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2000 Minnesota Session Laws

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                            CHAPTER 478-S.F.No. 2677 
                  An act relating to crime prevention; recodifying the 
                  driving while impaired crimes and related provisions; 
                  making numerous clarifying, technical, and substantive 
                  changes and additions in the pursuit of 
                  simplification; imposing criminal penalties; amending 
                  Minnesota Statutes 1998, sections 171.305, as amended; 
                  and 629.471; Minnesota Statutes 1999 Supplement, 
                  sections 260B.171, subdivision 7; 260B.225, 
                  subdivision 4; and 609.035, subdivision 2; proposing 
                  coding for new law as Minnesota Statutes, chapter 
                  169A; repealing Minnesota Statutes 1998, sections 
                  168.042; 169.01, subdivisions 61, 68, 82, 83, 86, 87, 
                  88, and 89; 169.121, subdivisions 1, 1a, 1b, 1d, 2, 
                  3b, 3c, 5, 5a, 5b, 6, 7, 8, 9, 10, 10a, 11, and 12; 
                  169.1211; 169.1215; 169.1216; 169.1217, subdivisions 
                  2, 3, 4, 5, 6, and 8; 169.1218; 169.1219; 169.122, 
                  subdivisions 1, 2, 3, and 4; 169.123, subdivisions 2, 
                  2a, 2b, 2c, 3, 4, 5, 5a, 5b, 6, 7, 8, and 10; 169.124; 
                  169.125; 169.126; 169.1261; 169.1265; 169.128; and 
                  169.129, subdivision 3; Minnesota Statutes 1999 
                  Supplement, sections 169.121, subdivisions 1c, 3, 3d, 
                  3f, and 4; 169.1217, subdivisions 1, 7, 7a, and 9; 
                  169.122, subdivision 5; 169.123, subdivisions 1 and 
                  5c; and 169.129, subdivision 1; Minnesota Rules, parts 
                  7409.3700; 7409.3710; 7409.3720; 7409.3730; 7409.3740; 
                  7409.3750; 7409.3760; and 7409.3770. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                   ARTICLE 1 
                                  CHAPTER 169A 
                            DRIVING WHILE IMPAIRED; 
                     CRIMINAL AND ADMINISTRATIVE SANCTIONS 
                               GENERAL PROVISIONS
           Section 1.  [169A.01] [CITATION; APPLICATION.] 
           Subdivision 1.  [CITATION.] This chapter may be cited as 
        the Minnesota Impaired Driving Code. [new] 
           Subd. 2.  [APPLICATION.] Unless otherwise indicated, the 
        provisions of this chapter apply to any person who drives, 
        operates, or is in physical control of a motor vehicle within 
        this state or on any boundary water of this state.  The 
        provisions of this chapter are applicable and uniform throughout 
        the state and in all its political subdivisions and 
        municipalities. [169.02 and 169.022] 
           Subd. 3.  [LOCAL ORDINANCES.] No local authority may enact 
        or enforce any rule or regulation that conflicts with a 
        provision of this chapter unless expressly authorized to do so 
        in this chapter.  Local authorities may adopt traffic 
        regulations that do not conflict with the provisions of this 
        chapter.  However, if any local ordinance regulating traffic 
        covers the same subject for which a penalty is provided for in 
        this chapter, the penalty provided for the violation of the 
        local ordinance must be identical to the penalty provided for in 
        this chapter for the same offense. [169.022] 
           Sec. 2.  [169A.03] [DEFINITIONS.] [various] 
           Subdivision 1.  [SCOPE.] (a) As used in this chapter, 
        unless the context clearly indicates otherwise, the terms 
        defined in this section have the meanings given. 
           (b) If a term defined in section 169.01, but not defined in 
        this chapter, is used in this chapter, the term has the meaning 
        given in section 169.01, unless the context clearly indicates 
        otherwise. 
           Subd. 2.  [ALCOHOL CONCENTRATION.] "Alcohol concentration" 
        means: 
           (1) the number of grams of alcohol per 100 milliliters of 
        blood; 
           (2) the number of grams of alcohol per 210 liters of 
        breath; or 
           (3) the number of grams of alcohol per 67 milliliters of 
        urine. 
           Subd. 3.  [AGGRAVATING FACTOR.] "Aggravating factor" 
        includes: 
           (1) a qualified prior impaired driving incident within the 
        ten years immediately preceding the current offense; 
           (2) having an alcohol concentration of 0.20 or more as 
        measured at the time, or within two hours of the time, of the 
        offense; or 
           (3) having a child under the age of 16 in the vehicle at 
        the time of the offense if the child is more than 36 months 
        younger than the offender. 
           Subd. 4.  [COMMERCIAL MOTOR VEHICLE.] "Commercial motor 
        vehicle" has the meaning given in section 169.01, subdivision 75.
           Subd. 5.  [COMMISSIONER.] "Commissioner" means the 
        commissioner of public safety or a designee. 
           Subd. 6.  [CONTROLLED SUBSTANCE.] "Controlled substance" 
        has the meaning given in section 152.01, subdivision 4. 
           Subd. 7.  [DRIVER.] "Driver" has the meaning given in 
        section 169.01, subdivision 25. 
           Subd. 8.  [GROSS MISDEMEANOR.] "Gross misdemeanor" means a 
        crime for which a person may be sentenced to imprisonment for 
        not more than one year, or to payment of a fine of not more than 
        $3,000, or both. 
           Subd. 9.  [HAZARDOUS SUBSTANCE.] "Hazardous substance" 
        means any chemical or chemical compound that is listed as a 
        hazardous substance in rules adopted under chapter 182 
        (occupational safety and health). 
           Subd. 10.  [HEAD START BUS.] "Head Start bus" has the 
        meaning given in section 169.01, subdivision 80. 
           Subd. 11.  [INFRARED BREATH-TESTING INSTRUMENT.] "Infrared 
        breath-testing instrument" means a breath-testing instrument 
        that employs infrared technology and has been approved by the 
        commissioner of public safety for determining alcohol 
        concentration.  
           Subd. 12.  [MISDEMEANOR.] "Misdemeanor" means a crime for 
        which a person may be sentenced to imprisonment for not more 
        than 90 days, or to payment of a fine of not more than $700, or 
        both. 
           Subd. 13.  [MOTORBOAT.] "Motorboat" has the meaning given 
        in section 86B.005, subdivision 9. 
           Subd. 14.  [MOTORBOAT IN OPERATION.] "Motorboat in 
        operation" does not include a motorboat that is anchored, 
        beached, or securely fastened to a dock or other permanent 
        mooring or a motorboat that is being rowed or propelled by other 
        than mechanical means. 
           Subd. 15.  [MOTOR VEHICLE.] "Motor vehicle" means every 
        vehicle that is self-propelled and every vehicle that is 
        propelled by electric power obtained from overhead trolley 
        wires.  The term includes motorboats in operation and off-road 
        recreational vehicles, but does not include a vehicle moved 
        solely by human power. 
           Subd. 16.  [OFF-ROAD RECREATIONAL VEHICLE.] "Off-road 
        recreational vehicle" means an off-highway motorcycle as defined 
        in section 84.787, subdivision 7; off-road vehicle as defined in 
        section 84.797, subdivision 7; snowmobile as defined in section 
        84.81, subdivision 3; and all-terrain vehicle as defined in 
        section 84.92, subdivision 8. 
           Subd. 17.  [OWNER.] "Owner" has the meaning given in 
        section 169.01, subdivision 26. 
           Subd. 18.  [PEACE OFFICER.] "Peace officer" means: 
           (1) a state patrol officer; 
           (2) University of Minnesota peace officer; 
           (3) a constable as defined in section 367.40, subdivision 
        3; 
           (4) police officer of any municipality, including towns 
        having powers under section 368.01, or county; and 
           (5) for purposes of violations of this chapter in or on an 
        off-road recreational vehicle or motorboat, or for violations of 
        section 97B.065 or 97B.066, a state conservation officer. 
           Subd. 19.  [POLICE OFFICER.] "Police officer" has the 
        meaning given in section 169.01, subdivision 27. 
           Subd. 20.  [PRIOR IMPAIRED DRIVING CONVICTION.] "Prior 
        impaired driving conviction" includes a prior conviction under: 
           (1) section 169A.20 (driving while impaired); 169A.31 
        (alcohol-related school bus or Head Start bus driving); or 
        360.0752 (impaired aircraft operation); 
           (2) section 609.21 (criminal vehicular homicide and injury, 
        substance-related offenses), subdivision 1, clauses (2) to (6); 
        subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
        to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
        clauses (2) to (6); or subdivision 4, clauses (2) to (6); 
           (3) Minnesota Statutes 1998, section 169.121 (driver under 
        influence of alcohol or controlled substance); 169.1211 
        (alcohol-related driving by commercial vehicle drivers); or 
        169.129 (aggravated DWI-related violations; penalty); 
           (4) Minnesota Statutes 1996, section 84.91, subdivision 1, 
        paragraph (a) (operating snowmobile or all-terrain vehicle while 
        impaired); or 86B.331, subdivision 1, paragraph (a) (operating 
        motorboat while impaired); or 
           (5) an ordinance from this state, or a statute or ordinance 
        from another state, in conformity with any provision listed in 
        clause (1), (2), (3), or (4). 
        A "prior impaired driving conviction" also includes a prior 
        juvenile adjudication that would have been a prior impaired 
        driving conviction if committed by an adult. 
           Subd. 21.  [PRIOR IMPAIRED DRIVING-RELATED LOSS OF 
        LICENSE.] "Prior impaired driving-related loss of license" 
        includes a driver's license suspension, revocation, 
        cancellation, denial, or disqualification under: 
           (1) section 169A.31 (alcohol-related school bus or Head 
        Start bus driving); 169A.50 to 169A.53 (implied consent law); 
        169A.54 (impaired driving convictions and adjudications; 
        administrative penalties); 171.04 (persons not eligible for 
        drivers' licenses); 171.14 (cancellation); 171.16 (court may 
        recommend suspension); 171.165 (commercial driver's license, 
        disqualification); 171.17 (revocation); or 171.18 (suspension); 
        because of an alcohol-related incident; 
           (2) section 609.21 (criminal vehicular homicide and injury, 
        substance-related offenses), subdivision 1, clauses (2) to (6); 
        subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
        to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
        clauses (2) to (6); or subdivision 4, clauses (2) to (6); 
           (3) Minnesota Statutes 1998, section 169.121 (driver under 
        influence of alcohol or controlled substance); 169.1211 
        (alcohol-related driving by commercial vehicle drivers); or 
        169.123 (chemical tests for intoxication); or 
           (4) an ordinance from this state, or a statute or ordinance 
        from another state, in conformity with any provision listed in 
        clause (1), (2), or (3). 
        "Prior impaired driving-related loss of license" also includes 
        the revocation of snowmobile or all-terrain vehicle operating 
        privileges under section 84.911 (chemical testing), or motorboat 
        operating privileges under section 86B.335 (testing for alcohol 
        and controlled substances), for violations that occurred on or 
        after August 1, 1994; the revocation of snowmobile or 
        all-terrain vehicle operating privileges under section 84.91 
        (operation of snowmobiles and all-terrain vehicles by persons 
        under the influence of alcohol or controlled substances); or the 
        revocation of motorboat operating privileges under section 
        86B.331 (operation while using alcohol or drugs or with a 
        physical or mental disability). 
           Subd. 22.  [QUALIFIED PRIOR IMPAIRED DRIVING 
        INCIDENT.] "Qualified prior impaired driving incident" includes 
        prior impaired driving convictions and prior impaired 
        driving-related losses of license. 
           Subd. 23.  [SCHOOL BUS.] "School bus" has the meaning given 
        in section 169.01, subdivision 6. 
           Subd. 24.  [STREET OR HIGHWAY.] "Street or highway" has the 
        meaning given in section 169.01, subdivision 29. 
           Subd. 25.  [VEHICLE.] "Vehicle" has the meaning given in 
        section 169.01, subdivision 2. 
           Sec. 3.  [169A.05] [PARENTHETICAL REFERENCES.] 
           Words set forth in parentheses after references to sections 
        or subdivisions in this chapter are mere catchwords included 
        solely for convenience in reference.  They are not substantive 
        and may not be used to construe or limit the meaning of any 
        statutory language. [new, see 645.49] 
           Sec. 4.  [169A.07] [FIRST-TIME DWI VIOLATOR; OFF-ROAD 
        RECREATIONAL VEHICLE OR MOTORBOAT.] 
           A person who violates section 169A.20 (driving while 
        impaired) while using an off-road recreational vehicle or 
        motorboat and who does not have a qualified prior impaired 
        driving incident is subject only to the criminal penalty 
        provided in section 169A.25 (first-degree driving while 
        impaired), 169A.26 (second-degree driving while impaired), or 
        169A.27 (third-degree driving while impaired); and loss of 
        operating privileges as provided in section 84.91, subdivision 1 
        (operation of snowmobiles or all-terrain vehicles by persons 
        under the influence of alcohol or controlled substances), or 
        86B.331, subdivision 1 (operation of motorboats while using 
        alcohol or with a physical or mental disability), whichever is 
        applicable.  The person is not subject to the provisions of 
        sections 169A.275, subdivision 5, (submission to the level of 
        care recommended in chemical use assessment for repeat offenders 
        and offenders with alcohol concentration of 0.20 or more); 
        169A.277 (long-term monitoring); 169A.285 (penalty assessment); 
        169A.44 (conditional release); 169A.54 (impaired driving 
        convictions and adjudications; administrative penalties); or 
        169A.54, subdivision 11 (chemical use assessment); the license 
        revocation sanctions of sections 169A.50 to 169A.53 (implied 
        consent law); or the plate impoundment provisions of section 
        169A.60 (administrative impoundment of plates). [169.121, subd. 
        1d] 
           Sec. 5.  [169A.09] [SANCTION FOR PRIOR BEHAVIOR BASED ON 
        SEPARATE COURSES OF CONDUCT.] 
           Prior impaired driving convictions and prior impaired 
        driving-related losses of license must arise out of a separate 
        course of conduct to be considered as multiple qualified prior 
        impaired driving incidents under this chapter.  When a person 
        has a prior impaired driving conviction and a prior impaired 
        driving-related loss of license based on the same course of 
        conduct, either the conviction or the loss of license may be 
        considered a qualified prior impaired driving incident, but not 
        both. [new] 
           Sec. 6.  [169A.095] [DETERMINING NUMBER OF AGGRAVATING 
        FACTORS.] 
           When determining the number of aggravating factors present 
        for purposes of this chapter, subject to section 169A.09 
        (sanctions for prior behavior to be based on separate courses of 
        conduct), each qualified prior impaired driving incident within 
        the ten years immediately preceding the current offense is 
        counted as a separate aggravating factor. [new] 
                              CRIMINAL PROVISIONS 
           Sec. 7.  [169A.20] [DRIVING WHILE IMPAIRED.] 
           Subdivision 1.  [DRIVING WHILE IMPAIRED CRIME.] It is a 
        crime for any person to drive, operate, or be in physical 
        control of any motor vehicle within this state or on any 
        boundary water of this state: 
           (1) when the person is under the influence of alcohol; 
           (2) when the person is under the influence of a controlled 
        substance; 
           (3) when the person is knowingly under the influence of a 
        hazardous substance that affects the nervous system, brain, or 
        muscles of the person so as to substantially impair the person's 
        ability to drive or operate the motor vehicle; 
           (4) when the person is under the influence of a combination 
        of any two or more of the elements named in clauses (1), (2), 
        and (3); 
           (5) when the person's alcohol concentration at the time, or 
        as measured within two hours of the time, of driving, operating, 
        or being in physical control of the motor vehicle is 0.10 or 
        more; 
           (6) when the vehicle is a commercial motor vehicle and the 
        person's alcohol concentration at the time, or as measured 
        within two hours of the time, of driving, operating, or being in 
        physical control of the commercial motor vehicle is 0.04 or 
        more; or 
           (7) when the person's body contains any amount of a 
        controlled substance listed in schedule I or II other than 
        marijuana or tetrahydrocannabinols. [169.121, subd. 1; 169.1211, 
        subd. 1] 
           Subd. 2.  [REFUSAL TO SUBMIT TO CHEMICAL TEST CRIME.] It is 
        a crime for any person to refuse to submit to a chemical test of 
        the person's blood, breath, or urine under section 169A.52 (test 
        refusal or failure; revocation of license). [169.121, subd. 1a] 
           Subd. 3.  [SENTENCE.] A person who violates this section 
        may be sentenced as provided in section 169A.25 (first-degree 
        driving while impaired), 169A.26 (second-degree driving while 
        impaired), or 169A.27 (third-degree driving while 
        impaired). [new] 
           Sec. 8.  [169A.25] [FIRST-DEGREE DRIVING WHILE IMPAIRED.] 
           Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
        section 169A.20 (driving while impaired) is guilty of 
        first-degree driving while impaired if two or more aggravating 
        factors were present when the violation was committed. [new] 
           Subd. 2.  [CRIMINAL PENALTY.] First-degree driving while 
        impaired is a gross misdemeanor.  The mandatory penalties 
        described in section 169A.275 and the long-term monitoring 
        described in section 169A.277 may be applicable. [new] 
           Sec. 9.  [169A.26] [SECOND-DEGREE DRIVING WHILE IMPAIRED.] 
           Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
        section 169A.20 (driving while impaired) is guilty of 
        second-degree driving while impaired if one aggravating factor 
        was present when the violation was committed. [new] 
           Subd. 2.  [CRIMINAL PENALTY.] Second-degree driving while 
        impaired is a gross misdemeanor.  The mandatory penalties 
        described in section 169A.275 and the long-term monitoring 
        described in section 169A.277 may be applicable. [new] 
           Sec. 10.  [169A.27] [THIRD-DEGREE DRIVING WHILE IMPAIRED.] 
           Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
        section 169A.20 (driving while impaired) is guilty of 
        third-degree driving while impaired. [new] 
           Subd. 2.  [CRIMINAL PENALTY.] Third-degree driving while 
        impaired is a misdemeanor. [new] 
           Sec. 11.  [169A.275] [MANDATORY PENALTIES.] 
