 
        lifetime after four or more prior impaired driving convictions 
        may be released from detention only if the following conditions 
        are imposed in addition to the 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) a requirement that the alleged violator report weekly 
        to a probation agent; 
           (3) a requirement that the alleged violator abstain from 
        consumption of alcohol and controlled substances and submit to 
        random, weekly alcohol tests or urine analyses; and 
           (4) a requirement that, if convicted, the alleged violator 
        reimburse the court or county for the total cost of these 
        services. 
           Sec. 7.  Minnesota Statutes 1994, section 169.121, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EVIDENCE.] (a) Upon the trial of any prosecution 
        arising out of acts alleged to have been committed by any person 
        arrested for driving, operating, or being in physical control of 
        a motor vehicle in violation of subdivision 1, the court may 
        admit evidence of the presence or amount of alcohol or a, 
        controlled substance substances, or hazardous substances in the 
        person's blood, breath, or urine as shown by an analysis of 
        those items. 
           (b) For the purposes of this subdivision, evidence that 
        there was at the time an alcohol concentration of 0.04 or more 
        is relevant evidence in indicating whether or not the person was 
        under the influence of alcohol. 
           (c) Evidence of the refusal to take a test is admissible 
        into evidence in a prosecution under this section or an 
        ordinance in conformity with it.  
           (d) If proven by a preponderance of the evidence, it shall 
        be an affirmative defense to a violation of subdivision 1, 
        clause (e), that the defendant consumed a sufficient quantity of 
        alcohol after the time of actual driving, operating, or physical 
        control of a motor vehicle and before the administration of the 
        evidentiary test to cause the defendant's alcohol concentration 
        to exceed 0.10.  Provided, that this evidence may not be 
        admitted unless notice is given to the prosecution prior to the 
        omnibus or pretrial hearing in the matter.  Evidence that the 
        defendant consumed alcohol after the time of actual driving, 
        operating, or being in physical control of a motor vehicle may 
        not be admitted in defense to any alleged violation of this 
        section unless notice is given to the prosecution prior to the 
        omnibus or pretrial hearing in the matter. 
           (e) If proven by a preponderance of the evidence, it shall 
        be an affirmative defense to a violation of subdivision 1, 
        clause (g), that the defendant used the controlled substance 
        according to the terms of a prescription issued for the 
        defendant in accordance with sections 152.11 and 152.12.  
           (f) The foregoing preceding provisions do not limit the 
        introduction of any other competent evidence bearing upon the 
        question of whether or not the person violated this section, 
        including tests obtained more than two hours after the alleged 
        violation and results obtained from partial tests on an infrared 
        breath-testing instrument.  A result from a partial test is the 
        measurement obtained by analyzing one adequate breath sample, as 
        defined in section 169.123, subdivision 2b, paragraph (b). 
           Sec. 8.  Minnesota Statutes 1994, section 169.121, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this 
        subdivision:  
           (1) "prior impaired driving conviction" means a prior 
        conviction under this section; section 84.91, subdivision 1, 
        paragraph (a); 86B.331, subdivision 1, paragraph (a); 169.129; 
        360.0752; 609.21, subdivision 1, clauses (2) to (4) (6); 609.21, 
        subdivision 2, clauses (2) to (4) (6); 609.21, subdivision 2a, 
        clauses (2) to (4) (6); subdivision 2b, clauses (2) to (6); 
        609.21, subdivision 3, clauses (2) to (4) (6); 609.21, 
        subdivision 4, clauses (2) to (4) (6); or an ordinance from this 
        state, or a statute or ordinance from another state in 
        conformity with any of them.  A prior impaired driving 
        conviction also includes a prior juvenile adjudication that 
        would have been a prior impaired driving conviction if committed 
        by an adult; and 
           (2) "prior license revocation" means a driver's license 
        suspension, revocation, or cancellation under this section; 
        section 169.123; 171.04; 171.14; 171.16; 171.17; or 171.18 
        because of an alcohol-related incident; 609.21, subdivision 1, 
        clauses (2) to (4) (6); 609.21, subdivision 2, clauses (2) 
        to (4) (6); 609.21, subdivision 2a, clauses (2) 
        to (4) (6); subdivision 2b, clauses (2) to (6); 609.21, 
        subdivision 3, clauses (2) to (4) (6); or 609.21, subdivision 4, 
        clauses (2) to (4) (6); or an ordinance from this state, or a 
        statute or ordinance from another state in conformity with any 
        of them. 
           (b) A person who violates subdivision 1 or 1a, or an 
        ordinance in conformity with either of them, is guilty of a 
        misdemeanor. 
           (c) A person is guilty of a gross misdemeanor under any of 
        the following circumstances: 
           (1) the person violates subdivision 1 within five years of 
        a prior impaired driving conviction, or within ten years of the 
        first of two or more prior impaired driving convictions; 
           (2) the person violates subdivision 1a within five years of 
        a prior license revocation, or within ten years of the first of 
        two or more prior license revocations; 
           (3) the person violates section 169.26 while in violation 
        of subdivision 1; or 
           (4) the person violates subdivision 1 or 1a while a child 
        under the age of 16 is in the vehicle, if the child is more than 
        36 months younger than the violator. 
           (d) The attorney in the jurisdiction in which the violation 
        occurred who is responsible for prosecution of misdemeanor 
        violations of this section shall also be responsible for 
        prosecution of gross misdemeanor violations of this section. 
           (e) The court must impose consecutive sentences when it 
        sentences a person for a violation of this section or section 
        169.29 169.129 arising out of separate behavioral incidents.  
        The court also must impose a consecutive sentence when it 
        sentences a person for a violation of this section or section 
        169.129 and the person, at the time of sentencing, is on 
        probation for, or serving, an executed sentence for a violation 
        of this section or section 169.29 169.129 and the prior sentence 
        involved a separate behavioral incident.  The court also may 
        order that the sentence imposed for a violation of this section 
        or section 169.29 169.129 shall run consecutively to a 
        previously imposed misdemeanor, gross misdemeanor or felony 
        sentence for a violation other than this section or section 
        169.129. 
           (f) The court may impose consecutive sentences for offenses 
        arising out of a single course of conduct as permitted in 
        section 609.035, subdivision 2.  
           (g) When an attorney responsible for prosecuting gross 
        misdemeanors under this section requests criminal history 
        information relating to prior impaired driving convictions from 
        a court, the court must furnish the information without charge. 
           (g) (h) A violation of subdivision 1a may be prosecuted 
        either in the jurisdiction where the arresting officer observed 
        the defendant driving, operating, or in control of the motor 
        vehicle or in the jurisdiction where the refusal occurred. 