           Subdivision 1.  [SECOND OFFENSE.] (a) The court shall 
        sentence a person who is convicted of a violation of section 
        169A.20 (driving while impaired) within ten years of a qualified 
        prior impaired driving incident to either:  
           (1) a minimum of 30 days of incarceration, at least 48 
        hours of which must be served consecutively in a local 
        correctional facility; or 
           (2) eight hours of community work service for each day less 
        than 30 days that the person is ordered to serve in a local 
        correctional facility.  
        Notwithstanding section 609.135 (stay of imposition or execution 
        of sentence), the penalties in this paragraph must be executed, 
        unless the court departs from the mandatory minimum sentence 
        under paragraph (b) or (c). 
           (b) Prior to sentencing, the prosecutor may file a motion 
        to have a defendant described in paragraph (a) sentenced without 
        regard to the mandatory minimum sentence established by that 
        paragraph.  The motion must be accompanied by a statement on the 
        record of the reasons for it.  When presented with the 
        prosecutor's motion and if it finds that substantial mitigating 
        factors exist, the court shall sentence the defendant without 
        regard to the mandatory minimum sentence established by 
        paragraph (a).  
           (c) The court may, on its own motion, sentence a defendant 
        described in paragraph (a) without regard to the mandatory 
        minimum sentence established by that paragraph if it finds that 
        substantial mitigating factors exist and if its sentencing 
        departure is accompanied by a statement on the record of the 
        reasons for it.  The court also may sentence the defendant 
        without regard to the mandatory minimum sentence established by 
        paragraph (a) if the defendant is sentenced to probation and 
        ordered to participate in a program established under section 
        169A.74 (pilot programs of intensive probation for repeat DWI 
        offenders). 
           (d) When any portion of the sentence required by paragraph 
        (a) is not executed, the court should impose a sentence that is 
        proportional to the extent of the offender's prior criminal and 
        moving traffic violation record.  Any sentence required under 
        paragraph (a) must include a mandatory sentence that is not 
        subject to suspension or a stay of imposition or execution, and 
        that includes incarceration for not less than 48 consecutive 
        hours or at least 80 hours of community work service. 
           Subd. 2.  [THIRD OFFENSE.] (a) The court shall sentence a 
        person who is convicted of a violation of section 169A.20 
        (driving while impaired) within ten years of the first of two 
        qualified prior impaired driving incidents to either: 
           (1) a minimum of 90 days of incarceration, at least 30 days 
        of which must be served consecutively in a local correctional 
        facility; or 
           (2) a program of intensive supervision of the type 
        described in section 169A.74 (pilot programs of intensive 
        probation for repeat DWI offenders) that requires the person to 
        consecutively serve at least six days in a local correctional 
        facility.  
           (b) The court may order that the person serve not more than 
        60 days of the minimum penalty under paragraph (a), clause (1), 
        on home detention or in an intensive probation program described 
        in section 169A.74. 
           (c) Notwithstanding section 609.135, the penalties in this 
        subdivision must be imposed and executed. 
           Subd. 3.  [FOURTH OFFENSE.] (a) The court shall sentence a 
        person who is convicted of a violation of section 169A.20 
        (driving while impaired) within ten years of the first of three 
        qualified prior impaired driving incidents to either: 
           (1) a minimum of 180 days of incarceration, at least 30 
        days of which must be served consecutively in a local 
        correctional facility; or 
           (2) a program of intensive supervision of the type 
        described in section 169A.74 (pilot programs of intensive 
        probation for repeat DWI offenders) that requires the person to 
        consecutively serve at least six days in a local correctional 
        facility.  
           (b) The court may order that the person serve not more than 
        150 days of the minimum penalty under paragraph (a), clause (1), 
        on home detention or in an intensive probation program described 
        in section 169A.74.  Notwithstanding section 609.135, the 
        penalties in this subdivision must be imposed and executed. 
           Subd. 4.  [FIFTH OFFENSE OR MORE.] (a) The court shall 
        sentence a person who is convicted of a violation of section 
        169A.20 (driving while impaired) within ten years of the first 
        of four or more qualified prior impaired driving incidents to 
        either: 
           (1) a minimum of one year of incarceration, at least 60 
        days of which must be served consecutively in a local 
        correctional facility; or 
           (2) a program of intensive supervision of the type 
        described in section 169A.74 (pilot programs of intensive 
        probation for repeat DWI offenders) that requires the person to 
        consecutively serve at least six days in a local correctional 
        facility.  
           (b) The court may order that the person serve the remainder 
        of the minimum penalty under paragraph (a), clause (1), on 
        intensive probation using an electronic monitoring system or, if 
        such a system is unavailable, on home detention.  
        Notwithstanding section 609.135, the penalties in this 
        subdivision must be imposed and executed. 
           Subd. 5.  [LEVEL OF CARE RECOMMENDED IN CHEMICAL USE 
        ASSESSMENT.] In addition to other penalties required under this 
        section, the court shall order a person to submit to the level 
        of care recommended in the chemical use assessment conducted 
        under section 169A.70 (alcohol safety program; chemical use 
        assessments) if the person is convicted of violating section 
        169A.20 (driving while impaired) while having an alcohol 
        concentration of 0.20 or more as measured at the time, or within 
        two hours of the time, of the offense or if the violation occurs 
        within ten years of one or more qualified prior impaired driving 
        incidents. [169.121, subd. 3d (par. (a) to (g)); 169.121, subd. 
        3b (par. (h))] 
           Sec. 12.  [169A.277] [LONG-TERM MONITORING.] 
           Subdivision 1.  [APPLICABILITY.] This section applies to a 
        person convicted of: 
           (1) a violation of section 169A.20 (driving while impaired) 
        within ten years of the first of two or more prior impaired 
        driving convictions; 
           (2) a violation of section 169A.20, if the person is under 
        the age of 19 years and has previously been convicted of 
        violating section 169A.20 or Minnesota Statutes 1998, section 
        169.121 (driver under the influence of alcohol or controlled 
        substance); or 
           (3) a violation of section 169A.20, while the person's 
        driver's license or driving privileges have been canceled under 
        section 171.04, subdivision 1, clause (9) (persons not eligible 
        for drivers' licenses, inimical to public safety). 
           Subd. 2.  [MONITORING REQUIRED.] When the court sentences a 
        person described in subdivision 1 to a stayed sentence and when 
        electronic monitoring equipment is available to the court, the 
        court shall require that the person participate in a program of 
        electronic alcohol monitoring in addition to any other 
        conditions of probation or jail time it imposes.  During the 
        first one-third of the person's probationary term, the 
        electronic alcohol monitoring must be continuous and involve 
        measurements of the person's alcohol concentration at least 
        three times a day.  During the remainder of the person's 
        probationary term, the electronic alcohol monitoring may be 
        intermittent, as determined by the court.  
           Subd. 3.  [REIMBURSEMENT.] The court shall require partial 
        or total reimbursement from the person for the cost of the 
        electronic alcohol monitoring, to the extent the person is able 
        to pay. [169.121, subd. 3e] 
           Sec. 13.  [169A.28] [CONSECUTIVE SENTENCES.] 
           Subdivision 1.  [MANDATORY CONSECUTIVE SENTENCES.] The 
        court shall impose consecutive sentences when it sentences a 
        person for: 
           (1) violations of section 169A.20 (driving while impaired) 
        arising out of separate courses of conduct; 
           (2) a violation of section 169A.20 when the person, at the 
        time of sentencing, is on probation for, or serving, an executed 
        sentence for a violation of section 169A.20 or Minnesota 
        Statutes 1998, section 169.121 (driver under the influence of 
        alcohol or controlled substance) or 169.129 (aggravated 
        DWI-related violations; penalty), and the prior sentence 
        involved a separate course of conduct; or 
           (3) a violation of section 169A.20 and another offense 
        arising out of a single course of conduct that is listed in 
        subdivision 2, paragraph (f), when the person has five or more 
        qualified prior impaired driving incidents within the past ten 
        years. [169.121, subd. 3, par. (f) and (i); 609.035, subd. 2, 
        par. (g)] 
           Subd. 2.  [PERMISSIVE CONSECUTIVE SENTENCES; MULTIPLE 
        OFFENSES.] (a) When a person is being sentenced for a violation 
        of a provision listed in paragraph (e), the court may sentence 
        the person to a consecutive term of imprisonment for a violation 
        of any other provision listed in paragraph (e), notwithstanding 
        the fact that the offenses arose out of the same course of 
        conduct, subject to the limitation on consecutive sentences 
        contained in section 609.15, subdivision 2, and except as 
        provided in paragraphs (b) and (c) of this subdivision. 
           (b) When a person is being sentenced for a violation of 
        section 171.20 (operation after revocation, suspension, 
        cancellation, or disqualification), 171.24 (driving without 
        valid license), or 171.30 (violation of condition of limited 
        license), the court may not impose a consecutive sentence for 
        another violation of a provision in chapter 171 (drivers' 
        licenses and training schools). 
           (c) When a person is being sentenced for a violation of 
        section 169.791 (failure to provide proof of insurance) or 
        169.797 (failure to provide vehicle insurance), the court may 
        not impose a consecutive sentence for another violation of a 
        provision of sections 169.79 to 169.7995. 
           (d) This subdivision does not limit the authority of the 
        court to impose consecutive sentences for crimes arising on 
        different dates or to impose a consecutive sentence when a 
        person is being sentenced for a crime and is also in violation 
        of the conditions of a stayed or otherwise deferred sentence 
        under section 609.135 (stay of imposition or execution of 
        sentence). 
           (e) This subdivision applies to misdemeanor and gross 
        misdemeanor violations of the following if the offender has two 
        or more prior impaired driving convictions within the past ten 
        years: 
           (1) section 169A.20 (driving while impaired); 
           (2) section 169.791; 
           (3) section 169.797; 
           (4) section 171.20, subdivision 2 (operation after 
        revocation, suspension, cancellation, or disqualification); 
           (5) section 171.24; and 
           (6) section 171.30. [169.121, subd. 3, par. (h); 609.035, 
        subd. 2] 
           Subd. 3.  [PERMISSIVE CONSECUTIVE SENTENCES; PREVIOUS 
        OFFENSES.] The court may order that the sentence imposed for a 
        violation of section 169A.20 (driving while impaired) run 
        consecutively to a previously imposed misdemeanor, gross 
        misdemeanor, or felony sentence for a violation other than 
        section 169A.20. [169.121, subd. 3, par. (f)] 
           Sec. 14.  [169A.283] [STAY OF EXECUTION OF SENTENCE.] 
           Subdivision 1.  [STAY AUTHORIZED.] Except as otherwise 
        provided in section 169A.275 (mandatory penalties), when a court 
        sentences a person convicted of a violation of section 169A.20 
        (driving while impaired), the court may stay execution of the 
        criminal sentence described in section 169A.25 (first-degree 
        driving while impaired), 169A.26 (second-degree driving while 
        impaired), or 169A.27 (third-degree driving while impaired), on 
        the condition that the convicted person submit to the level of 
        care recommended in the chemical use assessment report required 
        under section 169A.70 (alcohol safety programs; chemical use 
        assessments).  If the court does not order a level of care in 
        accordance with the assessment report recommendation as a 
        condition of a stay of execution, it shall state on the record 
        its reasons for not following the assessment report 
        recommendation.  
           Subd. 2.  [MANNER AND LENGTH OF STAY, REQUIRED REPORT.] A 
        stay of execution must be in the manner provided in section 
        609.135 (stay of imposition or execution of sentence).  The 
        length of stay is governed by section 609.135, subdivision 2.  
        The court shall report to the commissioner any stay of execution 
        of sentence granted under this section. 
           Subd. 3.  [NO STAY OF LICENSE REVOCATION.] The court may 
        not stay the execution of the driver's license revocation 
        provisions of section 169A.54 (impaired driving convictions and 
        adjudications; administrative penalties). [169.121, subd. 3, 
        par. (g); 169.121, subd. 5] 
           Sec. 15.  [169A.284] [CHEMICAL DEPENDENCY ASSESSMENT 
        CHARGE; SURCHARGE.] 
           Subdivision 1.  [WHEN REQUIRED.] (a) When a court sentences 
        a person convicted of an offense enumerated in section 169A.70, 
        subdivision 2 (chemical use assessment; requirement; form), it 
        shall impose a chemical dependency assessment charge of $125.  A 
        person shall pay an additional surcharge of $5 if the person is 
        convicted of a violation of section 169A.20 (driving while 
        impaired) within five years of a prior impaired driving 
        conviction or a prior conviction for an offense arising out of 
        an arrest for a violation of section 169A.20 or Minnesota 
        Statutes 1998, section 169.121 (driver under influence of 
        alcohol or controlled substance) or 169.129 (aggravated 
        DWI-related violations; penalty).  This section applies when the 
        sentence is executed, stayed, or suspended.  The court may not 
        waive payment or authorize payment of the assessment charge and 
        surcharge in installments unless it makes written findings on 
        the record that the convicted person is indigent or that the 
        assessment charge and surcharge would create undue hardship for 
        the convicted person or that person's immediate family.  
           (b) The chemical dependency assessment charge and surcharge 
        required under this section are in addition to the surcharge 
        required by section 357.021, subdivision 6 (surcharges on 
        criminal and traffic offenders). [169.121, subd. 5a] 
           Subd. 2.  [DISTRIBUTION OF MONEY.] The county shall collect 
        and forward to the commissioner of finance $25 of the chemical 
        dependency assessment charge and the $5 surcharge, if any, 
        within 60 days after sentencing or explain to the commissioner 
        in writing why the money was not forwarded within this time 
        period.  The commissioner shall credit the money to the general 
        fund.  The county shall collect and keep $100 of the chemical 
        dependency assessment charge. [169.121, subd. 5a] 
           Sec. 16.  [169A.285] [PENALTY ASSESSMENT.] 
           Subdivision 1.  [AUTHORITY; AMOUNT.] When a court sentences 
        a person who violates section 169A.20 (driving while impaired) 
        while having an alcohol concentration of 0.20 or more as 
        measured at the time, or within two hours of the time, of the 
        violation, the court may impose a penalty assessment of up to 
        $1,000.  The court may impose this assessment in addition to any 
        other penalties or charges authorized under law.  
           Subd. 2.  [ASSESSMENT DISTRIBUTION.] Money collected under 
        this section must be distributed as follows: 
           (1) if the arresting officer is an employee of a political 
        subdivision, the assessment must be forwarded to the treasury of 
        the political subdivision for use in enforcement, training, and 
        education activities related to driving while impaired; or 
           (2) if the arresting officer is an employee of the state, 
        the assessment must be forwarded to the state treasury and 
        credited to the general fund. [169.121, subd. 5b] 
           Sec. 17.  [169A.31] [ALCOHOL-RELATED SCHOOL BUS OR HEAD 
        START BUS DRIVING.] 
           Subdivision 1.  [CRIME DESCRIBED.] It is a crime for any 
        person to drive, operate, or be in physical control of any class 
        of school bus or Head Start bus within this state when there is 
        physical evidence present in the person's body of the 
        consumption of any alcohol. [169.1211, subd. 1, par. (b)] 
           Subd. 2.  [GROSS MISDEMEANOR ALCOHOL-RELATED SCHOOL BUS OR 
        HEAD START BUS DRIVING.] A person who violates subdivision 1 is 
        guilty of gross misdemeanor alcohol-related school bus or Head 
        Start bus driving if: 
           (1) the violation occurs while a child under the age of 16 
        is in the vehicle, if the child is more than 36 months younger 
        than the violator; or 
           (2) the violation occurs within ten years of a qualified 
        prior impaired driving incident. [169.1211, subd. 5, par. (b)] 
           Subd. 3.  [MISDEMEANOR ALCOHOL-RELATED SCHOOL BUS OR HEAD 
        START BUS DRIVING.] Except as provided in subdivision 2, a 
        person who violates subdivision 1 is guilty of misdemeanor 
        alcohol-related school bus or Head Start bus driving. [169.1211, 
        subd. 5, par. (a)] 
           Sec. 18.  [169A.33] [UNDERAGE DRINKING AND DRIVING.] 
           Subdivision 1.  [DEFINITION.] As used in this section, 
        "motor vehicle" does not include motorboats in operation or 
        off-road recreational vehicles. [new] 
           Subd. 2.  [CRIME DESCRIBED.] It is a crime for a person 
        under the age of 21 years to drive, operate, or be in physical 
        control of a motor vehicle while consuming alcoholic beverages, 
        or after having consumed alcoholic beverages while there is 
        physical evidence of the consumption present in the person's 
        body. [169.1218, par. (a)] 
           Subd. 3.  [CRIMINAL PENALTY.] A person who violates 
        subdivision 2 is guilty of a misdemeanor. [169.1218, par. (a)] 
           Subd. 4.  [ADMINISTRATIVE PENALTY.] When a person is found 
        to have committed an offense under subdivision 2, the court 
        shall notify the commissioner of its determination.  Upon 
        receipt of the court's determination, the commissioner shall 
        suspend the person's driver's license or operating privileges 
        for 30 days, or for 180 days if the person has previously been 
        found to have violated subdivision 2 or a statute or ordinance 
        in conformity with it. [169.1218, par. (b)] 
           Subd. 5.  [EXCEPTION.] If the person's conduct violates 
        section 169A.20 (driving while impaired) or 169A.31 
        (alcohol-related school bus or Head Start bus driving), the 
        penalties and license sanctions in those laws or section 169A.54 
        (impaired driving convictions and adjudications; administrative 
        penalties) apply instead of the license sanction in subdivision 
        4. [169.1218, par. (c)] 
           Subd. 6.  [JURISDICTION.] An offense under subdivision 2 
        may be prosecuted either in the jurisdiction where consumption 
        occurs or the jurisdiction where evidence of consumption is 
        observed. [169.1218, par. (d)] 
           Sec. 19.  [169A.35] [OPEN BOTTLE LAW.] 