           Sec. 9.  Minnesota Statutes 1994, section 169.121, 
        subdivision 4, is amended to read: 
           Subd. 4.  [ADMINISTRATIVE PENALTIES.] (a) The commissioner 
        of public safety shall revoke the driver's license of a person 
        convicted of violating this section or an ordinance in 
        conformity with it as follows:  
           (1) first for an offense under subdivision 1:  not less 
        than 30 days; 
           (2) first for an offense under subdivision 1a:  not less 
        than 90 days; 
           (3) second offense in less than five years, or third or 
        subsequent offense on the record for an offense occurring within 
        five years after a prior impaired driving conviction or a prior 
        license revocation, or any time after two or more prior impaired 
        driving convictions or prior license revocations:  (i) if the 
        current conviction is for a violation of subdivision 1, not less 
        than 180 days and until the court has certified that treatment 
        or rehabilitation has been successfully completed where 
        prescribed in accordance with section 169.126; or (ii) if the 
        current conviction is for a violation of subdivision 1a, not 
        less than one year and until the court has certified that 
        treatment or rehabilitation has been successfully completed 
        where prescribed in accordance with section 169.126; 
           (4) third offense in less than five years for an offense 
        occurring within five years after the first of two prior 
        impaired driving convictions or prior license revocations:  not 
        less than one year, together with denial under section 171.04, 
        subdivision 1, clause (8), until rehabilitation is established 
        in accordance with standards established by the commissioner; 
           (5) fourth or subsequent offense on the record for an 
        offense occurring any time after three or more prior impaired 
        driving convictions or prior license revocations:  not less than 
        two years, together with denial under section 171.04, 
        subdivision 1, clause (8), until rehabilitation is established 
        in accordance with standards established by the commissioner.  
           (b) If the person convicted of violating this section is 
        under the age of 21 years, the commissioner of public safety 
        shall revoke the offender's driver's license or operating 
        privileges for a period of six months or for the appropriate 
        period of time under paragraph (a), clauses (1) to (5), for the 
        offense committed, whichever is the greatest period.  
           (c) For purposes of this subdivision, a juvenile 
        adjudication under this section, section 169.129, an ordinance 
        in conformity with either of them, or a statute or ordinance 
        from another state in conformity with either of them is an 
        offense.  
           (d) Whenever department records show that the violation 
        involved personal injury or death to any person, not less than 
        90 additional days shall be added to the base periods provided 
        above.  
           (e) Except for a person whose license has been revoked 
        under paragraph (b), and except for a person who commits a 
        violation described in subdivision 3, paragraph (c), clause (4), 
        (child endangerment), any person whose license has been revoked 
        pursuant to section 169.123 as the result of the same incident, 
        and who does not have a prior impaired driving conviction or 
        prior license revocation as defined in subdivision 3 within the 
        previous ten years, is subject to the mandatory revocation 
        provisions of paragraph (a), clause (1) or (2), in lieu of the 
        mandatory revocation provisions of section 169.123. 
           (f) As used in this subdivision, the terms "prior impaired 
        driving conviction" and "prior license revocation" have the 
        meanings given in subdivision 3, paragraph (a). 
           Sec. 10.  Minnesota Statutes 1994, section 169.121, 
        subdivision 6, is amended to read: 
           Subd. 6.  [PRELIMINARY SCREENING TEST.] (a) When a peace 
        officer has reason to believe from the manner in which a person 
        is driving, operating, controlling, or acting upon departure 
        from a motor vehicle, or has driven, operated, or controlled a 
        motor vehicle, that the driver may be violating or has violated 
        subdivision 1 or section 169.1211, the officer may require the 
        driver to provide a sample of the driver's breath for a 
        preliminary screening test using a device approved by the 
        commissioner of public safety for this purpose. 
           (b) The results of this preliminary screening test shall be 
        used for the purpose of deciding whether an arrest should be 
        made and whether to require the tests authorized in section 
        169.123, but shall not be used in any court action except (1) to 
        prove that a test was properly required of a person pursuant to 
        section 169.123, subdivision 2; (2) in a civil action arising 
        out of the operation or use of the motor vehicle; (3) in an 
        action for license reinstatement under section 171.19; or (4) in 
        a prosecution or juvenile court proceeding concerning a 
        violation of section 340A.503, subdivision 1, paragraph (a), 
        clause (2). 
           (c) Following the screening test additional tests may be 
        required of the driver pursuant to the provisions of section 
        169.123. 
           (d) The driver who refuses to furnish a sample of the 
        driver's breath is subject to the provisions of section 169.123 
        unless, in compliance with section 169.123, the driver submits 
        to a blood, breath or urine test to determine the presence or 
        amount of alcohol or a, controlled substance substances, or 
        hazardous substances.  
           Sec. 11.  Minnesota Statutes 1994, section 169.121, 
        subdivision 10a, is amended to read: 
           Subd. 10a.  [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 a blood an alcohol concentration of .10 or more,; 
           (2) who was under the influence of a controlled substance, 
        or; 
           (3) who was under the influence of alcohol and refused to 
        take a test required under section 169.123, subdivision 2, is 
        sufficient for the trier of fact to consider an award of 
        punitive damages; 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 subdivision.  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 this section, section 169.129, or 609.21 
        is admissible into evidence. 
           Sec. 12.  [169.1218] [UNDERAGE DRINKING AND DRIVING.] 
           (a) It is a misdemeanor for a person under the age of 21 
        years to drive or operate a motor vehicle while consuming 
        alcoholic beverages, or after having consumed alcoholic 
        beverages while there is physical evidence of the consumption 
        present in the person's body. 
           (b) When a person is found to have committed an offense 
        under paragraph (a), the court shall notify the commissioner of 
        public safety of its determination.  Upon receipt of the court's 
        determination, the commissioner shall suspend the person's 
        driver's license or operating privileges for 30 days, or for 180 
        days if the person has previously been found to have violated 
        paragraph (a) or a statute or ordinance in conformity with 
        paragraph (a). 
           (c) If the person's conduct violates section 169.121, 
        subdivision 1, or 169.1211, the penalties and license sanctions 
        in those laws apply instead of the license sanction in paragraph 
        (b). 
           (d) An offense under paragraph (a) may be prosecuted either 
        in the jurisdiction where consumption occurs or the jurisdiction 
        where evidence of consumption is observed. 
           Sec. 13.  Minnesota Statutes 1994, section 169.123, 
        subdivision 2, is amended to read: 
           Subd. 2.  [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 upon the ice of any 
        boundary water of this state consents, subject to the provisions 
        of this section and sections 169.121 and 169.1211, 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 
        substances, or hazardous substances.  The test shall be 
        administered at the direction of a peace officer.  The test may 
        be required of a person when an officer has probable cause to 
        believe the person was driving, operating, or in physical 
        control of a motor vehicle in violation of section 169.121 and 
        one of the following conditions exist: 
           (1) the person has been lawfully placed under arrest for 
        violation of section 169.121, or an ordinance in conformity with 
        it; 
           (2) the person has been involved in a motor vehicle 
        accident or collision resulting in property damage, personal 
        injury, or death; 
           (3) the person has refused to take the screening test 
        provided for by section 169.121, subdivision 6; or 
           (4) the screening test was administered and indicated an 
        alcohol concentration of 0.10 or more.  
           The test may also be required of a person when an officer 
        has probable cause to believe the person was driving, operating, 
        or in physical control of a commercial motor vehicle with the 
        presence of any alcohol. 
           (b) At the time a test is requested, the person shall be 
        informed: 
           (1) that Minnesota law requires the person to take a test: 
        (i) to determine if the person is under the influence of alcohol 
        or, controlled substances, or hazardous substances; (ii) to 
        determine the presence of a controlled substance or, listed in 
        schedule I or II, other than marijuana or Tetrahydrocannabinols; 
        and (iii) if the motor vehicle was a commercial motor 
        vehicle, that Minnesota law requires the person to take a test 
        to determine the presence of alcohol; 
           (2) that 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. 
           (c) The peace officer who requires a test pursuant to this 
        subdivision may direct whether the test shall be of blood, 
        breath, or urine.  Action may be taken against a person who 
        refuses to take a blood test only if an alternative test was 
        offered and action may be taken against a person who refuses to 
        take a urine test only if an alternative test was offered. 
           Sec. 14.  Minnesota Statutes 1994, section 169.123, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [REQUIREMENT OF URINE OR BLOOD TEST.] 
        Notwithstanding subdivision 2, 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 that 
        is not subject to testing by a breath test, a urine or blood 
        test may be required even after a breath test has been 
        administered 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. 
           Sec. 15.  Minnesota Statutes 1994, section 169.123, 
        subdivision 3, is amended to read: 
           Subd. 3.  [MANNER OF MAKING TEST; ADDITIONAL TESTS.] (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 or, controlled substance substances, or hazardous 
        substances.  This limitation does not apply to the taking of a 
        breath or urine sample.  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. 
           (b) The failure or inability to obtain an additional test 
        or tests by a person shall 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 alcohol the concentration of alcohol, controlled 
        substances, or hazardous substances shall in no manner be liable 
        in any civil or criminal action except for negligence in drawing 
        the blood.  The person administering a breath test shall be 
        fully trained in the administration of breath tests pursuant to 
        training given by the commissioner of public safety. 
           Sec. 16.  Minnesota Statutes 1994, section 169.123, 
        subdivision 4, is amended to read: 
           Subd. 4.  [REFUSAL; REVOCATION OF LICENSE.] (a) If a person 
        refuses to permit a test, none shall be given, but the peace 
        officer shall report the refusal to the commissioner of public 
        safety and the authority having responsibility for prosecution 
        of misdemeanor offenses for the jurisdiction in which the acts 
        occurred.  However, if a peace officer has probable cause to 
        believe that the person has violated section 609.21, a test may 
        be required and obtained despite the person's refusal.  A 
        refusal to submit to an alcohol concentration test does not 
        constitute a violation of section 609.50, unless the refusal was 
        accompanied by force or violence or the threat of force or 
        violence.  
           (b) If a person submits to a test and the 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, or if a person 
        was driving, operating, or in physical control of a commercial 
        motor vehicle and the test results indicate an alcohol 
        concentration of 0.04 or more, the results of the test shall be 
        reported to the commissioner of public safety and to the 
        authority having responsibility for prosecution of misdemeanor 
        offenses for the jurisdiction in which the acts occurred. 
           (c) Upon certification by the peace officer that there 
        existed probable cause to believe the person had been driving, 
        operating, or in physical control of a motor vehicle while under 
        the influence of alcohol or a controlled substance in violation 
        of section 169.121 and that the person refused to submit to a 
        test, the commissioner of public safety shall revoke the 
        person's license or permit to drive, or nonresident operating 
        privilege, for a period of one year even if a test was obtained 
        pursuant to this section after the person refused to submit to 
        testing.  
           (d) Upon certification by the peace officer that there 
        existed probable cause to believe the person had been driving, 
        operating, or in physical control of a commercial motor vehicle 
        with the presence of any alcohol in violation of section 169.121 
        or 169.1211, and that the person refused to submit to a test, 
        the commissioner shall disqualify the person from operating a 
        commercial motor vehicle for a period of one year under section 
        171.165 and shall revoke the person's license or permit to drive 
        or nonresident operating privilege for a period of one year.  
           (e) Upon certification by the peace officer that there 
        existed probable cause to believe the person had been driving, 
        operating or in physical control of a motor vehicle while under 
        the influence of alcohol or a controlled substance in violation 
        of section 169.121 and that the person submitted to a test and 
        the test results indicate an alcohol concentration of 0.10 or 
        more or the presence of a controlled substance listed in 
        schedule I or II, other than marijuana or Tetrahydrocannabinols, 
        the commissioner of public safety shall revoke the person's 
        license or permit to drive, or nonresident operating privilege, 
           (1) for:  (1) a period of 90 days; or 
           (2) if the person is under the age of 21 years, for a 
        period of six months; or 
           (3) if the person's driver's license or driving privileges 
        have been revoked for a person with a prior impaired driving 
        conviction or prior license revocation within the past five 
        years under this section or section 169.121, for a period of 180 
        days.  
           (f) On certification by the peace officer that there 
        existed probable cause to believe the person had been driving, 
        operating, or in physical control of a commercial motor vehicle 
        with any presence of alcohol and that the person submitted to a 
        test and the test results indicated an alcohol concentration of 
        0.04 or more, the commissioner of public safety shall disqualify 
        the person from operating a commercial motor vehicle under 
        section 171.165.  
           (g) If the person is a resident without a license or permit 
        to operate a motor vehicle in this state, the commissioner of 
        public safety shall deny to the person the issuance of a license 
        or permit for the same period after the date of the alleged 
        violation as provided herein for revocation, subject to review 
        as hereinafter provided. 
           (h) As used in this subdivision, the terms "prior impaired 
        driving conviction" and "prior license revocation" have the 
        meanings given in section 169.121, subdivision 3, paragraph (a). 
           Sec. 17.  Minnesota Statutes 1994, section 169.123, 
        subdivision 6, is amended to read: 
           Subd. 6.  [HEARING.] (a) A hearing under this section shall 
        be before a municipal or county district judge, in any county in 
        the judicial district where the alleged offense occurred.  The 
        hearing shall be to the court and may be conducted at the same 
        time and in the same manner as hearings upon pretrial motions in 
        the criminal prosecution under section 169.121, if any.  The 
        hearing shall be recorded.  The commissioner of public safety 
        shall appear and be represented by the attorney general or 
        through the prosecuting authority for the jurisdiction involved. 