           Subdivision 1.  [DEFINITIONS.] As used in this section: 
           (1) "motor vehicle" does not include motorboats in 
        operation or off-road recreational vehicles; and 
           (2) "possession" means either that the person had actual 
        possession of the bottle or receptacle or that the person 
        consciously exercised dominion and control over the bottle or 
        receptacle. [new; 169.122, subd. 2] 
           Subd. 2.  [DRINKING AND CONSUMPTION; CRIME DESCRIBED.] It 
        is a crime for a person to drink or consume intoxicating liquor 
        or 3.2 percent malt liquor in a motor vehicle when the vehicle 
        is upon a street or highway. [169.122, subd. 1] 
           Subd. 3.  [POSSESSION; CRIME DESCRIBED.] It is a crime for 
        a person to have in possession, while in a private motor vehicle 
        upon a street or highway, any bottle or receptacle containing 
        intoxicating liquor or 3.2 percent malt liquor which has been 
        opened, or the seal broken, or the contents of which have been 
        partially removed. [169.122, subd. 2] 
           Subd. 4.  [LIABILITY OF NONPRESENT OWNER; CRIME DESCRIBED.] 
        It is a crime for the owner of any private motor vehicle or the 
        driver, if the owner is not present in the motor vehicle, to 
        keep or allow to be kept in a motor vehicle when the vehicle is 
        upon a street or highway any bottle or receptacle containing 
        intoxicating liquor or 3.2 percent malt liquor which has been 
        opened, or the seal broken, or the contents of which have been 
        partially removed. [169.122, subd. 3] 
           Subd. 5.  [CRIMINAL PENALTY.] A person who violates 
        subdivisions 2 to 4 is guilty of a misdemeanor. [169.122, subd. 
        4] 
           Subd. 6.  [EXCEPTIONS.] (a) This section does not prohibit 
        the possession or consumption of alcoholic beverages by 
        passengers in: 
           (1) a bus that is operated by a motor carrier of 
        passengers, as defined in section 221.011, subdivision 48; or 
           (2) a vehicle providing limousine service as defined in 
        section 221.84, subdivision 1. 
           (b) Subdivisions 3 and 4 do not apply to a bottle or 
        receptacle that is in the trunk of the vehicle if it is equipped 
        with a trunk, or that is in another area of the vehicle not 
        normally occupied by the driver and passengers if the vehicle is 
        not equipped with a trunk.  However, a utility compartment or 
        glove compartment is deemed to be within the area occupied by 
        the driver and passengers. [169.122, subds. 2, 3, and 5] 
           Sec. 20.  [169A.37] [LICENSE PLATE IMPOUNDMENT VIOLATION 
        CRIME.] 
           Subdivision 1.  [CRIME DESCRIBED.] It is a crime for a 
        person to: 
           (1) fail to comply with an impoundment order under section 
        169A.60 (administrative plate impoundment); 
           (2) file a false statement under section 169A.60, 
        subdivision 7 or 8; 
           (3) operate a self-propelled motor vehicle on a street or 
        highway when the vehicle is subject to an impoundment order 
        issued under section 169A.60; or 
           (4) fail to notify the commissioner of the impoundment 
        order when requesting new plates. [168.042, subd. 14] 
           Subd. 2.  [CRIMINAL PENALTY.] A person who violates 
        subdivision 1 is guilty of a misdemeanor. [168.042, subd. 14] 
                             PROCEDURAL PROVISIONS 
           Sec. 21.  [169A.40] [ARREST FOR DRIVING WHILE IMPAIRED OR 
        ALCOHOL-RELATED SCHOOL BUS OR HEAD START BUS DRIVING OFFENSE.] 
           Subdivision 1.  [PROBABLE CAUSE ARREST.] A peace officer 
        may lawfully arrest a person for violation of section 169A.20 
        (driving while impaired), 169A.31 (alcohol-related school bus or 
        Head Start bus driving), or 169A.33 (underage drinking and 
        driving), without a warrant upon probable cause, without regard 
        to whether the violation was committed in the officer's presence.
           Subd. 2.  [FRESH PURSUIT.] When a peace officer has 
        probable cause to believe that a person is driving or operating 
        a motor vehicle in violation of section 169A.20 (driving while 
        impaired), 169A.31 (alcohol-related school bus or Head Start bus 
        driving), or 169A.33 (underage drinking and driving) and before 
        a stop or arrest can be made the person escapes from the 
        geographical limits of the officer's jurisdiction, the officer 
        in fresh pursuit of the person may stop or arrest the person in 
        another jurisdiction within this state and may exercise the 
        powers and perform the duties of a peace officer under this 
        chapter.  An officer acting in fresh pursuit pursuant to this 
        section is serving in the regular line of duty as fully as 
        though within the officer's jurisdiction. 
           Subd. 3.  [FIRST-DEGREE DWI OFFENDERS; CUSTODIAL 
        ARREST.] Notwithstanding rule 6.01 of the Rules of Criminal 
        Procedure, a peace officer acting without a warrant who has 
        decided to proceed with the prosecution of a person for 
        violating section 169A.20 (driving while impaired), shall arrest 
        and take the person into custody if the officer has reason to 
        believe the violation occurred under the circumstances described 
        in section 169A.25 (first-degree driving while impaired).  The 
        person shall be detained until the person's first court 
        appearance.  
           Subd. 4.  [OTHER ARREST POWERS NOT LIMITED.] The express 
        grant of arrest powers in this section does not limit the arrest 
        powers of peace officers pursuant to sections 626.65 to 626.70 
        (uniform law on fresh pursuit) or section 629.40 (allowing 
        arrests anywhere in state) in cases of arrests for violation of 
        section 169A.20 (driving while impaired), 169A.31 
        (alcohol-related school bus or Head Start bus driving), 169A.33 
        (underage drinking and driving), or any other provision of 
        law. [169.121, subd. 1b] 
           Sec. 22.  [169A.41] [PRELIMINARY SCREENING TEST.] 
           Subdivision 1.  [WHEN AUTHORIZED.] When a peace officer has 
        reason to believe from the manner in which a person is driving, 
        operating, controlling, or acting upon departure from a motor 
        vehicle, or has driven, operated, or controlled a motor vehicle, 
        that the driver may be violating or has violated section 169A.20 
        (driving while impaired), 169A.31 (alcohol-related school bus or 
        Head Start bus driving), or 169A.33 (underage drinking and 
        driving), the officer may require the driver to provide a sample 
        of the driver's breath for a preliminary screening test using a 
        device approved by the commissioner for this purpose. 
           Subd. 2.  [USE OF TEST RESULTS.] The results of this 
        preliminary screening test must be used for the purpose of 
        deciding whether an arrest should be made and whether to require 
        the tests authorized in section 169A.51 (chemical tests for 
        intoxication), but must not be used in any court action except 
        the following: 
           (1) to prove that a test was properly required of a person 
        pursuant to section 169A.51, subdivision 1; 
           (2) in a civil action arising out of the operation or use 
        of the motor vehicle; 
           (3) in an action for license reinstatement under section 
        171.19; 
           (4) in a prosecution or juvenile court proceeding 
        concerning a violation of section 169A.33 (underage drinking and 
        driving), or 340A.503, subdivision 1, paragraph (a), clause (2) 
        (underage alcohol consumption); 
           (5) in a prosecution under section 169A.31, 
        (alcohol-related school or Head Start bus driving); or 171.30 
        (limited license); or 
           (6) in a prosecution for a violation of a restriction on a 
        driver's license under section 171.09, which provides that the 
        license holder may not use or consume any amount of alcohol or a 
        controlled substance. 
           Subd. 3.  [ADDITIONAL TESTS.] Following the screening test 
        additional tests may be required of the driver pursuant to the 
        provisions of section 169A.51 (chemical tests for intoxication). 
           Subd. 4.  [CONSEQUENCES OF REFUSAL.] The driver who refuses 
        to furnish a sample of the driver's breath is subject to the 
        provisions of section 169A.51 (chemical tests for intoxication), 
        unless the driver submits to a blood, breath, or urine test to 
        determine the presence or amount of alcohol, controlled 
        substances, or hazardous substances in compliance with section 
        169A.51. [169.121, subd. 6] 
           Sec. 23.  [169A.42] [IMPOUNDMENT OF MOTOR VEHICLE UNDER 
        LOCAL ORDINANCE; REDEMPTION.] 
           Subdivision 1.  [DEFINITION.] As used in this section, 
        "impoundment" means the removal of a motor vehicle to a storage 
        facility or impound lot as authorized by a local ordinance. 
           Subd. 2.  [REDEMPTION; PREREQUISITES.] If a motor vehicle 
        is impounded by a peace officer following the arrest or taking 
        into custody of a driver for a violation of section 169A.20 
        (driving while impaired), or an ordinance in conformity with it, 
        the impounded vehicle must only be released from impoundment: 
           (1) to the registered owner, a person authorized by the 
        registered owner, a lienholder of record, or a person who has 
        purchased the vehicle from the registered owner, who provides 
        proof of ownership of the vehicle, proof of valid Minnesota 
        driving privileges, and proof of insurance required by law to 
        cover the vehicle; 
           (2) if the vehicle is subject to a rental or lease 
        agreement, to a renter or lessee with valid Minnesota driving 
        privileges who provides a copy of the rental or lease agreement 
        and proof of insurance required by law to cover the vehicle; or 
           (3) to an agent of a towing company authorized by a 
        registered owner if the owner provides proof of ownership of the 
        vehicle and proof of insurance required by law to cover the 
        vehicle. 
           Subd. 3.  [TO WHOM INFORMATION PROVIDED.] The proof of 
        ownership and insurance or, if applicable, the copy of the 
        rental or lease agreement required by subdivision 2 must be 
        provided to the law enforcement agency impounding the vehicle or 
        to a person or entity designated by the law enforcement agency 
        to receive the information. 
           Subd. 4.  [LIABILITY FOR STORAGE COSTS.] No law enforcement 
        agency, local unit of government, or state agency is responsible 
        or financially liable for any storage fees incurred due to an 
        impoundment under this section. [169.1216] 
           Sec. 24.  [169A.43] [RESPONSIBILITY FOR PROSECUTION; 
        CRIMINAL HISTORY INFORMATION.] 
           Subdivision 1.  [DEFINITION.] As used in this section, 
        "impaired driving offense" includes violations of sections 
        169A.20 to 169A.33. [new] 
           Subd. 2.  [PROSECUTION.] The attorney in the jurisdiction 
        in which an impaired driving offense occurred who is responsible 
        for prosecution of misdemeanor-level impaired driving offenses 
        is also responsible for prosecution of gross misdemeanor-level 
        impaired driving offenses. [169.121, subd. 3, par. (f) and 
        169.129, subd. 3] 
           Subd. 3.  [VENUE.] (a) A violation of section 169A.20, 
        subdivision 2 (refusal to submit to chemical test) may be 
        prosecuted either in the jurisdiction where the arresting 
        officer observed the defendant driving, operating, or in control 
        of the motor vehicle or in the jurisdiction where the refusal 
        occurred. [169.121, subd. 3, par. (k)] 
           (b) An underage drinking and driving offense may be 
        prosecuted as provided in section 169A.33, subdivision 6 
        (underage drinking and driving). [new cross-reference; see also 
        169.1218, par. (d)] 
           Subd. 4.  [CRIMINAL HISTORY INFORMATION.] When an attorney 
        responsible for prosecuting impaired driving offenses requests 
        criminal history information relating to prior impaired driving 
        convictions from a court, the court shall furnish the 
        information without charge. [169.121, subd. 3, par. (j)] 
           Sec. 25.  [169A.44] [CONDITIONAL RELEASE.] 
           (a) This section applies to a person charged with: 
           (1) a violation of section 169A.20 (driving while impaired) 
        within ten years of the first of two or more prior impaired 
        driving convictions; 
           (2) a violation of section 169A.20, if the person is under 
        the age of 19 years and has previously been convicted of 
        violating section 169A.20 or Minnesota Statutes 1998, section 
        169.121 (driver under the influence of alcohol or controlled 
        substance); 
           (3) a violation of section 169A.20, while the person's 
        driver's license or driving privileges have been canceled under 
        section 171.04, subdivision 1, clause (9) (persons not eligible 
        for drivers' licenses, inimical to public safety); or 
           (4) a violation of section 169A.20 by a person having an 
        alcohol concentration of 0.20 or more as measured at the time, 
        or within two hours of the time, of the offense. 
           (b) Unless maximum bail is imposed under section 629.471, a 
        person described in paragraph (a) may be released from detention 
        only if the person agrees to:  
           (1) abstain from alcohol; and 
           (2) submit to a program of electronic alcohol monitoring, 
        involving at least daily measurements of the person's alcohol 
        concentration, pending resolution of the charge. 
        Clause (2) applies only when electronic alcohol monitoring 
        equipment is available to the court.  The court shall require 
        partial or total reimbursement from the person for the cost of 
        the electronic alcohol monitoring, to the extent the person is 
        able to pay. 
           (c) Unless maximum bail is imposed under section 629.471, 
        subdivision 2, a person charged with violating section 169A.20 
        within ten years of the first of three or more prior impaired 
        driving convictions may be released from detention only if the 
        following conditions are imposed in addition to the condition 
        imposed in paragraph (b), if applicable, and any other 
        conditions of release ordered by the court: 
           (1) the impoundment of the registration plates of the 
        vehicle used to commit the violation, unless already impounded; 
           (2) if the vehicle used to commit the violation was an 
        off-road recreational vehicle or a motorboat, the impoundment of 
        the off-road recreational vehicle or motorboat; 
           (3) a requirement that the person report weekly to a 
        probation agent; 
           (4) a requirement that the person abstain from consumption 
        of alcohol and controlled substances and submit to random 
        alcohol tests or urine analyses at least weekly; and 
           (5) a requirement that, if convicted, the person reimburse 
        the court or county for the total cost of these 
        services. [169.121, subd. 1c] 
           Sec. 26.  [169A.45] [EVIDENCE.] 
           Subdivision 1.  [ALCOHOL CONCENTRATION EVIDENCE.] Upon the 
        trial of any prosecution arising out of acts alleged to have 
        been committed by any person arrested for violating section 
        169A.20 (driving while impaired) or 169A.31 (alcohol-related 
        school bus or Head Start bus driving), the court may admit 
        evidence of the presence or amount of alcohol in the person's 
        blood, breath, or urine as shown by an analysis of those items.  
        In addition, in a prosecution for a violation of section 
        169A.20, the court may admit evidence of the presence or amount 
        of controlled substances or hazardous substances in the person's 
        blood, breath, or urine as shown by an analysis of those items. 
           Subd. 2.  [RELEVANT EVIDENCE OF IMPAIRMENT.] For the 
        purposes of section 169A.20 (driving while impaired), evidence 
        that there was at the time an alcohol concentration of 0.04 or 
        more is relevant evidence in indicating whether or not the 
        person was under the influence of alcohol. 
           Subd. 3.  [EVIDENCE OF REFUSAL.] Evidence of the refusal to 
        take a test is admissible into evidence in a prosecution under 
        section 169A.20 (driving while impaired). 
           Subd. 4.  [OTHER COMPETENT EVIDENCE ADMISSIBLE.] The 
        preceding provisions do not limit the introduction of any other 
        competent evidence bearing upon the question of whether the 
        person violated section 169A.20 (driving while impaired) or 
        169A.31 (alcohol-related school bus or Head Start bus driving), 
        including tests obtained more than two hours after the alleged 
        violation and results obtained from partial tests on an infrared 
        breath-testing instrument.  A result from a partial test is the 
        measurement obtained by analyzing one adequate breath sample, as 
        described in section 169A.51, subdivision 5, paragraph (b) 
        (breath test using infrared breath-testing instrument).  
        [169.121, subd. 2] 
           Sec. 27.  [169A.46] [AFFIRMATIVE DEFENSES.] 
           Subdivision 1.  [IMPAIRMENT OCCURRED AFTER DRIVING CEASED.] 
        If proven by a preponderance of the evidence, it is an 
        affirmative defense to a violation of section 169A.20, 
        subdivision 1, clause (5) (driving while impaired, alcohol 
        concentration within two hours of driving), or 169A.20 by a 
        person having an alcohol concentration of 0.20 or more as 
        measured at the time, or within two hours of the time, of the 
        offense, that the defendant consumed a sufficient quantity of 
        alcohol after the time of the violation and before the 
        administration of the evidentiary test to cause the defendant's 
        alcohol concentration to exceed the level specified in the 
        applicable clause.  Evidence that the defendant consumed alcohol 
        after the time of the violation may not be admitted in defense 
        to any alleged violation of section 169A.20, unless notice is 
        given to the prosecution prior to the omnibus or pretrial 
        hearing in the matter. 
           Subd. 2.  [IMPAIRMENT FROM PRESCRIPTION DRUG.] If proven by 
        a preponderance of the evidence, it is an affirmative defense to 
        a violation of section 169A.20 subdivision 1, clause (7) 
        (presence of schedule I or II controlled substance), that the 
        defendant used the controlled substance according to the terms 
        of a prescription issued for the defendant in accordance with 
        sections 152.11 and 152.12. [169.121, subd. 2; 169.1211, subd. 
        3] 
           Sec. 28.  [169A.47] [NOTICE OF ENHANCED PENALTY.] 
           When a court sentences a person for a violation of sections 
        169A.20 to 169A.31 (impaired driving offenses), it shall inform 
        the defendant of the statutory provisions that provide for 
        enhancement of criminal penalties for repeat violators, and the 
        provisions that provide for administrative plate impoundment and 
        forfeiture of motor vehicles used to commit an impaired driving 
        offense.  The notice must describe the conduct and the time 
        periods within which the conduct must occur in order to result 
        in increased penalties, plate impoundment, or forfeiture.  The 
        failure of a court to provide this information to a defendant 
        does not affect the future applicability of these enhanced 
        penalties to that defendant. [169.121, subd. 3, par. (d), and 
        subd. 3c] 
           Sec. 29.  [169A.48] [IMMUNITY FROM LIABILITY.] 
           Subdivision 1.  [DEFINITION.] For purposes of this section, 
        "political subdivision" means a county, statutory or home rule 
        charter city, or town. 
           Subd. 2.  [IMMUNITY.] The state or political subdivision by 
        which a peace officer making an arrest for violation of sections 
        169A.20 to 169A.33 (impaired driving offenses), is employed has 
        immunity from any liability, civil or criminal, for the care or 
        custody of the motor vehicle being driven by, operated by, or in 
        the physical control of the person arrested if the peace officer 
        acts in good faith and exercises due care. [169.121, subd. 9] 
                           ADMINISTRATIVE PROVISIONS
           Sec. 30.  [169A.50] [CITATION.] 
           Sections 169A.50 to 169A.53 may be cited as the implied 
        consent law. [new] 
           Sec. 31.  [169A.51] [CHEMICAL TESTS FOR INTOXICATION.] 
           Subdivision 1.  [IMPLIED CONSENT; CONDITIONS; ELECTION OF 
        TEST.] (a) Any person who drives, operates, or is in physical 
        control of a motor vehicle within this state or on any boundary 
        water of this state consents, subject to the provisions of 
        sections 169A.50 to 169A.53 (implied consent law), and section 
        169A.20 (driving while impaired), to a chemical test of that 
        person's blood, breath, or urine for the purpose of determining 
        the presence of alcohol, controlled substances, or hazardous 
        substances.  The test must be administered at the direction of a 
        peace officer. 
           (b) The test may be required of a person when an officer 
        has probable cause to believe the person was driving, operating, 
        or in physical control of a motor vehicle in violation of 
        section 169A.20 (driving while impaired), and one of the 
        following conditions exist: 
           (1) the person has been lawfully placed under arrest for 
        violation of section 169A.20 or an ordinance in conformity with 
        it; 
           (2) the person has been involved in a motor vehicle 
        accident or collision resulting in property damage, personal 
        injury, or death; 
           (3) the person has refused to take the screening test 
        provided for by section 169A.41 (preliminary screening test); or 
           (4) the screening test was administered and indicated an 
        alcohol concentration of 0.10 or more. 
           (c) The test may also be required of a person when an 
        officer has probable cause to believe the person was driving, 
        operating, or in physical control of a commercial motor vehicle 
        with the presence of any alcohol. [169.123, subd. 2, par. (a)] 
           Subd. 2.  [IMPLIED CONSENT ADVISORY.] At the time a test is 
        requested, the person must be informed: 
           (1) that Minnesota law requires the person to take a test: 
           (i) to determine if the person is under the influence of 
        alcohol, controlled substances, or hazardous substances; 
           (ii) to determine the presence of a controlled substance 
        listed in schedule I or II, other than marijuana or 
        tetrahydrocannabinols; and 
           (iii) if the motor vehicle was a commercial motor vehicle, 
        to determine the presence of alcohol; 
           (2) that refusal to take a test is a crime; 
           (3) if the peace officer has probable cause to believe the 
        person has violated the criminal vehicular homicide and injury 
        laws, that a test will be taken with or without the person's 
        consent; and 
           (4) that the person has the right to consult with an 
        attorney, but that this right is limited to the extent that it 
        cannot unreasonably delay administration of the test. [169.123, 
        subd. 2, par. (b)] 
           Subd. 3.  [TYPE OF TEST.] The peace officer who requires a 
        test pursuant to this section may direct whether the test is of 
        blood, breath, or urine.  Action may be taken against a person 
        who refuses to take a blood test only if an alternative test was 
        offered and action may be taken against a person who refuses to 
        take a urine test only if an alternative test was 
        offered. [169.123, subd. 2, par. (c)] 
           Subd. 4.  [REQUIREMENT OF URINE OR BLOOD 
        TEST.] Notwithstanding subdivision 3, a blood or urine test may 
        be required even after a breath test has been administered if 
        there is probable cause to believe that: 
           (1) there is impairment by a controlled substance or 
        hazardous substance that is not subject to testing by a breath 
        test; or 
           (2) a controlled substance listed in schedule I or II, 
        other than marijuana or tetrahydrocannabinols, is present in the 
        person's body.  
           Action may be taken against a person who refuses to take a 
        blood test under this subdivision only if a urine test was 
        offered and action may be taken against a person who refuses to 
        take a urine test only if a blood test was offered. [169.123, 
        subd. 2a] 
           Subd. 5.  [BREATH TEST USING INFRARED BREATH-TESTING 
        INSTRUMENT.] (a) In the case of a breath test administered using 
        an infrared breath-testing instrument, the test must consist of 
        analyses in the following sequence:  one adequate breath sample 
        analysis, one calibration standard analysis, and a second, 
        adequate breath sample analysis. 
           (b) In the case of a test administered using an infrared 
        breath-testing instrument, a sample is adequate if the 
        instrument analyzes the sample and does not indicate the sample 
        is deficient. 
           (c) For purposes of section 169A.52 (revocation of license 
        for test failure or refusal), when a test is administered using 
        an infrared breath-testing instrument, failure of a person to 
        provide two separate, adequate breath samples in the proper 
        sequence constitutes a refusal. [169.123, subd. 2b] 
           Subd. 6.  [CONSENT OF PERSON INCAPABLE OF REFUSAL NOT 
        WITHDRAWN.] A person who is unconscious or who is otherwise in a 
        condition rendering the person incapable of refusal is deemed 
        not to have withdrawn the consent provided by subdivision 1 and 
        the test may be given. [169.123, subd. 2c] 
           Subd. 7.  [REQUIREMENTS FOR CONDUCTING TESTS; 
        LIABILITY.] (a) Only a physician, medical technician, 
        physician's trained mobile intensive care paramedic, registered 
        nurse, medical technologist, or laboratory assistant acting at 
        the request of a peace officer may withdraw blood for the 
        purpose of determining the presence of alcohol, controlled 
        substances, or hazardous substances.  This limitation does not 
        apply to the taking of a breath or urine sample. 
           (b) The person tested has the right to have someone of the 
        person's own choosing administer a chemical test or tests in 
        addition to any administered at the direction of a peace 
        officer; provided, that the additional test sample on behalf of 
        the person is obtained at the place where the person is in 
        custody, after the test administered at the direction of a peace 
        officer, and at no expense to the state.  The failure or 
        inability to obtain an additional test or tests by a person does 
        not preclude the admission in evidence of the test taken at the 
        direction of a peace officer unless the additional test was 
        prevented or denied by the peace officer. 
           (c) The physician, medical technician, physician's trained 
        mobile intensive care paramedic, medical technologist, 
        laboratory assistant, or registered nurse drawing blood at the 
        request of a peace officer for the purpose of determining the 
        concentration of alcohol, controlled substances, or hazardous 
        substances is in no manner liable in any civil or criminal 
        action except for negligence in drawing the blood.  The person 
        administering a breath test must be fully trained in the 
        administration of breath tests pursuant to training given by the 
        commissioner of public safety. [169.123, subd. 3] 
           Sec. 32.  [169A.52] [TEST REFUSAL OR FAILURE; LICENSE 
        REVOCATION.] 
           Subdivision 1.  [TEST REFUSAL.] If a person refuses to 
        permit a test, then a test must not be given, but the peace 
        officer shall report the refusal to the commissioner and the 
        authority having responsibility for prosecution of impaired 
        driving offenses for the jurisdiction in which the acts 
        occurred.  However, if a peace officer has probable cause to 
        believe that the person has violated section 609.21 (criminal 
        vehicular homicide and injury), a test may be required and 
        obtained despite the person's refusal.  A refusal to submit to 
        an alcohol concentration test does not constitute a violation of 
        section 609.50 (obstructing legal process), unless the refusal 
        was accompanied by force or violence or the threat of force or 
        violence. [169.123, subd. 4, par. (a)] 
           Subd. 2.  [TEST FAILURE.] If a person submits to a test, 
        the results of that test must be reported to the commissioner 
        and to the authority having responsibility for prosecution of 
        impaired driving offenses for the jurisdiction in which the acts 
        occurred, if the test results indicate: 
           (1) an alcohol concentration of 0.10 or more; 
           (2) an alcohol concentration of 0.04 or more, if the person 
        was driving, operating, or in physical control of a commercial 
        motor vehicle at the time of the violation; or 
           (3) the presence of a controlled substance listed in 
        schedule I or II, other than marijuana or 
        tetrahydrocannabinols. [169.123, subd. 4, par. (b)] 
           Subd. 3.  [TEST REFUSAL; LICENSE REVOCATION.] (a) Upon 
        certification by the peace officer that there existed probable 
        cause to believe the person had been driving, operating, or in 
        physical control of a motor vehicle in violation of section 
        169A.20 (driving while impaired), and that the person refused to 
        submit to a test, the commissioner shall revoke the person's 
        license or permit to drive, or nonresident operating privilege, 
        for a period of one year even if a test was obtained pursuant to 
        this section after the person refused to submit to testing. 
           (b) Upon certification by the peace officer that there 
        existed probable cause to believe the person had been driving, 
        operating, or in physical control of a commercial motor vehicle 
        with the presence of any alcohol in violation of section 169A.20 
        (driving while impaired), and that the person refused to submit 
        to a test, the commissioner shall disqualify the person from 
        operating a commercial motor vehicle for a period of one year 
        under section 171.165 (commercial driver's license 
        disqualification) and shall revoke the person's license or 
        permit to drive or nonresident operating privilege for a period 
        of one year. [169.123, subd. 4, par. (c) and (d)] 
           Subd. 4.  [TEST FAILURE; LICENSE REVOCATION.] (a) Upon 
        certification by the peace officer that there existed probable 
        cause to believe the person had been driving, operating, or in 
        physical control of a motor vehicle in violation of section 
        169A.20 (driving while impaired) and that the person submitted 
        to a test and the test results indicate an alcohol concentration 
        of 0.10 or more or the presence of a controlled substance listed 
        in schedule I or II, other than marijuana or 
        tetrahydrocannabinols, then the commissioner shall revoke the 
        person's license or permit to drive, or nonresident operating 
        privilege: 
           (1) for a period of 90 days; 
           (2) if the person is under the age of 21 years, for a 
        period of six months; 
           (3) for a person with a qualified prior impaired driving 
        incident within the past ten years, for a period of 180 days; or 
           (4) if the test results indicate an alcohol concentration 
        of 0.20 or more, for twice the applicable period in clauses (1) 
        to (3). 
           (b) On certification by the peace officer that there 
        existed probable cause to believe the person had been driving, 
        operating, or in physical control of a commercial motor vehicle 
        with any presence of alcohol and that the person submitted to a 
        test and the test results indicated an alcohol concentration of 
        0.04 or more, the commissioner shall disqualify the person from 
        operating a commercial motor vehicle under section 171.165 
        (commercial driver's license disqualification). [169.123, subd. 
        4, par. (e) and (f)] 
           Subd. 5.  [UNLICENSED DRIVERS; LICENSE ISSUANCE DENIAL.] If 
        the person is a resident without a license or permit to operate 
        a motor vehicle in this state, the commissioner shall deny to 
        the person the issuance of a license or permit after the date of 
        the alleged violation for the same period as provided in this 
        section for revocation, subject to review as provided in section 
        169A.53 (administrative and judicial review of license 
        revocation). [169.123, subd. 4, par. (g)] 
           Subd. 6.  [NOTICE OF REVOCATION, DISQUALIFICATION, OR 
        DETERMINATION TO DENY; REQUEST FOR HEARING.] A revocation under 
        this section or a disqualification under section 171.165 
        (commercial driver's license disqualification) becomes effective 
        at the time the commissioner or a peace officer acting on behalf 
        of the commissioner notifies the person of the intention to 
        revoke, disqualify, or both, and of revocation or 
        disqualification.  The notice must advise the person of the 
        right to obtain administrative and judicial review as provided 
        in section 169A.53 (administrative and judicial review of 
        license revocation).  If mailed, the notice and order of 
        revocation or disqualification is deemed received three days 
        after mailing to the last known address of the person.  
        [169.123, subd. 5] 
           Subd. 7.  [TEST REFUSAL; DRIVING PRIVILEGE LOST.] (a) On 
        behalf of the commissioner, a peace officer requiring a test or 
        directing the administration of a chemical test shall serve 
        immediate notice of intention to revoke and of revocation on a 
        person who refuses to permit a test or on a person who submits 
        to a test the results of which indicate an alcohol concentration 
        of 0.10 or more. 
           (b) On behalf of the commissioner, a peace officer 
        requiring a test or directing the administration of a chemical 
        test of a person driving, operating, or in physical control of a 
        commercial motor vehicle shall serve immediate notice of 
        intention to disqualify and of disqualification on a person who 
        refuses to permit a test, or on a person who submits to a test 
        the results of which indicate an alcohol concentration of 0.04 
        or more. 
           (c) The officer shall either: 
           (1) take the driver's license or permit, if any, send it to 
        the commissioner along with the certificate required by 
        subdivision 3 or 4, and issue a temporary license effective only 
        for seven days; or 
           (2) invalidate the driver's license or permit in such a way 
        that no identifying information is destroyed. [169.123, subd. 
        5a] 
           Subd. 8.  [NOTICE OF ACTION TO OTHER STATES.] When a 
        nonresident's privilege to operate a motor vehicle in this state 
        has been revoked or denied, the commissioner shall give 
        information in writing of the action taken to the official in 
        charge of traffic control or public safety of the state of the 
        person's residence and of any state in which the person has a 
        license. [169.123, subd. 8] 
           Sec. 33.  [169A.53] [ADMINISTRATIVE AND JUDICIAL REVIEW OF 
        LICENSE REVOCATION.] 
           Subdivision 1.  [ADMINISTRATIVE REVIEW.] (a) At any time 
        during a period of revocation imposed under section 169A.52 
        (revocation of license for test failure or refusal) or a period 
        of disqualification imposed under section 171.165 (commercial 
        driver's license disqualification), a person may request in 
        writing a review of the order of revocation or disqualification 
        by the commissioner, unless the person is entitled to review 
        under section 171.166 (review of disqualification).  Upon 
        receiving a request the commissioner or the commissioner's 
        designee shall review the order, the evidence upon which the 
        order was based, and any other material information brought to 
        the attention of the commissioner, and determine whether 
        sufficient cause exists to sustain the order.  Within 15 days of 
        receiving the request the commissioner shall report in writing 
        the results of the review.  The review provided in this 
        subdivision is not subject to the contested case provisions of 
        the Administrative Procedure Act in sections 14.001 to 14.69. 
           (b) The availability of administrative review for an order 
        of revocation or disqualification has no effect upon the 
        availability of judicial review under this section. 
           (c) Review under this subdivision must take place, if 
        possible, at the same time as any administrative review of the 
        person's impoundment order under section 169A.60, subdivision 9. 
        [169.123, subd. 5b] 
           Subd. 2.  [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 
        days following receipt of a notice and order of revocation or 
        disqualification pursuant to section 169A.52 (revocation of 
        license for test failure or refusal), a person may petition the 
        court for review.  The petition must be filed with the district 
        court administrator in the county where the alleged offense 
        occurred, together with proof of service of a copy on the 
        commissioner, and accompanied by the standard filing fee for 
        civil actions.  Responsive pleading is not required of the 
        commissioner, and court fees must not be charged for the 
        appearance of the commissioner in the matter. 
           (b) The petition must: 
           (1) be captioned in the full name of the person making the 
        petition as petitioner and the commissioner as respondent; 
           (2) include the petitioner's date of birth, driver's 
        license number, and date of the offense; and 
           (3) state with specificity the grounds upon which the 
        petitioner seeks rescission of the order of revocation, 
        disqualification, or denial. 
           (c) The filing of the petition does not stay the 
        revocation, disqualification, or denial.  The reviewing court 
        may order a stay of the balance of the revocation or 
        disqualification if the hearing has not been conducted within 60 
        days after filing of the petition upon terms the court deems 
        proper. 
           (d) Judicial reviews must be conducted according to the 
        Rules of Civil Procedure, except that prehearing discovery is 
        mandatory and is limited to: 
           (1) the notice of revocation; 
           (2) the test record or, in the case of blood or urine 
        tests, the certificate of analysis; 
           (3) the peace officer's certificate and any accompanying 
        documentation submitted by the arresting officer to the 
        commissioner; and 
           (4) disclosure of potential witnesses, including experts, 
        and the basis of their testimony.  
           Other types of discovery are available only upon order of 
        the court. [169.123, subd. 5c] 
           Subd. 3.  [HEARING.] (a) A judicial review hearing under 
        this section must be before a district judge in any county in 
        the judicial district where the alleged offense occurred.  The 
        hearing is to the court and may be conducted at the same time 
        and in the same manner as hearings upon pretrial motions in the 
        criminal prosecution under section 169A.20 (driving while 
        impaired), if any.  The hearing must be recorded.  The 
        commissioner shall appear and be represented by the attorney 
        general or through the prosecuting authority for the 
        jurisdiction involved.  The hearing must be held at the earliest 
        practicable date, and in any event no later than 60 days 
        following the filing of the petition for review.  The judicial 
        district administrator shall establish procedures to ensure 
        efficient compliance with this subdivision.  To accomplish this, 
        the administrator may, whenever possible, consolidate and 
        transfer review hearings among the locations within the judicial 
        district where terms of district court are held. 
           (b) The scope of the hearing is limited to the issues in 
        clauses (1) to (10): 
           (1) Did the peace officer have probable cause to believe 
        the person was driving, operating, or in physical control of a 
        motor vehicle or commercial motor vehicle in violation of 
        section 169A.20 (driving while impaired)? 
           (2) Was the person lawfully placed under arrest for 
        violation of section 169A.20? 
           (3) Was the person involved in a motor vehicle accident or 
        collision resulting in property damage, personal injury, or 
        death? 
           (4) Did the person refuse to take a screening test provided 
        for by section 169A.41 (preliminary screening test)? 
           (5) If the screening test was administered, did the test 
        indicate an alcohol concentration of 0.10 or more? 
           (6) At the time of the request for the test, did the peace 
        officer inform the person of the person's rights and the 
        consequences of taking or refusing the test as required by 
        section 169A.51, subdivision 2? 
           (7) Did the person refuse to permit the test? 
           (8) If a test was taken by a person driving, operating, or 
        in physical control of a motor vehicle, did the test results 
        indicate at the time of testing: 
           (i) an alcohol concentration of 0.10 or more; or 
           (ii) the presence of a controlled substance listed in 
        schedule I or II, other than marijuana or tetrahydrocannabinols? 
           (9) If a test was taken by a person driving, operating, or 
        in physical control of a commercial motor vehicle, did the test 
        results indicate an alcohol concentration of 0.04 or more at the 
        time of testing? 