        The hearing shall be held at the earliest practicable date, and 
        in any event no later than 60 days following the filing of the 
        petition for review.  The judicial district administrator shall 
        establish procedures to ensure efficient compliance with the 
        provisions of this subdivision.  To accomplish this, the 
        administrator may, whenever possible, consolidate and transfer 
        review hearings among the county courts within the judicial 
        district.  
           (b) The scope of the hearing shall be limited to the issues 
        of in clauses (1) to (9): 
           (1) whether Did the peace officer had have probable cause 
        to believe the person was driving, operating, or in physical 
        control of: 
           (i) a motor vehicle while under the influence of alcohol or 
        a controlled substance, in violation of section 169.121; or 
           (ii) a commercial motor vehicle with any presence of 
        alcohol, and whether in violation of section 169.1211? 
           (2) Was the person was lawfully placed under arrest for 
        violation of section 169.121 or 169.1211, or? 
           (3) Was the person was involved in a motor vehicle accident 
        or collision resulting in property damage, personal injury or 
        death, or? 
           (4) Did the person refused refuse to take a screening test 
        provided for by section 169.121, subdivision 6, or? 
           (5) If the screening test was administered and recorded, 
        did the test indicate an alcohol concentration of 0.10 or more; 
        and? 
           (2) whether (6) At the time of the request for the test, 
        did the peace officer informed inform the person of the person's 
        rights and the consequences of taking or refusing the test as 
        required by subdivision 2; and? 
           (3) either (a) whether (7) Did the person refused refuse to 
        permit the test, or (b) whether? 
           (8) If a test was taken and: 
           (i) by a person driving, operating, or in physical control 
        of a motor vehicle, did the test results indicated indicate an 
        alcohol concentration of 0.10 or more at the time of testing, or 
        the presence of a controlled substance listed in schedule I or 
        II, other than marijuana or Tetrahydrocannabinols; or if a test 
        was taken 
           (ii) by a person driving, operating, or in physical control 
        of a commercial motor vehicle and, did the test results 
        indicated indicate an alcohol concentration of 0.04 or more at 
        the time of testing; whether? 
           (9) Was the testing method used was valid and reliable; and 
        whether were the test results were accurately evaluated.? 
           (c) It shall be an affirmative defense for the petitioner 
        to prove that, at the time of the refusal, the petitioner's 
        refusal to permit the test was based upon reasonable grounds. 
           (d) Certified or otherwise authenticated copies of 
        laboratory or medical personnel reports, records, documents, 
        licenses and certificates shall be admissible as substantive 
        evidence.  
           (e) The court shall order that the revocation or 
        disqualification be either rescinded or sustained and forward 
        the order to the commissioner of public safety.  The court shall 
        file its order within 14 days following the hearing.  If the 
        revocation or disqualification is sustained, the court shall 
        also forward the person's driver's license or permit to the 
        commissioner of public safety for further action by the 
        commissioner of public safety if the license or permit is not 
        already in the commissioner's possession. 
           Sec. 18.  Minnesota Statutes 1994, section 169.129, is 
        amended to read: 
           169.129 [AGGRAVATED VIOLATIONS; PENALTY.] 
           Any person is guilty of a gross misdemeanor who drives, 
        operates, or is in physical control of a motor vehicle, the 
        operation of which requires a driver's license, within this 
        state or upon the ice of any boundary water of this state in 
        violation of section 169.121 or an ordinance in conformity with 
        it before the person's driver's license or driver's privilege 
        has been reinstated following its cancellation, suspension, 
        revocation, or denial under any of the following:  section 
        169.121, 169.1211, or 169.123; section 171.04, 171.14, 171.16, 
        171.17, or 171.18 because of an alcohol-related incident; 
        section 609.21, subdivision 1, clauses (2) to (4) (6); 609.21, 
        subdivision 2, clauses (2) to (4) (6); 609.21, subdivision 2a, 
        clauses (2) to (4) (6); subdivision 2b, clauses (2) to (6); 
        609.21, subdivision 3, clauses (2) to (4) (6); or 609.21, 
        subdivision 4, clauses (2) to (4) (6).  
           The attorney in the jurisdiction in which the violation of 
        this section occurred who is responsible for prosecution of 
        misdemeanor violations of section 169.121 shall also be 
        responsible for prosecution of violations of this section. 
           Sec. 19.  Minnesota Statutes 1994, section 169.791, is 
        amended by adding a subdivision to read: 
           Subd. 5a.  [CONSECUTIVE SENTENCES.] The court may impose 
        consecutive sentences for offenses arising out of a single 
        course of conduct as permitted in section 609.035, subdivision 2.
           Sec. 20.  Minnesota Statutes 1994, section 169.797, 
        subdivision 4, is amended to read: 
           Subd. 4.  [PENALTY.] (a) A person who violates this section 
        is guilty of a misdemeanor.  A person is guilty of a gross 
        misdemeanor who violates this section within ten years of the 
        first of two prior convictions under this section, section 
        169.791, or a statute or ordinance in conformity with one of 
        those sections.  The operator of a vehicle who violates 
        subdivision 3 and who causes or contributes to causing a vehicle 
        accident that results in the death of any person or in 
        substantial bodily harm to any person, as defined in section 
        609.02, subdivision 7a, is guilty of a gross misdemeanor.  The 
        same prosecuting authority who is responsible for prosecuting 
        misdemeanor violations of this section is responsible for 
        prosecuting gross misdemeanor violations of this section.  In 
        addition to any sentence of imprisonment that the court may 
        impose on a person convicted of violating this section, the 
        court shall impose a fine of not less than $200 nor more than 
        the maximum amount authorized by law.  The court may allow 
        community service in lieu of any fine imposed if the defendant 
        is indigent. 
           (b) The court may impose consecutive sentences for offenses 
        arising out of a single course of conduct as permitted in 
        section 609.035, subdivision 2. 
           (c) In addition to the criminal penalty, the driver's 
        license of an operator convicted under this section shall be 
        revoked for not more than 12 months.  If the operator is also an 
        owner of the vehicle, the registration of the vehicle shall also 
        be revoked for not more than 12 months.  Before reinstatement of 
        a driver's license or registration, the operator shall file with 
        the commissioner of public safety the written certificate of an 
        insurance carrier authorized to do business in this state 
        stating that security has been provided by the operator as 
        required by section 65B.48. 
           (c) (d) The commissioner shall include a notice of the 
        penalties contained in this section on all forms for 
        registration of vehicles required to maintain a plan of 
        reparation security. 
           Sec. 21.  Minnesota Statutes 1995 Supplement, section 
        171.18, subdivision 1, is amended to read: 
           Subdivision 1.  [OFFENSES.] The commissioner may suspend 
        the license of a driver without preliminary hearing upon a 
        showing by department records or other sufficient evidence that 
        the licensee: 
           (1) has committed an offense for which mandatory revocation 
        of license is required upon conviction; 
           (2) has been convicted by a court for violating a provision 
        of chapter 169 or an ordinance regulating traffic and department 
        records show that the violation contributed in causing an 
        accident resulting in the death or personal injury of another, 
        or serious property damage; 
           (3) is an habitually reckless or negligent driver of a 
        motor vehicle; 
           (4) is an habitual violator of the traffic laws; 
           (5) is incompetent to drive a motor vehicle as determined 
        in a judicial proceeding; 
           (6) has permitted an unlawful or fraudulent use of the 
        license; 
           (7) has committed an offense in another state that, if 
        committed in this state, would be grounds for suspension; 
           (8) has committed a violation of section 169.444, 
        subdivision 2, paragraph (a), within five years of a prior 
        conviction under that section; 
           (9) has committed a violation of section 171.22, except 
        that the commissioner may not suspend a person's driver's 
        license based solely on the fact that the person possessed a 
        fictitious or fraudulently altered Minnesota identification 
        card; 
           (10) has failed to appear in court as provided in section 
        169.92, subdivision 4; or 
           (11) has failed to report a medical condition that, if 
        reported, would have resulted in cancellation of driving 
        privileges; or 
           (12) has been found to have committed an offense under 
        section 169.1218, paragraph (a). 
           However, an action taken by the commissioner under clause 
        (2) or (5) must conform to the recommendation of the court when 
        made in connection with the prosecution of the licensee. 
           Sec. 22.  Minnesota Statutes 1994, section 171.30, is 
        amended by adding a subdivision to read: 
           Subd. 2b.  [WAITING PERIODS FOR YOUTH UNDER 18.] If a 
        person whose driver's license was suspended or revoked for a 
        violation listed under subdivision 2 or 2a is under the age of 
        18 years at the time of that violation, the commissioner shall 
        not issue a limited license to the person for a period of time 
        that is the longest of:  (1) 90 days; or (2) twice the length of 
        the period specified for that violation in subdivision 2 or 2a. 
           Sec. 23.  [171.302] [LICENSE VIOLATIONS; CONSECUTIVE 
        SENTENCING.] 
           When sentencing an offender for violating section 171.20, 
        subdivision 2; 171.24; or 171.30, the court may impose 
        consecutive sentences for offenses arising out of a single 
        course of conduct as permitted in section 609.035, subdivision 2.
           Sec. 24.  Minnesota Statutes 1995 Supplement, section 
        340A.503, subdivision 1, is amended to read: 
           Subdivision 1.  [CONSUMPTION.] (a) It is unlawful for any: 
           (1) retail intoxicating liquor or nonintoxicating liquor 
        licensee, municipal liquor store, or bottle club permit holder 
        under section 340A.414, to permit any person under the age of 21 
        years to drink alcoholic beverages on the licensed premises or 
        within the municipal liquor store; or 
           (2) person under the age of 21 years to consume any 
        alcoholic beverages.  If proven by a preponderance of the 
        evidence, it is an affirmative defense to a violation of this 
        clause that the defendant consumed the alcoholic beverage in the 
        household of the defendant's parent or guardian and with the 
        consent of the parent or guardian.  
           (b) An offense under paragraph (a), clause (2), may be 
        prosecuted either at the place in the jurisdiction where 
        consumption occurs or the place jurisdiction where evidence of 
        consumption is observed. 
           (c) When a person is convicted of or adjudicated for an 
        offense under paragraph (a), clause (2), the court shall 
        determine whether the person consumed the alcohol while 
        operating a motor vehicle.  If so, the court shall notify the 
        commissioner of public safety of its determination.  Upon 
        receipt of the court's determination, the commissioner shall 
        suspend the person's driver's license or operating privileges 
        for 30 days, or for 180 days if the person has previously been 
        convicted of or adjudicated for an offense under paragraph (a), 
        clause (2).  
           (d) As used in this subdivision, "consume" includes the 
        ingestion of an alcoholic beverage and the physical condition of 
        having ingested an alcoholic beverage. 
           Sec. 25.  Minnesota Statutes 1994, section 360.0752, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITION DEFINITIONS.] As used in this 
        section and section 360.0753,: 
           (1) "operate" includes the acts of all crew members with 
        responsibility to operate the aircraft; 
           (2) "controlled substance" has the meaning given in section 
        152.01, subdivision 4; and 
           (3) "hazardous substance" means any chemical or chemical 
        compound that is listed as a hazardous substance in rules 
        adopted under chapter 182. 
           Sec. 26.  Minnesota Statutes 1994, section 360.0752, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CRIME; ACTS PROHIBITED.] (a) It is a crime for 
        any person to operate or attempt to operate an aircraft on or 
        over land or water within this state or over any boundary water 
        of this state under any of the following conditions: 
           (a) (1) when the person is under the influence of alcohol; 
           (b) (2) when the person is under the influence of a 
        controlled substance, as defined in section 152.01, subdivision 
        4; 
           (c) (3) when the person is under the influence of a 
        combination of any two or more of the elements named in 
        clauses (a), (b) (1), (2), and (f) (6); 
           (d) (4) when the person's alcohol concentration is 0.04 or 
        more; 
           (e) (5) when the person's alcohol concentration as measured 
        within two hours of the time of operation or attempted operation 
        is 0.04 or more; 
           (f) (6) when the person is knowingly under the influence of 
        any chemical compound or combination of chemical compounds that 
        is listed as a hazardous substance in rules adopted under 
        section 182.655 and that affects the nervous system, brain, or 
        muscles of the person so as to substantially impair the person's 
        ability to operate the aircraft; or 
           (g) (7) when the person's body contains any amount of a 
        controlled substance listed in schedule I or II, other than 
        marijuana or Tetrahydrocannabinols; or 
           (8) within eight hours of having consumed any alcoholic 
        beverage or used any controlled substance.  
           (b) If proven by a preponderance of the evidence, it shall 
        be an affirmative defense to a violation of paragraph (a), 
        clause (7), 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. 
           Sec. 27.  Minnesota Statutes 1994, section 360.0752, 
        subdivision 5, is amended to read: 
           Subd. 5.  [EVIDENCE.] Upon the trial of any prosecution 
        arising out of acts alleged to have been committed by any person 
        arrested for operating or attempting to operate an aircraft in 
        violation of subdivision 2, the court may admit evidence of the 
        presence or amount of alcohol or a, controlled substance 
        substances, or hazardous substances in the person's blood, 
        breath, or urine as shown by an analysis of those items.  