           (10) Was the testing method used valid and reliable and 
        were the test results accurately evaluated? 
           (c) It is an affirmative defense for the petitioner to 
        prove that, at the time of the refusal, the petitioner's refusal 
        to permit the test was based upon reasonable grounds. 
           (d) Certified or otherwise authenticated copies of 
        laboratory or medical personnel reports, records, documents, 
        licenses, and certificates are admissible as substantive 
        evidence. 
           (e) The court shall order that the revocation or 
        disqualification be either rescinded or sustained and forward 
        the order to the commissioner.  The court shall file its order 
        within 14 days following the hearing.  If the revocation or 
        disqualification is sustained, the court shall also forward the 
        person's driver's license or permit to the commissioner for 
        further action by the commissioner if the license or permit is 
        not already in the commissioner's possession. 
           (f) Any party aggrieved by the decision of the reviewing 
        court may appeal the decision as provided in the rules of 
        appellate procedure. [169.123, subds. 6 and 7] 
           Sec. 34.  [169A.54] [IMPAIRED DRIVING CONVICTIONS AND 
        ADJUDICATIONS; ADMINISTRATIVE PENALTIES.] 
           Subdivision 1.  [DRIVING WHILE IMPAIRED 
        CONVICTIONS.] Except as provided in subdivision 7, the 
        commissioner shall revoke the driver's license of a person 
        convicted of violating section 169A.20 (driving while impaired) 
        or an ordinance in conformity with it, as follows: 
           (1) for an offense under section 169A.20, subdivision 1 
        (driving while impaired crime):  not less than 30 days; 
           (2) for an offense under section 169A.20, subdivision 2 
        (refusal to submit to chemical test crime):  not less than 90 
        days; 
           (3) for an offense occurring within ten years of a 
        qualified prior impaired driving incident: 
           (i) if the current conviction is for a violation of section 
        169A.20, subdivision 1, not less than 180 days and until the 
        court has certified that treatment or rehabilitation has been 
        successfully completed where prescribed in accordance with 
        section 169A.70 (chemical use assessments); or 
           (ii) if the current conviction is for a violation of 
        section 169A.20, subdivision 2, not less than one year and until 
        the court has certified that treatment or rehabilitation has 
        been successfully completed where prescribed in accordance with 
        section 169A.70; 
           (4) for an offense occurring within ten years of the first 
        of two qualified prior impaired driving incidents:  not less 
        than one year, together with denial under section 171.04, 
        subdivision 1, clause (9), until rehabilitation is established 
        in accordance with standards established by the commissioner; or 
           (5) for an offense occurring within ten years of the first 
        of three or more qualified prior impaired driving incidents:  
        not less than two years, together with denial under section 
        171.04, subdivision 1, clause (9), until rehabilitation is 
        established in accordance with standards established by the 
        commissioner. [169.121, subd. 4, par. (a)] 
           Subd. 2.  [DRIVING WHILE IMPAIRED BY PERSON UNDER AGE 
        21.] If the person convicted of violating section 169A.20 
        (driving while impaired) is under the age of 21 years at the 
        time of the violation, the commissioner shall revoke the 
        offender's driver's license or operating privileges for a period 
        of six months or for the appropriate period of time under 
        subdivision 1, clauses (1) to (5), for the offense committed, 
        whichever is the greatest period. [169.121, subd. 4, par. (b)] 
           Subd. 3.  [JUVENILE ADJUDICATIONS.] For purposes of this 
        section, a juvenile adjudication under section 169A.20 (driving 
        while impaired), an ordinance in conformity with it, or a 
        statute or ordinance from another state in conformity with it is 
        an offense. [169.121, subd. 4, par. (c)] 
           Subd. 4.  [VIOLATIONS INVOLVING PERSONAL INJURY.] Whenever 
        department records show that the violation involved personal 
        injury or death to any person, at least 90 additional days must 
        be added to the base periods provided in subdivisions 1 to 
        3. [169.121, subd. 4, par. (d)] 
           Subd. 5.  [VIOLATIONS INVOLVING AN ALCOHOL CONCENTRATION OF 
        0.20 OR MORE.] If the person is convicted of violating section 
        169A.20 (driving while impaired) while having an alcohol 
        concentration of 0.20 or more as measured at the time, or within 
        two hours of the time, of the offense, the commissioner shall 
        revoke the person's driver's license for twice the period of 
        time otherwise provided for in this section. [169.121, subd. 4, 
        par. (e)] 
           Subd. 6.  [APPLICABILITY OF IMPLIED CONSENT REVOCATION 
        PROVISIONS.] Except for a person whose license has been revoked 
        under subdivision 2, and except for a person convicted of a 
        violation of section 169A.20 (driving while impaired) while 
        having a child under the age of 16 in the vehicle if the child 
        is more than 36 months younger than the offender, any person 
        whose license has been revoked pursuant to section 169A.52 
        (license revocation for test failure or refusal) as the result 
        of the same incident, and who does not have a qualified prior 
        impaired driving incident, is subject to the mandatory 
        revocation provisions of subdivision 1, clause (1) or (2), in 
        lieu of the mandatory revocation provisions of section 
        169A.52. [169.121, subd. 4, par. (f)] 
           Subd. 7.  [ALCOHOL-RELATED COMMERCIAL VEHICLE DRIVING 
        VIOLATIONS.] (a) The administrative penalties described in 
        subdivision 1 do not apply to violations of section 169A.20, 
        subdivision 1 (driving while impaired crime), by a person 
        operating a commercial motor vehicle unless the person's alcohol 
        concentration as measured at the time, or within two hours of 
        the time, of the operation was 0.10 or more or the person 
        violates section 169A.20, subdivision 1, clauses (1) to (4) or 
        (7). 
           (b) The commissioner shall disqualify a person from 
        operating a commercial motor vehicle as provided under section 
        171.165 (commercial driver's license, disqualification), on 
        receipt of a record of conviction for a violation of section 
        169A.20.  
           (c) A person driving, operating, or in physical control of 
        a commercial motor vehicle with any presence of alcohol is 
        prohibited from operating a commercial motor vehicle for 24 
        hours from issuance of an out-of-service order. [169.1211, subd. 
        4, and 169.1215] 
           Subd. 8.  [UNDERAGE DRINKING AND DRIVING VIOLATIONS.] The 
        administrative penalties described in section 169A.33, 
        subdivision 3, apply to violations of section 169A.33 (underage 
        drinking and driving). [new; see also 169.1218, par. (c)] 
           Subd. 9.  [ALCOHOL-RELATED SCHOOL BUS DRIVING 
        VIOLATIONS.] The administrative penalties described in section 
        171.3215 (canceling school bus endorsements for certain offenses)
        apply to violations of section 169A.20 (driving while impaired) 
        by a person driving, operating, or in physical control of a 
        school bus or Head Start bus. [new] 
           Subd. 10.  [LICENSE REVOCATION; COURT INVALIDATION.] (a) 
        Except as provided in subdivision 7, on behalf of the 
        commissioner, a court shall serve notice of revocation or 
        cancellation on a person convicted of a violation of section 
        169A.20 (driving while impaired) unless the commissioner has 
        already revoked the person's driving privileges or served the 
        person with a notice of revocation for a violation of section 
        169A.52 (license revocation for test failure or refusal) arising 
        out of the same incident. 
           (b) The court shall invalidate the driver's license or 
        permit in such a way that no identifying information is 
        destroyed. [169.121, subd. 7] 
           Subd. 11.  [CHEMICAL USE ASSESSMENT.] When the evidentiary 
        test shows an alcohol concentration of 0.07 or more, that result 
        must be reported to the commissioner.  The commissioner shall 
        record that fact on the driver's record.  When the driver's 
        record shows a second or subsequent report of an alcohol 
        concentration of 0.07 or more within two years of a recorded 
        report, the commissioner may require that the driver have a 
        chemical use assessment meeting the commissioner's 
        requirements.  The assessment must be at the driver's expense.  
        In no event shall the commissioner deny the license of a person 
        who refuses to take the assessment or to undertake treatment, if 
        treatment is indicated by the assessment, for longer than 90 
        days.  If an assessment is made pursuant to this section, the 
        commissioner may waive the assessment required by section 
        169A.70. [169.121, subd. 8] 
           Sec. 35.  [169A.55] [LICENSE REVOCATION TERMINATION; 
        LICENSE REINSTATEMENT.] 
           Subdivision 1.  [TERMINATION OF REVOCATION PERIOD.] If the 
        commissioner receives notice of the driver's attendance at a 
        driver improvement clinic, attendance at counseling sessions, or 
        participation in treatment for an alcohol problem, the 
        commissioner may, 30 days prior to the time the revocation 
        period would otherwise expire, terminate the revocation period.  
        The commissioner shall not terminate the revocation period under 
        this subdivision for a driver who has had a license revoked 
        under section 169A.52 (license revocation for test failure or 
        refusal); 169A.54 (impaired driving convictions and 
        adjudications; administrative penalties); or Minnesota Statutes 
        1998, section 169.121 (driving under the influence of alcohol or 
        controlled substances); or 169.123 (implied consent) for another 
        incident during the preceding three-year period. [169.123, subd. 
        10] 
           Subd. 2.  [REINSTATEMENT OF DRIVING PRIVILEGES; 
        NOTICE.] Upon expiration of a period of revocation under section 
        169A.52 (license revocation for test failure or refusal) or 
        169A.54 (impaired driving convictions and adjudications; 
        administrative penalties), the commissioner shall notify the 
        person of the terms upon which driving privileges can be 
        reinstated, and new registration plates issued, which terms are: 
        (1) successful completion of an examination and proof of 
        compliance with any terms of alcohol treatment or counseling 
        previously prescribed, if any; and (2) any other requirements 
        imposed by the commissioner and applicable to that particular 
        case.  The commissioner shall notify the owner of a motor 
        vehicle subject to an impoundment order under section 169A.60 
        (administrative impoundment of plates) as a result of the 
        violation of the procedures for obtaining new registration 
        plates, if the owner is not the violator.  The commissioner 
        shall also notify the person that if driving is resumed without 
        reinstatement of driving privileges or without valid 
        registration plates and registration certificate, the person 
        will be subject to criminal penalties. [169.1261] 
           Sec. 36.  [169A.60] [ADMINISTRATIVE IMPOUNDMENT OF PLATES.] 
           Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
        the following terms have the meanings given in this subdivision. 
           (b) "Motor vehicle" means a self-propelled motor vehicle 
        other than a motorboat in operation or a recreational vehicle. 
           (c) "Plate impoundment violation" includes: 
           (1) a violation of section 169A.20 (driving while impaired) 
        or 169A.52 (license revocation for test failure or refusal), or 
        a conforming ordinance from this state or a conforming statute 
        or ordinance from another state, that results in the revocation 
        of a person's driver's license or driving privileges, within ten 
        years of a qualified prior impaired driving incident; 
           (2) a license disqualification under section 171.165 
        (commercial driver's license disqualification) resulting from a 
        violation of section 169A.52 within ten years of a qualified 
        prior impaired driving incident; 
           (3) a violation of section 169A.20 while having an alcohol 
        concentration of 0.20 or more as measured at the time, or within 
        two hours of the time, of the offense; 
           (4) a violation of section 169A.20 while having a child 
        under the age of 16 in the vehicle if the child is more than 36 
        months younger than the offender; and 
           (5) a violation of section 171.24 (driving without valid 
        license) by a person whose driver's license or driving 
        privileges have been canceled under section 171.04, subdivision 
        1, clause (9) (persons not eligible for driver's license, 
        inimical to public safety). 
           (d) "Violator" means a person who was driving, operating, 
        or in physical control of the motor vehicle when the plate 
        impoundment violation occurred. 
           Subd. 2.  [PLATE IMPOUNDMENT VIOLATION; ISSUANCE OF 
        IMPOUNDMENT ORDER.] (a) The commissioner shall issue a 
        registration plate impoundment order when: 
           (1) a person's driver's license or driving privileges are 
        revoked for a plate impoundment violation; or 
           (2) a person is arrested for or charged with a plate 
        impoundment violation described in subdivision 1, paragraph (c), 
        clause (5). 
           (b) The order must require the impoundment of the 
        registration plates of the motor vehicle involved in the plate 
        impoundment violation and all motor vehicles owned by, 
        registered, or leased in the name of the violator, including 
        motor vehicles registered jointly or leased in the name of the 
        violator and another.  The commissioner shall not issue an 
        impoundment order for the registration plates of a rental 
        vehicle, as defined in section 168.041, subdivision 10, or a 
        vehicle registered in another state. 
           Subd. 3.  [NOTICE OF IMPOUNDMENT.] An impoundment order is 
        effective when the commissioner or a peace officer acting on 
        behalf of the commissioner notifies the violator or the 
        registered owner of the motor vehicle of the intent to impound 
        and order of impoundment.  The notice must advise the violator 
        of the duties and obligations set forth in subdivision 6 
        (surrender of plates) and of the right to obtain administrative 
        and judicial review.  The notice to the registered owner who is 
        not the violator must include the procedure to obtain new 
        registration plates under subdivision 8.  If mailed, the notice 
        and order of impoundment is deemed received three days after 
        mailing to the last known address of the violator or the 
        registered owner. 
           Subd. 4.  [PEACE OFFICER AS AGENT FOR NOTICE OF 
        IMPOUNDMENT.] On behalf of the commissioner, a peace officer 
        issuing a notice of intent to revoke and of revocation for a 
        plate impoundment violation shall also serve a notice of intent 
        to impound and an order of impoundment.  On behalf of the 
        commissioner, a peace officer who is arresting a person for or 
        charging a person with a plate impoundment violation described 
        in subdivision 1, paragraph (c), clause (5), shall also serve a 
        notice of intent to impound and an order of impoundment.  If the 
        vehicle involved in the plate impoundment violation is 
        accessible to the officer at the time the impoundment order is 
        issued, the officer shall seize the registration plates subject 
        to the impoundment order.  The officer shall destroy all plates 
        seized or impounded under this section.  The officer shall send 
        to the commissioner copies of the notice of intent to impound 
        and the order of impoundment and a notice that registration 
        plates impounded and seized under this section have been 
        destroyed. 
           Subd. 5.  [TEMPORARY PERMIT.] If the motor vehicle is 
        registered to the violator, the officer shall issue a temporary 
        vehicle permit that is valid for seven days when the officer 
        issues the notices under subdivision 4.  If the motor vehicle is 
        registered in the name of another, the officer shall issue a 
        temporary vehicle permit that is valid for 45 days when the 
        notices are issued under subdivision 3.  The permit must be in a 
        form determined by the registrar and whenever practicable must 
        be posted on the left side of the inside rear window of the 
        vehicle.  A permit is valid only for the vehicle for which it is 
        issued. 
           Subd. 6.  [SURRENDER OF PLATES.] Within seven days after 
        issuance of the impoundment notice, a person who receives a 
        notice of impoundment and impoundment order shall surrender all 
        registration plates subject to the impoundment order that were 
        not seized by a peace officer under subdivision 4.  Registration 
        plates required to be surrendered under this subdivision must be 
        surrendered to a Minnesota police department, sheriff, or the 
        state patrol, along with a copy of the impoundment order.  A law 
        enforcement agency receiving registration plates under this 
        subdivision shall destroy the plates and notify the commissioner 
        that they have been destroyed.  The notification to the 
        commissioner shall also include a copy of the impoundment order. 
           Subd. 7.  [VEHICLE NOT OWNED BY VIOLATOR.] A violator may 
        file a sworn statement with the commissioner within seven days 
        of the issuance of an impoundment order stating any material 
        information relating to the impoundment order, including that 
        the vehicle has been sold or destroyed, and supplying the date, 
        name, location, and address of the person or entity that 
        purchased or destroyed the vehicle.  The commissioner shall 
        rescind the impoundment order if the violator shows that the 
        impoundment order was not properly issued. 
           Subd. 8.  [REISSUANCE OF REGISTRATION PLATES.] (a) The 
        commissioner shall rescind the impoundment order of a person 
        subject to an order under this section, other than the violator, 
        if: 
           (1) the violator had a valid driver's license on the date 
        of the plate impoundment violation and the person files with the 
        commissioner an acceptable sworn statement containing the 
        following information: 
           (i) that the person is the registered owner of the vehicle 
        from which the plates have been impounded under this section; 
           (ii) that the person is the current owner and possessor of 
        the vehicle used in the violation; 
           (iii) the date on which the violator obtained the vehicle 
        from the registered owner; 
           (iv) the residence addresses of the registered owner and 
        the violator on the date the violator obtained the vehicle from 
        the registered owner; 
           (v) that the person was not a passenger in the vehicle at 
        the time of the plate impoundment violation; and 
           (vi) that the person knows that the violator may not drive, 
        operate, or be in physical control of a vehicle without a valid 
        driver's license; or 
           (2) the violator did not have a valid driver's license on 
        the date of the plate impoundment violation and the person made 
        a report to law enforcement before the violation stating that 
        the vehicle had been taken from the person's possession or was 
        being used without permission. 
           (b) A person who has failed to make a report as provided in 
        paragraph (a), clause (2), may be issued special registration 
        plates under subdivision 13 for a period of one year from the 
        effective date of the impoundment order.  At the next 
        registration renewal following this period, the person may apply 
        for regular registration plates. 
           (c) If the order is rescinded, the owner shall receive new 
        registration plates at no cost, if the plates were seized and 
        destroyed. 
           Subd. 9.  [ADMINISTRATIVE REVIEW.] (a) At any time during 
        the effective period of an impoundment order, a person may 
        request in writing a review of the impoundment order by the 
        commissioner.  On receiving a request, the commissioner or the 
        commissioner's designee shall review the order, the evidence 
        upon which the order was based, and any other material 
        information brought to the attention of the commissioner, and 
        determine whether sufficient cause exists to sustain the order.  
        The commissioner shall report in writing the results of the 
        review within 15 days of receiving the request.  The review 
        provided in this subdivision is not subject to the contested 
        case provisions of the Administrative Procedure Act in sections 
        14.001 to 14.69.  As a result of this review, the commissioner 
        may authorize the issuance at no cost of new registration plates 
        to the registered owner of the vehicle if the registered owner's 
        license or driving privileges were not revoked as a result of 
        the plate impoundment violation. 