           Evidence of the refusal to take a test is admissible into 
        evidence in a prosecution under this section.  
           If proven by a preponderance of the evidence, it shall be 
        an affirmative defense to a violation of subdivision 2, clause 
        (e) (5), 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 0.04; provided, that this 
        evidence may not be admitted unless notice is given to the 
        prosecution prior to the omnibus or pretrial hearing in the 
        matter.  
           The foregoing provisions do not limit the introduction of 
        any other competent evidence bearing upon the question whether 
        or not the person violated this section, including tests 
        obtained more than two hours after the alleged violation and 
        results obtained from partial tests on an infrared 
        breath-testing instrument.  A result from a partial test is the 
        measurement obtained by analyzing one adequate breath sample, as 
        defined in section 360.0753, subdivision 4, paragraph (b).  
           Sec. 28.  Minnesota Statutes 1994, section 360.0752, 
        subdivision 6, is amended to read: 
           Subd. 6.  [CRIMINAL PENALTIES.] (a) A person who violates 
        subdivision 2, paragraph (a), clause (g); (8), or subdivision 3, 
        is guilty of a misdemeanor.  
           (b) A person who violates subdivision 2, paragraph (a), 
        clauses (a) to (f), (1) to (7), or subdivision 2a, is guilty of 
        a gross misdemeanor. 
           (c) The attorney in the jurisdiction in which the violation 
        occurred who is responsible for prosecution of misdemeanor 
        violations shall also be responsible for prosecution of gross 
        misdemeanor violations of this section. 
           Sec. 29.  Minnesota Statutes 1994, section 360.0752, 
        subdivision 7, is amended to read: 
           Subd. 7.  [PRELIMINARY SCREENING TEST.] When a peace 
        officer has reason to believe that a person may be violating or 
        has violated subdivision 2, the officer may require the person 
        to provide a sample of the person's breath for a preliminary 
        screening test using a device approved by the commissioner of 
        public safety or the commissioner of transportation for this 
        purpose.  The results of this preliminary screening test shall 
        be used for the purpose of deciding whether to require the tests 
        authorized in section 360.0753, but shall not be used in any 
        court action except to prove that a test was properly required 
        of a person pursuant to section 360.0753.  Following the 
        screening test, additional tests may be required of the person 
        pursuant to the provisions of section 360.0753.  
           A person who refuses to furnish a sample of the person's 
        breath is subject to the provisions of section 360.0753 unless, 
        in compliance with section 360.0753, the person submits to a 
        blood, breath, or urine test to determine the presence or amount 
        of alcohol or a, controlled substance substances, or hazardous 
        substances.  
           Sec. 30.  Minnesota Statutes 1994, section 360.0753, 
        subdivision 2, is amended to read: 
           Subd. 2.  [IMPLIED CONSENT; CONDITIONS; ELECTION AS TO TYPE 
        OF TEST.] (a) Any person who operates or attempts to operate an 
        aircraft in or over this state or over any boundary water of 
        this state consents, subject to the provisions of this section 
        and section 360.0752, to a chemical test of that person's blood, 
        breath, or urine for the purpose of determining the presence or 
        amount of alcohol or a, controlled substance substances, or 
        hazardous substances.  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 operating or attempting to operate an aircraft in violation 
        of section 360.0752 and one of the following conditions exists:  
           (1) the person has been lawfully placed under arrest for 
        violation of section 360.0752; 
           (2) the person has been involved in an aircraft 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 360.0752; 
           (4) the screening test was administered and recorded an 
        alcohol concentration of 0.04 or more or the presence of a 
        controlled substance listed in schedule I or II other than 
        marijuana or Tetrahydrocannabinols; or 
           (5) the officer had probable cause to believe that the 
        person was operating or attempting to operate an aircraft with 
        any amount of alcohol present in the person's body.  
           (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 the presence or amount of alcohol or a controlled 
        substance listed in schedule I or II other than marijuana or 
        Tetrahydrocannabinols, or to determine if the person is under 
        the influence of alcohol or a, controlled substance substances, 
        or hazardous substances; 
           (2) that whether a test is taken or refused, the person may 
        be subject to criminal prosecution for an alcohol or, controlled 
        substance, or hazardous substance related offense relating to 
        the operation of an aircraft; 
           (3) that if testing is refused, the person may be subject 
        to criminal prosecution because the person refused testing and 
        the person will be disqualified from operating an aircraft for a 
        minimum period of one year; 
           (4) 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 
           (5) 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.  
           (c) The peace officer who requires a test pursuant to this 
        subdivision may direct whether the test shall be of blood, 
        breath, or urine.  Action may be taken against a person who 
        refuses to take a blood test only if an alternative test was 
        offered, and action may be taken against a person who refuses to 
        take a urine test only if an alternative test was offered.  
           Sec. 31.  Minnesota Statutes 1994, section 360.0753, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REQUIREMENT OF URINE OR BLOOD TEST.] 
        Notwithstanding subdivision 2, 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, a urine; or blood test may be 
        required even 
         after a breath test has been administered (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.  
           Sec. 32.  Minnesota Statutes 1994, section 360.0753, 
        subdivision 6, is amended to read: 
           Subd. 6.  [MANNER OF MAKING TEST; ADDITIONAL TESTS.] (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 or amount of alcohol or, controlled substance 
        substances, or hazardous substances.  This limitation does not 
        apply to the taking of a breath or urine sample.  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. 
           (b) The failure or inability to obtain an additional test 
        or tests by a person shall 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 alcohol the presence or concentration of alcohol, 
        controlled substances, or hazardous substances shall in no 
        manner be liable in any civil or criminal action except for 
        negligence in drawing the blood.  The person administering a 
        breath test shall be fully trained in the administration of 
        breath tests pursuant to training given by the commissioner of 
        public safety or the commissioner of transportation. 
           Sec. 33.  Minnesota Statutes 1994, section 609.21, is 
        amended to read: 
           609.21 [CRIMINAL VEHICULAR HOMICIDE AND INJURY.] 