           (b) Review under this subdivision must take place, if 
        possible, at the same time as any administrative review of the 
        person's license revocation under section 169A.53 
        (administrative and judicial review of license revocation). 
           Subd. 10.  [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 
        days following receipt of a notice and order of impoundment 
        under this section, a person may petition the court for review.  
        The petition must include the petitioner's date of birth, 
        driver's license number, and date of the plate impoundment 
        violation.  The petition must state with specificity the grounds 
        upon which the petitioner seeks rescission of the order for 
        impoundment.  The petition may be combined with any petition 
        filed under section 169A.53 (administrative and judicial review 
        of license revocation). 
           (b) Except as otherwise provided in this section, the 
        judicial review and hearing are governed by section 169A.53 and 
        must take place at the same time as any judicial review of the 
        person's license revocation under section 169A.53.  The filing 
        of the petition does not stay the impoundment order.  The 
        reviewing court may order a stay of the balance of the 
        impoundment period if the hearing has not been conducted within 
        60 days after filing of the petition upon terms the court deems 
        proper.  The court shall order either that the impoundment be 
        rescinded or sustained, and forward the order to the 
        commissioner.  The court shall file its order within 14 days 
        following the hearing. 
           (c) In addition to the issues described in section 169A.53, 
        subdivision 3 (judicial review of license revocation), the scope 
        of a hearing under this subdivision is limited to: 
           (1) whether the violator owns, is the registered owner of, 
        possesses, or has access to the vehicle used in the plate 
        impoundment violation; 
           (2) whether a member of the violator's household has a 
        valid driver's license, the violator or registered owner has a 
        limited license issued under section 171.30, the registered 
        owner is not the violator, and the registered owner has a valid 
        or limited driver's license, or a member of the registered 
        owner's household has a valid driver's license; and 
           (3) if the impoundment is based on a plate impoundment 
        violation described in subdivision 1, paragraph (c), clause (3) 
        or (4), whether the peace officer had probable cause to believe 
        the violator committed the plate impoundment violation and 
        whether the evidence demonstrates that the plate impoundment 
        violation occurred. 
           (d) In a hearing under this subdivision, the following 
        records are admissible in evidence: 
           (1) certified copies of the violator's driving record; and 
           (2) certified copies of vehicle registration records 
        bearing the violator's name. 
           Subd. 11.  [RESCISSION OF REVOCATION; DISMISSAL OR 
        ACQUITTAL; NEW PLATES.] If: 
           (1) the driver's license revocation that is the basis for 
        an impoundment order is rescinded; 
           (2) the charges for the plate impoundment violation have 
        been dismissed with prejudice; or 
           (3) the violator has been acquitted of the plate 
        impoundment violation; 
        then the registrar of motor vehicles shall issue new 
        registration plates for the vehicle at no cost, when the 
        registrar receives an application that includes a copy of the 
        order rescinding the driver's license revocation, the order 
        dismissing the charges, or the judgment of acquittal. 
           Subd. 12.  [CHARGE FOR REINSTATEMENT OF PLATES IN CERTAIN 
        SITUATIONS.] When the registrar of motor vehicles reinstates a 
        person's registration plates after impoundment for reasons other 
        than those described in subdivision 11, the registrar shall 
        charge the person $50 for each vehicle for which the 
        registration plates are being reinstated. 
           Subd. 13.  [SPECIAL REGISTRATION PLATES.] A violator or 
        registered owner may apply to the commissioner for new 
        registration plates, which must bear a special series of numbers 
        or letters so as to be readily identified by traffic law 
        enforcement officers.  The commissioner may authorize the 
        issuance of special plates if: 
           (1) the violator has a qualified licensed driver whom the 
        violator must identify; 
           (2) the violator or registered owner has a limited license 
        issued under section 171.30; 
           (3) the registered owner is not the violator and the 
        registered owner has a valid or limited driver's license; or 
           (4) a member of the registered owner's household has a 
        valid driver's license. 
        The commissioner may issue the special plates on payment of a 
        $50 fee for each vehicle for which special plates are requested. 
           Subd. 14.  [SALE OF VEHICLE SUBJECT TO IMPOUNDMENT 
        ORDER.] A registered owner may not sell a motor vehicle during 
        the time its registration plates have been ordered impounded or 
        during the time its registration plates bear a special series 
        number, unless: 
           (1) the sale is for a valid consideration; 
           (2) the transferee does not reside in the same household as 
        the registered owner; and 
           (3) all elements of section 168A.10 (transfer of interest 
        by owner) are satisfied. 
           The registrar may then transfer the title to the new owner 
        upon proper application and issue new registration plates. 
           Subd. 15.  [ACQUIRING ANOTHER VEHICLE.] If the violator 
        applies to the commissioner for registration plates for any 
        vehicle during the effective period of the plate impoundment, 
        the commissioner shall not issue registration plates unless the 
        violator qualifies for special registration plates under 
        subdivision 13 and unless the plates issued are special plates 
        as described in subdivision 13. 
           Subd. 16.  [FEES CREDITED TO HIGHWAY USER FUND.] Fees 
        collected from the sale or reinstatement of license plates under 
        this section must be paid into the state treasury and credited 
        one-half to the highway user tax distribution fund and one-half 
        to the general fund. 
           Subd. 17.  [PLATE IMPOUNDMENT; PENALTY.] Criminal penalties 
        for violating this section are governed by section 169A.37.  
           Subd. 18.  [STOP OF VEHICLES BEARING SPECIAL PLATES.] The 
        authority of a peace officer to stop a vehicle bearing special 
        plates is governed by section 168.0422. [168.042] 
           Sec. 37.  [169A.63] [VEHICLE FORFEITURE FOR DESIGNATED 
        OFFENSE OR LICENSE REVOCATION.] 
           Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
        the following terms have the meanings given them.  
           (b) "Appropriate agency" means a law enforcement agency 
        that has the authority to make an arrest for a violation of a 
        designated offense or to require a test under section 169A.51 
        (chemical tests for intoxication). 
           (c) "Designated license revocation" includes a license 
        revocation under section 169A.52 (license revocation for test 
        failure or refusal) or a license disqualification under section 
        171.165 (commercial driver's license disqualification) resulting 
        from a violation of section 169A.52; within ten years of the 
        first of two or more qualified prior impaired driving incidents. 
           (d) "Designated offense" includes: 
           (1) a violation of section 169A.20 (driving while impaired) 
        under the circumstances described in section 169A.25 
        (first-degree driving while impaired); or 
           (2) a violation of section 169A.20 or an ordinance in 
        conformity with it: 
           (i) by a person whose driver's license or driving 
        privileges have been canceled as inimical to public safety under 
        section 171.04, subdivision 1, clause (9); or 
           (ii) by a person who is subject to a restriction on the 
        person's driver's license under section 171.09 (commissioner's 
        license restrictions), which provides that the person may not 
        use or consume any amount of alcohol or a controlled substance. 
           (e) "Motor vehicle" and "vehicle" do not include a vehicle 
        which is stolen or taken in violation of the law. 
           (f) "Owner" means the registered owner of the motor vehicle 
        according to records of the department of public safety and 
        includes a lessee of a motor vehicle if the lease agreement has 
        a term of 180 days or more. 
           (g) "Prosecuting authority" means the attorney in the 
        jurisdiction in which the designated offense occurred who is 
        responsible for prosecuting violations of a designated offense. 
           Subd. 2.  [SEIZURE.] (a) A motor vehicle subject to 
        forfeiture under this section may be seized by the appropriate 
        agency upon process issued by any court having jurisdiction over 
        the vehicle. 
           (b) Property may be seized without process if: 
           (1) the seizure is incident to a lawful arrest or a lawful 
        search; 
           (2) the vehicle subject to seizure has been the subject of 
        a prior judgment in favor of the state in a criminal injunction 
        or forfeiture proceeding under this section; or 
           (3) the appropriate agency has probable cause to believe 
        that the delay occasioned by the necessity to obtain process 
        would result in the removal or destruction of the vehicle.  If 
        property is seized without process under this clause, the 
        prosecuting authority must institute a forfeiture action under 
        this section as soon as is reasonably possible. 
           Subd. 3.  [RIGHT TO POSSESSION VESTS IMMEDIATELY; CUSTODY 
        OF SEIZED VEHICLE.] All right, title, and interest in a vehicle 
        subject to forfeiture under this section vests in the 
        appropriate agency upon commission of the conduct resulting in 
        the designated offense or designated license revocation giving 
        rise to the forfeiture.  Any vehicle seized under this section 
        is not subject to replevin, but is deemed to be in the custody 
        of the appropriate agency subject to the orders and decrees of 
        the court having jurisdiction over the forfeiture proceedings.  
        When a vehicle is seized under this section, the appropriate 
        agency may: 
           (1) place the vehicle under seal; 
           (2) remove the vehicle to a place designated by it; 
           (3) place a disabling device on the vehicle; and 
           (4) take other steps reasonable and necessary to secure the 
        vehicle and prevent waste. 
           Subd. 4.  [BOND BY OWNER FOR POSSESSION.] If the owner of a 
        vehicle that has been seized under this section seeks possession 
        of the vehicle before the forfeiture action is determined, the 
        owner may, subject to the approval of the appropriate agency, 
        give security or post bond payable to the appropriate agency in 
        an amount equal to the retail value of the seized vehicle.  On 
        posting the security or bond, the seized vehicle may be returned 
        to the owner only if a disabling device is attached to the 
        vehicle.  The forfeiture action must proceed against the 
        security as if it were the seized vehicle. 
           Subd. 5.  [EVIDENCE.] Certified copies of court records and 
        motor vehicle and driver's license records concerning qualified 
        prior impaired driving incidents are admissible as substantive 
        evidence where necessary to prove the commission of a designated 
        offense or the occurrence of a designated license revocation. 
           Subd. 6.  [MOTOR VEHICLE SUBJECT TO FORFEITURE.] A motor 
        vehicle is subject to forfeiture under this section if it was 
        used in the commission of a designated offense or was used in 
        conduct resulting in a designated license revocation. 
           Subd. 7.  [LIMITATIONS ON FORFEITURE OF MOTOR VEHICLE.] (a) 
        A vehicle is subject to forfeiture under this section only if: 
           (1) the driver is convicted of the designated offense upon 
        which the forfeiture is based; 
           (2) the driver fails to appear with respect to the 
        designated offense charge in violation of section 609.49 
        (release; failure to appear); or 
           (3) the driver's conduct results in a designated license 
        revocation and the driver either fails to seek administrative or 
        judicial review of the revocation in a timely manner as required 
        by section 169A.53 (administrative and judicial review of 
        license revocation), or the license revocation is sustained 
        under section 169A.53. 
           (b) A vehicle encumbered by a bona fide security interest, 
        or subject to a lease that has a term of 180 days or more, is 
        subject to the interest of the secured party or lessor unless 
        the party or lessor had knowledge of or consented to the act 
        upon which the forfeiture is based.  However, when the proceeds 
        of the sale of a seized vehicle do not equal or exceed the 
        outstanding loan balance, the appropriate agency shall remit all 
        proceeds of the sale to the secured party.  If the sale of the 
        vehicle is conducted in a commercially reasonable manner 
        consistent with the provisions of section 336.9-504, clause (3), 
        the agency is not liable to the secured party for any amount 
        owed on the loan in excess of the sale proceeds if the secured 
        party received notification of the time and place of the sale at 
        least three days prior to the sale. 
           (c) Notwithstanding paragraphs (b) and (d), the secured 
        party's, lessor's, or owner's interest in a vehicle is not 
        subject to forfeiture based solely on the secured party's, 
        lessor's, or owner's knowledge of the act or omission upon which 
        the forfeiture is based if the secured party, lessor, or owner 
        took reasonable steps to terminate use of the vehicle by the 
        offender. 
           (d) A motor vehicle is subject to forfeiture under this 
        section only if its owner knew or should have known of the 
        unlawful use or intended use. 
           (e) A vehicle subject to a security interest, based upon a 
        loan or other financing arranged by a financial institution, is 
        subject to the interest of the financial institution. 
           Subd. 8.  [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 
        motor vehicle used to commit a designated offense or used in 
        conduct resulting in a designated license revocation is subject 
        to administrative forfeiture under this subdivision. 
           (b) When a motor vehicle is seized under subdivision 2, the 
        appropriate agency shall serve the driver or operator of the 
        vehicle with a notice of the seizure and intent to forfeit the 
        vehicle.  Additionally, when a motor vehicle is seized under 
        subdivision 2, or within a reasonable time after that, all 
        persons known to have an ownership, possessory, or security 
        interest in the vehicle must be notified of the seizure and the 
        intent to forfeit the vehicle.  If the vehicle is required to be 
        registered under chapter 168, the notification to a person known 
        to have a security interest in the vehicle is required only if 
        the vehicle is registered under chapter 168 and the interest is 
        listed on the vehicle's title.  Notice mailed by certified mail 
        to the address shown in department of public safety records is 
        sufficient notice to the registered owner of the vehicle.  
        Otherwise, notice may be given in the manner provided by law for 
        service of a summons in a civil action. 
           (c) The notice must be in writing and contain: 
           (1) a description of the vehicle seized; 
           (2) the date of seizure; and 
           (3) notice of the right to obtain judicial review of the 
        forfeiture and of the procedure for obtaining that judicial 
        review, printed in English, Hmong, and Spanish.  Substantially 
        the following language must appear conspicuously:  "IF YOU DO 
        NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 
        STATUTES, SECTION 169A.63, SUBDIVISION 8, YOU LOSE THE RIGHT TO 
        A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 
        RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY.  YOU MAY NOT 
        HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 
        UNABLE TO AFFORD THE FEE.  IF THE PROPERTY IS WORTH $7,500 OR 
        LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT.  YOU DO NOT 
        HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS 
        WORTH LESS THAN $500." 
           (d) Within 30 days following service of a notice of seizure 
        and forfeiture under this subdivision, a claimant may file a 
        demand for a judicial determination of the forfeiture.  The 
        demand must be in the form of a civil complaint and must be 
        filed with the court administrator in the county in which the 
        seizure occurred, together with proof of service of a copy of 
        the complaint on the prosecuting authority having jurisdiction 
        over the forfeiture, and the standard filing fee for civil 
        actions unless the petitioner has the right to sue in forma 
        pauperis under section 563.01.  If the value of the seized 
        property is $7,500 or less, the claimant may file an action in 
        conciliation court for recovery of the seized vehicle.  If the 
        value of the seized property is less than $500, the claimant 
        does not have to pay the conciliation court filing fee.  No 
        responsive pleading is required of the prosecuting authority and 
        no court fees may be charged for the prosecuting authority's 
        appearance in the matter.  Except as provided in this section, 
        judicial reviews and hearings are governed by section 169A.53, 
        subdivisions 2 and 3, and shall take place at the same time as 
        any judicial review of the person's license revocation under 
        section 169A.53.  The proceedings may be combined with any 
        hearing on a petition filed under section 169A.53, subdivision 
        2, and are governed by the Rules of Civil Procedure. 
           (e) The complaint must be captioned in the name of the 
        claimant as plaintiff and the seized vehicle as defendant, and 
        must state with specificity the grounds on which the claimant 
        alleges the vehicle was improperly seized and the plaintiff's 
        interest in the vehicle seized.  Notwithstanding any law to the 
        contrary, an action for the return of a vehicle seized under 
        this section may not be maintained by or on behalf of any person 
        who has been served with a notice of seizure and forfeiture 
        unless the person has complied with this subdivision. 
           (f) If the claimant makes a timely demand for a judicial 
        determination under this subdivision, the appropriate agency 
        must conduct the forfeiture under subdivision 9. 
           (g) If a demand for judicial determination of an 
        administrative forfeiture is filed under this subdivision and 
        the court orders the return of the seized vehicle, the court 
        shall order that filing fees be reimbursed to the person who 
        filed the demand.  In addition, the court may order sanctions 
        under section 549.211 (sanctions in civil actions). 
           Subd. 9.  [JUDICIAL FORFEITURE PROCEDURE.] (a) This 
        subdivision governs judicial determinations of the forfeiture of 
        a motor vehicle used to commit a designated offense or used in 
        conduct resulting in a designated license revocation. 
           (b) A separate complaint must be filed against the vehicle, 
        describing it, specifying that it was used in the commission of 
        a designated offense or was used in conduct resulting in a 
        designated license revocation, and specifying the time and place 
        of its unlawful use.  If the forfeiture is based on the 
        commission of a designated offense and the person charged with 
        the designated offense appears in court as required and is not 
        convicted of the offense, the court shall dismiss the complaint 
        against the vehicle and order the property returned to the 
        person legally entitled to it.  If the forfeiture is based on a 
        designated license revocation, and the license revocation is 
        rescinded under section 169A.53 (administrative and judicial 
        review of license revocation), the court shall dismiss the 
        complaint against the vehicle and order the property returned to 
        the person legally entitled to it.  If the lawful ownership of 
        the vehicle used in the commission of a designated offense or 
        used in conduct resulting in a designated license revocation can 
        be determined and it is found the owner was not privy to 
        commission of a designated offense or was not privy to the 
        conduct resulting in the designated license revocation, the 
        vehicle must be returned immediately. 
           Subd. 10.  [DISPOSITION OF FORFEITED VEHICLE.] (a) If the 
        vehicle is administratively forfeited under subdivision 8, or if 
        the court finds under subdivision 9 that the vehicle is subject 
        to forfeiture under subdivisions 6 and 7, the appropriate agency 
        shall: 
           (1) sell the vehicle and distribute the proceeds under 
        paragraph (b); or 
           (2) keep the vehicle for official use.  If the agency keeps 
        a forfeited motor vehicle for official use, it shall make 
        reasonable efforts to ensure that the motor vehicle is available 
        for use by the agency's officers who participate in the drug 
        abuse resistance education program. 
           (b) The proceeds from the sale of forfeited vehicles, after 
        payment of seizure, storage, forfeiture, and sale expenses, and 
        satisfaction of valid liens against the property, must be 
        forwarded to the treasury of the political subdivision that 
        employs the appropriate agency responsible for the forfeiture 
        for use in DWI-related enforcement, training, and education.  If 
        the appropriate agency is an agency of state government, the net 
        proceeds must be forwarded to the state treasury and credited to 
        the following funds: 
           (1) if the forfeited vehicle is a motorboat, the net 
        proceeds must be credited to the water recreation account in the 
        natural resources fund; 
           (2) if the forfeited vehicle is a snowmobile, the net 
        proceeds must be credited to the snowmobile trails and 
        enforcement account in the natural resources fund; 
           (3) if the forfeited vehicle is an all-terrain vehicle, the 
        net proceeds must be credited to the all-terrain vehicle account 
        in the natural resources fund; 
           (4) if the forfeited vehicle is an off-highway motorcycle, 
        the net proceeds must be credited to the off-highway motorcycle 
        account in the natural resources fund; 
           (5) if the forfeited vehicle is an off-road vehicle, the 
        net proceeds must be credited to the off-road vehicle account in 
        the natural resources fund; and 
           (6) if otherwise, the net proceeds must be credited to the 
        general fund. [169.1217] 
                            MISCELLANEOUS PROVISIONS
           Sec. 38. [169A.70] [ALCOHOL SAFETY PROGRAMS; CHEMICAL USE 
        ASSESSMENTS.] 
           Subdivision 1.  [ALCOHOL SAFETY PROGRAMS; 
        ESTABLISHMENT.] (a) The county board of every county shall 
        establish an alcohol safety program designed to provide chemical 
        use assessments of persons convicted of an offense enumerated in 
        subdivision 2. [169.124] 
           (b) County boards may enter into an agreement to establish 
        a regional alcohol safety program.  County boards may contract 
        with other counties and agencies for alcohol problem screening 
        and chemical use assessment services. [169.125] 
           Subd. 2.  [CHEMICAL USE ASSESSMENT; REQUIREMENT; FORM.] A 
        chemical use assessment must be conducted and an assessment 
        report submitted to the court and to the department of public 
        safety by the county agency administering the alcohol safety 
        program when: 
           (1) the defendant is convicted of an offense described in 
        section 169A.20 (driving while impaired), 169A.31 
        (alcohol-related school bus and Head Start bus driving), or 
        360.0752 (impaired aircraft operation); or 
           (2) the defendant is arrested for committing an offense 
        described in clause (1) but is convicted of another offense 
        arising out of the circumstances surrounding the arrest. 
           Subd. 3.  [ASSESSMENT REPORT.] (a) The assessment report 
        must be on a form prescribed by the commissioner and shall 
        contain an evaluation of the convicted defendant concerning the 
        defendant's prior traffic record, characteristics and history of 
        alcohol and chemical use problems, and amenability to 
        rehabilitation through the alcohol safety program.  The report 
        is classified as private data on individuals as defined in 
        section 13.02, subdivision 12. 
           (b) The assessment report must include: 
           (1) a recommended level of care for the offender in 
        accordance with the criteria contained in rules adopted by the 
        commissioner of human services under section 254A.03, 
        subdivision 3 (chemical dependency treatment rules); 
           (2) recommendations for other appropriate remedial action 
        or care that may consist of educational programs, one-on-one 
        counseling, a program or type of treatment that addresses mental 
        health concerns, or a combination of them; or 
           (3) a specific explanation why no level of care or action 
        was recommended. 
           Subd. 4.  [ASSESSOR STANDARDS; RULES; ASSESSMENT TIME 
        LIMITS.] A chemical use assessment required by this section must 
        be conducted by an assessor appointed by the court.  The 
        assessor must meet the training and qualification requirements 
        of rules adopted by the commissioner of human services under 
        section 254A.03, subdivision 3 (chemical dependency treatment 
        rules).  Notwithstanding section 13.82 (law enforcement data), 
        the assessor shall have access to any police reports, laboratory 
        test results, and other law enforcement data relating to the 
        current offense or previous offenses that are necessary to 
        complete the evaluation.  An assessor providing an assessment 
        under this section may not have any direct or shared financial 
        interest or referral relationship resulting in shared financial 
        gain with a treatment provider.  If an independent assessor is 
        not available, the court may use the services of an assessor 
        authorized to perform assessments for the county social services 
        agency under a variance granted under rules adopted by the 
        commissioner of human services under section 254A.03, 
        subdivision 3.  An appointment for the defendant to undergo the 
        assessment must be made by the court, a court services probation 
        officer, or the court administrator as soon as possible but in 
        no case more than one week after the defendant's court 
        appearance.  The assessment must be completed no later than 
        three weeks after the defendant's court appearance.  If the 
        assessment is not performed within this time limit, the county 
        where the defendant is to be sentenced shall perform the 
        assessment.  The county of financial responsibility must be 
        determined under chapter 256G. 
           Subd. 5.  [APPLICABILITY TO NONRESIDENT.] This section does 
        not apply to a person who is not a resident of the state of 
        Minnesota at the time of the offense and at the time of the 
        assessment. [169.126] 
           Sec. 39.  [169A.71] [RESEARCH PROGRAMS.] 
           No person is guilty of a violation of section 169A.20 
        (driving while impaired) committed while participating in a 
        research or demonstration project conducted by the Minnesota 
        highway safety center.  This section applies only to conduct 
        occurring while operating a state-owned vehicle under the 
        supervision of personnel of the center on the grounds of the 
        center. [169.121, subd. 10] 
           Sec. 40.  [169A.72] [DRIVER EDUCATION PROGRAMS.] 
           Driver training courses offered through the public schools 
        and driver training courses offered by private or commercial 
        schools or institutes shall include instruction which must 
        encompass at least: 
           (1) information on the effects of consumption of beverage 
        alcohol products and the use of illegal drugs, prescription 
        drugs, and nonprescription drugs on the ability of a person to 
        operate a motor vehicle; 
           (2) the hazards of driving while under the influence of 
        alcohol or drugs; and 
           (3) the legal penalties and financial consequences 
        resulting from violations of laws prohibiting the operation of a 
        motor vehicle while under the influence of alcohol or drugs. 
        [169.121, subd. 12] 
           Sec. 41.  [169A.73] [REMOTE ELECTRONIC ALCOHOL MONITORING 
        PROGRAM.] 
           Subdivision 1.  [DEFINITIONS.] As used in this section: 
           (1) "breath analyzer unit" means a device that performs 
        breath alcohol testing and is connected to a remote electronic 
        alcohol monitoring system; and 
           (2) "remote electronic alcohol monitoring system" means a 
        system that electronically monitors the alcohol concentration of 
        individuals in their homes or other locations to ensure 
        compliance with conditions of pretrial release, supervised 
        release, or probation. 
           Subd. 2.  [PROGRAM ESTABLISHED.] In cooperation with the 
        conference of chief judges, the state court administrator, and 
        the commissioner of public safety, the commissioner of 
        corrections shall establish a program to use breath analyzer 
        units to monitor impaired driving offenders who are ordered to 
        abstain from alcohol use as a condition of pretrial release, 
        supervised release, or probation.  The program must include 
        procedures to ensure that violators of this condition of release 
        receive swift consequences for the violation. 
           Subd. 3.  [COST OF PROGRAM.] Offenders who are ordered to 
        participate in the program shall also be ordered to pay the per 
        diem cost of the monitoring unless the offender is indigent.  
        The commissioner of corrections shall reimburse the judicial 
        districts in a manner proportional to their use of remote 
        electronic alcohol monitoring for any costs the districts incur 
        in participating in the program. 
           Subd. 4.  [REPORT REQUIRED.] By January 1, 2004, the 
        commissioner of corrections shall evaluate the effectiveness of 
        the program and report the results of this evaluation to the 
        conference of chief judges, the state court administrator, the 
        commissioner of public safety, and the chairs and ranking 
        minority members of the house and senate committees and 
        divisions having jurisdiction over criminal justice policy and 
        funding. [169.1219] 
           Sec. 42.  [169A.74] [PILOT PROGRAMS OF INTENSIVE PROBATION 
        FOR REPEAT IMPAIRED DRIVING OFFENDERS.] 
           Subdivision 1.  [GRANT APPLICATION.] The commissioners of 
        corrections and public safety, in cooperation with the 
        commissioner of human services, shall jointly administer a 
        program to provide grants to counties to establish and operate 
        programs of intensive probation for repeat violators of the 
        driving while impaired laws.  The commissioners shall adopt an 
        application form on which a county or a group of counties may 
        apply for a grant to establish and operate an impaired driving 
        repeat offender program. 
           Subd. 2.  [GOALS.] The goals of the impaired driving repeat 
        offender program are to protect public safety and provide an 
        appropriate sentencing alternative for persons convicted of 
        repeat violations of section 169A.20 (driving while impaired), 
        who are considered to be of high risk to the community. 
           Subd. 3.  [PROGRAM ELEMENTS.] To be considered for a grant 
        under this section, a county program must contain the following 
        elements: 
           (1) an initial assessment of the offender's chemical 
        dependency, based on the results of a chemical use assessment 
        conducted under section 169A.70, with recommended treatment and 
        aftercare, and a requirement that the offender follow the 
        recommended treatment and aftercare; 
           (2) several stages of probation supervision, including: 
           (i) a period of incarceration in a local or regional 
        detention facility; 
           (ii) a period during which an offender is, at all times, 
        either working, on home detention, being supervised at a program 
        facility, or traveling between two of these locations; 
           (iii) a period of home detention; and 
           (iv) a period of gradually decreasing involvement with the 
        program; 
           (3) decreasing levels of intensity and contact with 
        probation officials based on the offender's successful 
        participation in the program and compliance with its rules; 
           (4) a provision for increasing the severity of the 
        program's requirements when an offender offends again or 
        violates the program's rules; 
           (5) a provision for offenders to continue or seek 
        employment during their period of intensive probation; 
           (6) a requirement that offenders abstain from alcohol and 
        controlled substances during the probation period and be tested 
        for such use on a routine basis; and 
           (7) a requirement that all or a substantial part of the 
        costs of the program be paid by the offenders. 
           Subd. 4.  [TRAINING.] Counties participating in the program 
        shall provide relevant training in intensive probation programs 
        to affected officials. [169.1265] 
           Sec. 43.  [169A.75] [IMPAIRED DRIVING-RELATED RULES.] 
           The commissioner may promulgate rules to carry out the 
        provisions of this chapter.  The rules may include forms for 
        notice of intention to revoke that describe clearly the right to 
        a hearing, the procedure for requesting a hearing, and the 
        consequences of failure to request a hearing; forms for 
        revocation and notice of reinstatement of driving privileges as 
        provided in section 169A.55; and forms for temporary licenses. 
           Rules promulgated pursuant to this section are subject to 
        sections 14.01 to 14.20 and 14.365 to 14.69 (Administrative 
        Procedure Act). [169.128] 
           Sec. 44.  [169A.76] [CIVIL ACTION; PUNITIVE DAMAGES.] 
           In a civil action involving a motor vehicle accident, it is 
        sufficient for the trier of fact to consider an award of 
        punitive damages if there is evidence that the accident was 
        caused by a driver: 
           (1) with an alcohol concentration of 0.10 or more; 
           (2) who was under the influence of a controlled substance; 
           (3) who was under the influence of alcohol and refused to 
        take a test required under section 169A.51 (chemical tests for 
        intoxication); or 
           (4) who was knowingly under the influence of a hazardous 
        substance that substantially affects the person's nervous 
        system, brain, or muscles so as to impair the person's ability 
        to drive or operate a motor vehicle. 
           A criminal charge or conviction is not a prerequisite to 
        consideration of punitive damages under this section.  At the 
        trial in an action where the trier of fact will consider an 
        award of punitive damages, evidence that the driver has been 
        convicted of violating section 169A.20 (driving while impaired) 
        or 609.21 (criminal vehicular homicide and injury) is admissible 
        into evidence. [169.121, subd. 10a] 

                                   ARTICLE 2 
                             CONFORMING AMENDMENTS; 
                             IMPLEMENTATION OF ACT 
           Section 1.  Minnesota Statutes 1998, section 171.305, as 
        amended by Laws 1999, chapter 238, article 2, section 91, is 
        amended to read: 
           171.305 [IGNITION INTERLOCK DEVICE; PILOT PROGRAM; LICENSE 
        CONDITION.] 
           Subdivision 1.  [DEFINITION.] "Ignition interlock device" 
        or "device" means breath alcohol ignition equipment designed to 
        prevent a motor vehicle's ignition from being started by a 
        person whose alcohol concentration exceeds the calibrated 
        setting on the device. 
           Subd. 2.  [PILOT PROGRAM.] The commissioner of public 
        safety shall establish a statewide pilot program for the use of 
        an ignition interlock device by a person whose driver's license 
        or driving privilege has been canceled and denied by the 
        commissioner for an alcohol or controlled substance-related 
        incident.  The commissioner shall conduct the program from 
        October 1, 2000, until December 31, 1995 December 31, 2001.  The 
        commissioner shall evaluate the program and shall report to the 
        legislature by February 1, 1995 2002, on whether changes in the 
        program are necessary and whether the program should be 
        permanent.  No limited license shall be issued under this 
        program after August 1, 1995 October 1, 2001.  For purposes of a 
        pilot program established by this subdivision, the department is 
        exempt from rulemaking requirements found in Minnesota Statutes, 
        chapter 14. 
           Subd. 3.  [PERFORMANCE STANDARDS.] The commissioner shall 
        specify performance standards for ignition interlock devices, 
        including standards relating to accuracy, safe operation of the 
        vehicle, and degree of difficulty rendering the device 
        inoperative.  The interlock ignition device must be designed to 
        operate from a 12-volt DC vehicle battery and be capable of 
        locking a motor vehicle's ignition when a minimum alcohol 
        concentration of 0.020 grams of ethyl alcohol per 210 liters of 
        breath is introduced into the device.  The device must also 
        require a breath sample to determine alcohol concentration at 
        variable time intervals ranging from five to 30 minutes while 
        the engine is running.  The device must also be capable of 
        recording information for later review that includes the date 
        and time of any use of the vehicle or any attempt to use the 
        vehicle, including all times that the vehicle engine was started 
        or stopped and the alcohol concentration of each breath sample 
        provided. 
           Subd. 4.  [CERTIFICATION.] The commissioner shall certify 
        ignition interlock devices that meet the performance standards 
        and may charge the manufacturer of the ignition interlock device 
        a certification fee.  A manufacturer who submits a device for 
        certification must provide an application for certification on a 
        form prescribed by the department. 
           Subd. 5.  [ISSUANCE OF LIMITED LICENSE.] The commissioner 
        may issue a limited license to a person whose driver's license 
        has been canceled and denied due to an alcohol or controlled 
        substance-related incident under section 171.04, subdivision 1, 
        clause (10), under the following conditions: 
           (1) at least one-half of the person's required abstinence 
        period has expired; 
           (2) the person has successfully completed all 
        rehabilitation requirements chemical dependency treatment and is 
        currently participating in a generally recognized support group 
        based on ongoing abstinence; and 
           (3) the person agrees to drive only a motor vehicle 
        equipped with a functioning and certified ignition interlock 
        device. 
           Subd. 6.  [MONITORING.] The ignition interlock device must 
        be monitored for proper use and accuracy by an entity approved 
        by the commissioner.  
           Subd. 7.  [PAYMENT.] The commissioner shall require that 
        the person issued a limited license under subdivision 5 pay all 
        costs associated with use of the device.  
           Subd. 8.  [PROOF OF INSTALLATION.] A person approved for a 
        limited license must provide proof of installation prior to 
        issuance of the limited license. 
           Subd. 9.  [MISDEMEANOR.] (a) A person who knowingly lends, 
        rents, or leases a motor vehicle that is not equipped with a 
        functioning ignition interlock device to a person with a limited 
        license issued under subdivision 5 is guilty of a misdemeanor. 
           (b) A person who tampers with, circumvents, or bypasses the 
        ignition interlock device, or assists another to tamper with, 
        circumvent, or bypass the device, is guilty of a misdemeanor. 
           (c) The penalties of this subdivision do not apply if the 
        action was taken for emergency purposes or for mechanical 
        repair, and the person limited to the use of an ignition 
        interlock device does not operate the motor vehicle while the 
        device is disengaged. 
           Subd. 10.  [CANCELLATION OF LIMITED LICENSE.] The 
        commissioner shall cancel a limited license issued under this 
        section if the device registers a positive reading for use of 
        alcohol or the person violates any conditions of the limited 
        license. 
           Sec. 2.  Minnesota Statutes 1999 Supplement, section 
        260B.171, subdivision 7, is amended to read: 
           Subd. 7.  [COURT RECORD RELEASED TO PROSECUTOR.] If a 
        prosecutor has probable cause to believe that a person has 
        committed a gross misdemeanor violation of section 169.121 or 
        has violated section 169.129 169A.20, and that a prior juvenile 
        court adjudication forms, in part, the basis for the current 
        violation, the prosecutor may file an application with the court 
        having jurisdiction over the criminal matter attesting to this 
        probable cause determination and seeking the relevant juvenile 
        court records.  The court shall transfer the application to the 
        juvenile court where the requested records are maintained, and 
        the juvenile court shall release to the prosecutor any records 
        relating to the person's prior juvenile traffic adjudication, 
        including a transcript, if any, of the court's advisory of the 
        right to counsel and the person's exercise or waiver of that 
        right.  
           Sec. 3.  Minnesota Statutes 1999 Supplement, section 
        260B.225, subdivision 4, is amended to read: 
           Subd. 4.  [ORIGINAL JURISDICTION; JUVENILE COURT.] The 
        juvenile court shall have has original jurisdiction over: 
           (1) all juveniles age 15 and under alleged to have 
        committed any traffic offense; and 
           (2) 16- and 17-year-olds alleged to have committed any 
        major traffic offense, except that the adult court has original 
        jurisdiction over: 
           (i) petty traffic misdemeanors not a part of the same 
        behavioral incident of a misdemeanor being handled in juvenile 
        court; and 
           (ii) violations of sections 169.121 (drivers under the 
        influence of alcohol or controlled substance) and 169.129 
        (aggravated driving while intoxicated) section 169A.20 (driving 
        while impaired), and any other misdemeanor or gross misdemeanor 
        level traffic violations committed as part of the same 
        behavioral incident as a violation of section 169.121 or 169.129 
        169A.20.  