           Subdivision 1.  [CRIMINAL VEHICULAR HOMICIDE.] Whoever A 
        person is guilty of criminal vehicular homicide resulting in 
        death and may be sentenced to imprisonment for not more than ten 
        years or to payment of a fine of not more than $20,000, or both, 
        if the person causes the death of a human being not constituting 
        murder or manslaughter as a result of operating a motor vehicle,:
           (1) in a grossly negligent manner; 
           (2) in a negligent manner while under the influence of: 
           (i) alcohol,; 
           (ii) a controlled substance,; or 
           (iii) any combination of those elements; 
           (3) while having an alcohol concentration of 0.10 or more; 
        or 
           (4) while having an alcohol concentration of 0.10 or more, 
        as measured within two hours of the time of driving; 
           (5) in a negligent manner while knowingly under the 
        influence of a hazardous substance; 
           (6) in a negligent manner while any amount of a controlled 
        substance listed in schedule I or II, other than marijuana or 
        Tetrahydrocannabinols, is present in the person's body, 
        is guilty of criminal vehicular homicide resulting in death and 
        may be sentenced to imprisonment for not more than ten years or 
        to payment of a fine of not more than $20,000, or both; or 
           (7) where the driver who causes the accident leaves the 
        scene of the accident in violation of section 169.09, 
        subdivision 1 or 6. 
           Subd. 2.  [RESULTING IN GREAT BODILY HARM.] Whoever A 
        person is guilty of criminal vehicular operation resulting in 
        great bodily harm and may be sentenced to imprisonment for not 
        more than five years or to payment of a fine of not more than 
        $10,000, or both, if the person causes great bodily harm to 
        another, not constituting attempted murder or assault, as a 
        result of operating a motor vehicle,: 
           (1) in a grossly negligent manner; 
           (2) in a negligent manner while under the influence of: 
           (i) alcohol,; 
           (ii) a controlled substance,; or 
           (iii) any combination of those elements; 
           (3) while having an alcohol concentration of 0.10 or more; 
        or 
           (4) while having an alcohol concentration of 0.10 or more, 
        as measured within two hours of the time of driving; 
           (5) in a negligent manner while knowingly under the 
        influence of a hazardous substance; 
           (6) in a negligent manner while any amount of a controlled 
        substance listed in schedule I or II, other than marijuana or 
        Tetrahydrocannabinols, is present in the person's body, 
        is guilty of criminal vehicular operation resulting in great 
        bodily harm and may be sentenced to imprisonment for not more 
        than five years or to payment of a fine of not more than 
        $10,000, or both; or 
           (7) where the driver who causes the accident leaves the 
        scene of the accident in violation of section 169.09, 
        subdivision 1 or 6. 
           Subd. 2a.  [RESULTING IN SUBSTANTIAL BODILY HARM.] Whoever 
        A person is guilty of criminal vehicular operation resulting in 
        substantial bodily harm and may be sentenced to imprisonment of 
        not more than three years or to payment of a fine of not more 
        than $10,000, or both, if the person causes substantial bodily 
        harm to another, as a result of operating a motor vehicle,; 
           (1) in a grossly negligent manner; 
           (2) in a negligent manner while under the influence of: 
           (i) alcohol,; 
           (ii) a controlled substance,; or 
           (iii) any combination of those elements; 
           (3) while having an alcohol concentration of 0.10 or more; 
        or 
           (4) while having an alcohol concentration of 0.10 or more, 
        as measured within two hours of the time of driving; 
           (5) in a negligent manner while knowingly under the 
        influence of a hazardous substance; 
           (6) in a negligent manner while any amount of a controlled 
        substance listed in schedule I or II, other than marijuana or 
        Tetrahydrocannabinols, is present in the person's body, 
        is guilty of criminal vehicular operation resulting in 
        substantial bodily harm and may be sentenced to imprisonment for 
        not more than three years or to payment of a fine of not more 
        than $10,000, or both; or 
           (7) where the driver who causes the accident leaves the 
        scene of the accident in violation of section 169.09, 
        subdivision 1 or 6. 
           Subd. 2b.  [RESULTING IN BODILY HARM.] A person is guilty 
        of criminal vehicular operation resulting in bodily harm and 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, if the 
        person causes bodily harm to another, as a result of operating a 
        motor vehicle: 
           (1) in a grossly negligent manner; 
           (2) in a negligent manner while under the influence of: 
           (i) alcohol; 
           (ii) a controlled substance; or 
           (iii) any combination of those elements; 
           (3) while having an alcohol concentration of 0.10 or more; 
           (4) while having an alcohol concentration of 0.10 or more, 
        as measured within two hours of the time of driving; 
           (5) in a negligent manner while knowingly under the 
        influence of a hazardous substance; 
           (6) in a negligent manner while any amount of a controlled 
        substance listed in schedule I or II, other than marijuana or 
        Tetrahydrocannabinols, is present in the person's body; or 
           (7) where the driver who causes the accident leaves the 
        scene of the accident in violation of section 169.09, 
        subdivision 1 or 6. 
           Subd. 3.  [RESULTING IN DEATH TO AN UNBORN CHILD.] Whoever 
        A person is guilty of criminal vehicular operation resulting in 
        death to an unborn child and may be sentenced to imprisonment 
        for not more than ten years or to payment of a fine of not more 
        than $20,000, or both, if the person causes the death of an 
        unborn child as a result of operating a motor vehicle,: 
           (1) in a grossly negligent manner; 
           (2) in a negligent manner while under the influence of: 
           (i) alcohol,; 
           (ii) a controlled substance,; or 
           (iii) any combination of those elements; 
           (3) while having an alcohol concentration of 0.10 or more; 
        or 
           (4) while having an alcohol concentration of 0.10 or more, 
        as measured within two hours of the time of driving; 
           (5) in a negligent manner while knowingly under the 
        influence of a hazardous substance; 
           (6) in a negligent manner while any amount of a controlled 
        substance listed in schedule I or II, other than marijuana or 
        Tetrahydrocannabinols, is present in the person's body, 
        is guilty of criminal vehicular operation resulting in death to 
        an unborn child and may be sentenced to imprisonment for not 
        more than ten years or to payment of a fine of not more than 
        $20,000, or both; or 
           (7) where the driver who causes the accident leaves the 
        scene of the accident in violation of section 169.09, 
        subdivision 1 or 6.  
           A prosecution for or conviction of a crime under this 
        subdivision is not a bar to conviction of or punishment for any 
        other crime committed by the defendant as part of the same 
        conduct. 
           Subd. 4.  [RESULTING IN INJURY TO UNBORN CHILD.] Whoever A 
        person is guilty of criminal vehicular operation resulting in 
        injury to an unborn child and may be sentenced to imprisonment 
        for not more than five years or to payment of a fine of not more 
        than $10,000, or both, if the person causes great bodily harm to 
        an unborn child who is subsequently born alive, as a result of 
        operating a motor vehicle,: 
           (1) in a grossly negligent manner; 
           (2) in a negligent manner while under the influence of:  
           (i) alcohol,; 
           (ii) a controlled substance,; or 
           (iii) any combination of those elements; 
           (3) while having an alcohol concentration of 0.10 or more; 
        or 
           (4) while having an alcohol concentration of 0.10 or more, 
        as measured within two hours of the time of driving; 
           (5) in a negligent manner while knowingly under the 
        influence of a hazardous substance; 
           (6) in a negligent manner while any amount of a controlled 
        substance listed in schedule I or II, other than marijuana or 
        Tetrahydrocannabinols, is present in the person's body, 
        is guilty of criminal vehicular operation resulting in injury to 
        an unborn child and may be sentenced to imprisonment for not 
        more than five years or to payment of a fine of not more than 
        $10,000, or both; or 
           (7) where the driver who causes the accident leaves the 
        scene of the accident in violation of section 169.09, 
        subdivision 1 or 6.  
           A prosecution for or conviction of a crime under this 
        subdivision is not a bar to conviction of or punishment for any 
        other crime committed by the defendant as part of the same 
        conduct. 
           Subd. 4a.  [AFFIRMATIVE DEFENSE.] It shall be an 
        affirmative defense to a charge under subdivisions 1, clause 
        (6); 2, clause (6); 2a, clause (6); 2b, clause (6); 3, clause 
        (6); or 4, clause (6), 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. 
           Subd. 5.  [DEFINITION DEFINITIONS.] For purposes of this 
        section, the terms defined in this subdivision have the meanings 
        given them. 
           (a) "Motor vehicle" has the meaning given in section 
        609.52, subdivision 1. 
           (b) "Controlled substance" has the meaning given in section 
        152.01, subdivision 4. 
           (c) "Hazardous substance" means any chemical or chemical 
        compound that is listed as a hazardous substance in rules 
        adopted under chapter 182. 
           Sec. 34.  Minnesota Statutes 1994, section 629.471, 
        subdivision 2, is amended to read: 
           Subd. 2.  [QUADRUPLE THE FINE.] (a) For offenses under 
        sections 169.09, 169.121, 169.129, 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, the court must 
        impose maximum bail when releasing a person from detention who 
        has been charged with violating section 169.121, subdivision 1, 
        if the person has three 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. 
           Sec. 35.  [DRUG RECOGNITION TRAINING FOR PEACE OFFICERS; 
        REPORT.] 
           (a) For purposes of this section, the following terms have 
        the meanings given them: 
           (1) "drug" has the meaning given in Minnesota Statutes, 
        section 151.01, subdivision 5; 
           (2) "drug recognition expert" means a peace officer who is 
        certified by the International Association of Chiefs of Police 
        to conduct the 12-step drug evaluation and classification 
        process; and 
           (3) "12-step drug evaluation and classification process" 
        means the systematic, standardized investigative procedure 
        defined by the National Highway Traffic Safety Administration 
        that is used to determine whether a driver is impaired, whether 
        the impairment relates to drugs or a medical condition and, if 
        drug related, the category of drugs likely to have caused the 
        impairment. 
           (b) The board of peace officer standards and training, in 
        consultation with the department of public safety, the Minnesota 
        state patrol, the Minnesota chiefs of police, the Minnesota 
        sheriffs' association, and the National Highway Traffic Safety 
        Administration, shall develop a plan for requiring drug 
        recognition training for peace officers.  The goals of the plan 
        are: 
           (1) to ensure that peace officers employed in traffic 
        patrol activities are educated about the need to use a certified 
        drug recognition expert to evaluate a person whom the officer 
        reasonably suspects has been driving while impaired by drugs; 
           (2) to ensure that a sufficient number of peace officers 
        are certified as drug recognition experts; and 
           (3) to ensure that drug recognition experts are available 
        statewide at all time periods to evaluate suspected 
        drug-impaired drivers. 
           (c) To accomplish paragraph (b), clause (1), the plan must 
        consider the feasibility of making a basic level of drug 
        recognition training a mandatory requirement for all new peace 
        officer candidates and an in-service option for current peace 
        officers. 
           (d) To the extent practicable, the plan must present 
        alternative training requirement scenarios and timetables 
        associated with different levels of training resources.  The 
        board shall report this plan to the legislature by January 16, 
        1997.  
           Sec. 36.  [APPROPRIATION.] 
           Subdivision 1.  [PUBLIC SAFETY.] (a) $14,000 is 
        appropriated to the commissioner of public safety from the 
        highway user tax distribution fund for the fiscal year ending 
        June 30, 1997 for license plate impoundments and special 
        registration plates under Minnesota Statutes, section 168.042, 
        subdivision 8. 
           (b) $65,000 is appropriated to the commissioner of public 
        safety from the trunk highway fund for the fiscal year ending 
        June 30, 1997 for license plate impoundments and special 
        registration plates under Minnesota Statutes, section 168.042, 
        subdivision 8. 
           (c) $5,000 is appropriated to the commissioner of public 
        safety from the trunk highway fund for the fiscal year ending 
        June 30, 1997 for DWI license revocation cross referencing under 
        sections 9 and 16. 
           Subd. 2.  [BOARD OF PEACE OFFICER STANDARDS AND TRAINING.] 
        $5,000 is appropriated to the board of peace officer standards 
        and training from the trunk highway fund for the fiscal year 
        ending June 30, 1997 to develop the plan for requiring drug 
        recognition training for peace officers under section 35. 
           Sec. 37.  [EFFECTIVE DATES.] 
           (a) Section 35 is effective the day after final enactment. 
           (b) Sections 1 to 4; 6; 7, paragraphs (a) to (d) and (f); 
        8; 10 to 12; 15; 18 to 24; and 34 are effective August 1, 1996, 
        for crimes committed on or after that date. 
           (c) Sections 5; 7, paragraph (e); 9; 13; 14; 16; 17; and 25 
        to 33, are effective August 1, 1997, for crimes committed on or 
        after that date. 
           (d) Section 33 is effective August 1, 1996, for crimes 
        committed on or after that date, except that subdivisions 1, 
        clause (6); 2, clause (6); 2a, clause (6); 2b, clause (6); 3, 
        clause (6); and 4, clause (6), are effective August 1, 1997, for 
        crimes committed on or after that date. 
           (e) The commissioner of public safety may consider 
        violations occurring before August 1, 1997, as prior impaired 
        driving convictions or prior license revocations under sections 
        9 and 16, except that violations of Minnesota Statutes, section 
        84.91 or 86B.331 occurring before August 1, 1994, may not be so 
        considered. 
           (f) Notwithstanding Minnesota Statutes, section 645.26, 
        subdivision 3, if appropriations for the same purposes as those 
        described in section 36, subdivision 1, paragraphs (a) and (b) 
        are enacted by another law during the 1996 legislative session, 
        then section 36, subdivision 1, paragraphs (a) and (b) shall not 
        take effect. 
           Presented to the governor April 4, 1996 
           Signed by the governor April 11, 1996, 11:54 a.m.

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