           Sec. 4.  Minnesota Statutes 1999 Supplement, section 
        609.035, subdivision 2, is amended to read: 
           Subd. 2.  (a) When a person is being sentenced for a 
        violation of a provision listed in paragraph (f) (e), the court 
        may sentence the person to a consecutive term of imprisonment 
        for a violation of any other provision listed in 
        paragraph (f) (e), notwithstanding the fact that the offenses 
        arose out of the same course of conduct, subject to the 
        limitation on consecutive sentences contained in section 609.15, 
        subdivision 2, and except as provided in paragraphs (b), 
        (c), (d), and (g) (f) of this subdivision. 
           (b) When a person is being sentenced for a violation of 
        section 169.129 the court may not impose a consecutive sentence 
        for a violation of a provision of section 169.121, subdivision 
        1, or for a violation of a provision of section 171.20, 171.24, 
        or 171.30. 
           (c) When a person is being sentenced for a violation of 
        section 171.20, 171.24, or 171.30, the court may not impose a 
        consecutive sentence for another violation of a provision in 
        chapter 171. 
           (d) (c) When a person is being sentenced for a violation of 
        section 169.791 or 169.797, the court may not impose a 
        consecutive sentence for another violation of a provision of 
        sections 169.79 to 169.7995. 
           (e) (d) This subdivision does not limit the authority of 
        the court to impose consecutive sentences for crimes arising on 
        different dates or to impose a consecutive sentence when a 
        person is being sentenced for a crime and is also in violation 
        of the conditions of a stayed or otherwise deferred sentence 
        under section 609.135. 
           (f) (e) This subdivision applies to misdemeanor and gross 
        misdemeanor violations of the following if the offender has two 
        or more prior impaired driving convictions as defined in section 
        169.121, subdivision 3 169A.03 within the past ten years: 
           (1) section 169.121, subdivision 1, driving while 
        intoxicated 169A.20, driving while impaired; 
           (2) section 169.121, subdivision 1a, testing refusal; 
           (3) section 169.129, aggravated driving while intoxicated; 
           (4) section 169.791, failure to provide proof of insurance; 
           (5) (3) section 169.797, failure to provide vehicle 
        insurance; 
           (6) (4) section 171.20, subdivision 2, operation after 
        revocation, suspension, cancellation, or disqualification; 
           (7) (5) section 171.24, driving without valid license; and 
           (8) (6) section 171.30, violation of condition of limited 
        license. 
           (g) (f) When a court is sentencing an offender for a 
        violation of section 169.121 or 169.129 169A.20 and a violation 
        of an offense listed in paragraph (f) (e), and the offender has 
        five or more qualified prior impaired driving convictions, five 
        or more prior license revocations, or a combination of the two 
        based on separate instances, incidents, as defined in section 
        169A.03, within the person's lifetime past ten years, the court 
        shall sentence the offender to serve consecutive sentences for 
        the offenses, notwithstanding the fact that the offenses arose 
        out of the same course of conduct. 
           Sec. 5.  Minnesota Statutes 1998, section 629.471, is 
        amended to read: 
           629.471 [MAXIMUM BAIL ON MISDEMEANORS; GROSS MISDEMEANORS.] 
           Subdivision 1.  [DOUBLE THE FINE.] Except as provided in 
        subdivision 2 or 3, the maximum cash bail that may be required 
        for a person charged with a misdemeanor or gross misdemeanor 
        offense is double the highest cash fine that may be imposed for 
        that offense. 
           Subd. 2.  [QUADRUPLE THE FINE.] (a) For offenses under 
        sections 169.09, 169.121, 169.129, 169A.20, 171.24, paragraph 
        (c), 609.2231, subdivision 2, 609.487, and 609.525, the maximum 
        cash bail that may be required for a person charged with a 
        misdemeanor or gross misdemeanor violation is quadruple the 
        highest cash fine that may be imposed for the offense.  
           (b) Unless the court imposes the conditions of release 
        specified in section 169.121, subdivision 1c, 169A.44, the court 
        must impose maximum bail when releasing a person from detention 
        who has been charged with violating section 169.121, subdivision 
        1, 169A.20 if the person has three or more prior impaired 
        driving convictions within the previous ten years or four or 
        more prior impaired driving convictions in the person's 
        lifetime.  As used in this subdivision, "prior impaired driving 
        conviction" has the meaning given in section 169.121, 
        subdivision 3 169A.03. 
           Subd. 3.  [SIX TIMES THE FINE.] For offenses under sections 
        518B.01, 609.224, and 609.2242, the maximum cash bail that may 
        be required for a person charged with a misdemeanor or gross 
        misdemeanor violation is six times the highest cash fine that 
        may be imposed for the offense. 
           Sec. 6.  [WORKING GROUP ON DWI FELONY.] 
           Subdivision 1.  [MEMBERSHIP.] (a) A driving while impaired 
        working group is created consisting of the following individuals 
        or their designees: 
           (1) two members of the senate, one from the majority caucus 
        and one from the minority caucus, chosen by the subcommittee on 
        committees of the senate committee on rules and administration; 
           (2) two members of the house of representatives, one from 
        the majority caucus and one from the minority caucus, chosen by 
        the speaker of the house; 
           (3) the commissioner of corrections; 
           (4) the commissioner of public safety; 
           (5) the commissioner of finance; 
           (6) the attorney general; 
           (7) the chief justice of the Minnesota supreme court; 
           (8) the executive director of the sentencing guidelines 
        commission; 
           (9) two county attorneys, one from a metropolitan county 
        and one from a nonmetropolitan county, chosen by the Minnesota 
        county attorney's association; 
           (10) one city attorney, chosen by the league of Minnesota 
        cities; 
           (11) two public defenders, one from a metropolitan county 
        and one from a nonmetropolitan county, chosen by the state 
        public defender; 
           (12) one sheriff, chosen by the Minnesota sheriff's 
        association; 
           (13) two county commissioners, one from a metropolitan 
        county and one from a nonmetropolitan county, chosen by the 
        association of Minnesota counties; 
           (14) one head of a community corrections agency, chosen by 
        the chairs of the senate crime prevention and judiciary budget 
        division and the house judiciary finance committee; 
           (15) one probation officer, chosen by the Minnesota 
        association of community corrections act counties; and 
           (16) one representative of a chemical dependency treatment 
        program, chosen by the commissioner of human services. 
           (b) The working group may choose a chair from among its 
        members. 
           Subd. 2.  [STUDY AND RECOMMENDATIONS REQUIRED.] (a) The 
        working group shall study and make recommendations on the 
        implementation of a felony-level impaired driving penalty, 
        including but not limited to: 
           (1) the number of prior offenses within a ten-year time 
        period that should occur before a felony-level impaired driving 
        penalty is appropriate; 
           (2) the most cost-effective manner for dealing with 
        treatment, probation, and incarceration issues; 
           (3) the circumstances under which stayed sentences for 
        felony-level impaired driving offenses are appropriate; 
           (4) the degree to which, if at all, felony-level impaired 
        driving offenses should be part of the sentencing guidelines 
        grid; 
           (5) the circumstances under which, if at all, mandatory 
        prison sentences for felony-level impaired driving offenses are 
        appropriate and, if so, recommended sentence lengths; 
           (6) appropriate incarceration, treatment, and supervision 
        options for felony-level impaired driving offenders; 
           (7) the statutory maximum sentence appropriate for 
        felony-level impaired driving offenses; and 
           (8) the impact on prisons, jails, and community corrections 
        agencies of the recommended alternatives. 
           (b) The working group shall study how other states address 
        repeat impaired driving offenders, including how the crimes and 
        penalties are statutorily defined, how these offenders are 
        incarcerated and supervised, how their chemical dependency 
        treatment needs are addressed, and any research on the 
        effectiveness of these measures. 
           Subd. 3.  [REPORT.] By September 1, 2000, the working group 
        shall forward its final report to the chairs and ranking 
        minority members of the senate and house of representatives 
        committees and divisions having jurisdiction over criminal 
        justice policy and funding. 
           Subd. 4.  [PLAN FOR PLACEMENT AND SUPERVISION OF FELONY DWI 
        OFFENDERS.] (a) The commissioner of corrections, in consultation 
        with the commissioner of human services, shall develop a 
        correctional plan to respond to the recommendations submitted by 
        the working group under subdivision 3.  The plan shall address 
        the following matters and shall outline the fiscal implications 
        of each: 
           (1) the placement and management of felony-level impaired 
        driving offenders who would be committed to the commissioner's 
        custody, including an identification of the facilities in which 
        these offenders would be confined, such as state prisons, other 
        state-owned or state-operated residential facilities, and 
        private facilities that currently are not part of the state 
        correctional system; 
           (2) the specific measures the commissioner would undertake 
        to respond to the chemical dependency treatment needs of 
        offenders committed to the commissioner's custody, including how 
        these measures would comply with the treatment standards used in 
        other public or private treatment programs; 
           (3) the placement and management in local correctional 
        facilities of felony-level impaired driving offenders whose 
        sentences would be stayed, including an analysis of current jail 
        resources, the need for expanded capacity, and the availability 
        of private facilities; and 
           (4) the supervision of felony-level impaired driving 
        offenders in the community, including the provision of private 
        treatment and other services. 
           (b) By December 1, 2000, the commissioner shall forward the 
        plan to the chairs and ranking minority members of the senate 
        and house of representatives committees and divisions having 
        jurisdiction over criminal justice policy and funding. 
           Sec. 7.  [INSTRUCTION TO REVISOR.] 
           (a) In each section of Minnesota Statutes referred to in 
        column A, the revisor of statutes shall delete the reference in 
        column B and insert the reference in column C. 
        Column A           Column B                    Column C
        3.736, subd. 3     169.121, subd. 9            169A.48
        13.99, subd. 54a   169.126, subd. 2            169A.70
        65B.133, subd. 5   169.123                     169A.52
        65B.15, subd. 1    169.121, subd. 1,           169A.20
                            para. (a) 
        84.795, subd. 2    chapter 169                 chapters 169 and
                                                        169A
        84.795, subd. 5    169.121                     169A.20
        84.795, subd. 5    169.123                     169A.50 to 169A.53
        84.804, subd. 2    169.121 to 169.129          chapter 169A
        84.83, subd. 2     169.1217                    169A.63
        84.83, subd. 5     169.121                     169A.20
        84.83, subd. 5     169.01, subd. 86            169A.03, subd. 16
        84.87, subd. 1     chapter 169                 chapters 169 and
                                                        169A
        84.91, subd. 1     169.121 to 169.1218         chapter 169A
                            and 169.123 to
                            169.129
        84.91, subd. 1     169.123                     169A.50 to 169A.53
        84.91, subd. 1     169.121, subd. 3            169A.03
        84.91, subd. 1     169.123                     169A.53
        84.911, subd. 7    169.01, subd. 86            169A.03, subd. 16
        84.927, subd. 1    169.1217                    169A.63
        84.928, subd. 1a   chapter 169                 chapters 169 and
                                                        169A
        86B.305, subd. 1   169.121                     169A.20
        86B.305, subd. 2   169.121                     169A.20
        86B.331, subd. 1   169.121 to 169.1218         chapter 169A
                            and 169.123 to
                            169.129   
        86B.331, subd. 1   chapter 169                 chapter 169A
        86B.331, subd. 1   169.121                     169A.20
        86B.331, subd. 1   169.123                     169A.50 to 169A.53
        86B.331, subd. 1   169.121, subd. 3            169A.03
        86B.331, subd. 1   169.123                     169A.53
        86B.705, subd. 2   169.121                     169A.20
        86B.811, subd. 2   169.121                     169A.20
        89.71, subd. 4     chapter 169                 chapters 169 and
                                                        169A
        97A.065, subd. 2   169.121                     169A.20
        97A.065, subd. 2   169.01, subd. 86            169A.03, subd. 16
        97B.065, subd. 4   169.121, subd. 2            169A.45
        97B.066, subd. 5   169.123, subds. 2b,         169A.51
                            2c, and 3
        168.041, subd. 3   168.042                     169A.60
        168.041, subd. 8   168.042                     169A.60
        168.0422           168.042                     169A.60
        169.01, subd. 75   169.1211, 169.1215,         chapter 169A
                            and 169.123, subds. 2
                            and 4
        169.03, subd. 6    169.121 to 169.129          chapter 169A
        169.965, subd. 5   chapter 169                 chapters 169 and
                                                        169A
        171.04, subd. 1    169.121, 169.1218,          169A.20, 169A.33,
                           169.122, or 169.123          169A.35, or 
                                                        169A.50 to 
                                                        169A.53
        171.05, subd. 2b   169.121, 169.1218,          169A.20, 169A.33, 
                            169.122, or 169.123         169A.35, or
                                                        169A.50
                                                        to 169A.53
        171.055, subd. 1   169.121, 169.1218,          169A.20, 169A.33,
                            169.122, or 169.123         169A.35, or
                                                        169A.50 to
                                                        169A.53
        171.055, subd. 2   169.121, 169.1218,          169A.20, 169A.33,
                            169.122, or 169.123         169A.35, or
                                                        169A.50 to
                                                        169A.53
        171.06, subd. 2    169.121, 169.1218,          169A.20, 169A.33,
                            169.122, or 169.123         169A.35, or 
                                                        169A.50 to
                                                        169A.53
        171.12, subd. 2a   169.121, 169.1218           169A.20, 169A.33,
                            169.122, or 169.123         169A.35, or
                                                        169A.50
                                                        to 169A.53
        171.12, subd. 3    169.121, subd. 3            169A.03, subds. 20
                                                        and 21
        171.12, subd. 3    169.1211                    169A.31
        171.16, subd. 5    169.121                     169A.20
        171.165, subd. 1   169.121                     169A.20
        171.165, subd. 1   169.1211                    169A.31
        171.165, subd. 2   169.123                     169A.52
        171.166, subd. 1   169.121, 169.1211, or       169A.20, 169A.31,
                            169.123                     160A.50 to   
                                                        169A.53
        171.17, subd. 1    169.121                     169A.20
        171.18, subd. 1    169.1218, para. (a)         169A.33
        171.19             169.123                     169A.52
        171.29, subd. 1    169.123                     169A.52
        171.29, subd. 2    169.121 or 169.123          169A.52 or
                                                        169A.54
        171.29, subd. 3    169.121 or 169.123          169A.52 or
                                                        160A.54
        171.29, subd. 3    168.042                     169A.60
        171.30, subd. 1    169.121                     169A.52
        171.30, subd. 1    169.123                     169A.54
        171.30, subd. 2a   169.121                     169A.20
        171.30, subd. 2a   169.123                     169A.50 to
                                                        169A.53
        171.30, subd. 2c   169.121 or 169.123         169A.20 or
                                                       169A.50
                                                       to 169A.53
        171.30, subd. 3    169.121 or 169.123         169A.20 or
                                                       169A.50 to
                                                       169A.53
        171.3215, subd. 1  169.121, 169.129           169A.20
        171.3215, subd. 2  169.121                    169A.20
        171.3215, subd. 2  169.123                    169A.52
        171.3215, subd. 2  169.121, 169.123,          169A.20 or
                            169.129                    169A.50 to
                                                       169A.53
        171.3215, subd. 3  169.121, 169.129           169A.20
        171.3215, subd. 3  169.123                    169A.52
        260B.171, subd. 5  169.121 or 169.129         169A.20
        260B.225, subd. 1  169.121, 169.129           169A.20
        260B.225, subd. 9  169.121                    169A.20
        260B.225, subd. 9  169.126                    169A.70
        260B.225, subd. 9  169.126, subd. 4c          169A.284
        268.095, subd. 4   169.121, 169.1211,         169A.20, 169A.31,
                            or 169.123                 or 169.50A to
                                                       169A.53
        299C.10, subd. 1   169.121 (driving while     169A.20 (driving 
                            intoxicated)               while impaired)
        299F.831, subd. 1  169.121, subd. 1           169A.20
        357.021, subd. 1a  169.1217                   169A.63
        364.09             chapter 169                chapter 169
                                                       or 169A
        387.213            chapter 169                chapter 169A
        466.03, subd. 6a   169.121, subd. 9           169A.48
        466.03, subd. 14   169.121, subd. 9           169A.48
        604A.30, subd. 3   169.121 to 169.123,        chapter 169A
                            169.129
        609.131, subd. 2   169.121                    169A.20
        609.135, subd. 1   169.121                    169A.20
        609.135, subd. 2   169.121 or 169.129         169A.20
        609.135, subd. 2   169.121                    169A.20
        609.487, subd. 2a  169.01, subd. 86           169A.03, subd. 16
        609.487, subd. 2a  169.01, subd. 87           169A.03, subd. 13
        611A.52, subd. 6   169.121                    169A.20
        631.40, subd. 1a   169.121 or 169.129         169A.20
        634.15, subd. 1    169.123                    169A.53
        634.15, subd. 1    169.123, subd. 3           169A.51, subd. 7
        634.15, subd. 2    169.123                    169A.53
        634.16             169.01, subd. 68           169A.03, subd. 11
        634.30             169.123                    169A.53
           (b) The revisor shall publish the statutory derivations of 
        the laws that are repealed and recodified in this act in Laws of 
        Minnesota. 
           (c) The revisor shall correct cross-references in Minnesota 
        Statutes and Minnesota Rules to sections that are repealed and 
        recodified by this act, as necessary, and if Minnesota Statutes, 
        chapter 169, is further amended in the 2000 legislative session, 
        shall codify the amendments in a manner consistent with this act.
           Sec. 8.  [REPEALER.] 
           (a) Minnesota Statutes 1998, sections 168.042; 169.01, 
        subdivisions 61, 68, 82, 83, 86, 87, 88, and 89; 169.121, 
        subdivisions 1, 1a, 1b, 1d, 2, 3b, 3c, 5, 5a, 5b, 6, 7, 8, 9, 
        10, 10a, 11, and 12; 169.1211; 169.1215; 169.1216; 169.1217, 
        subdivisions 2, 3, 4, 5, 6, and 8; 169.1218; 169.1219; 169.122, 
        subdivisions 1, 2, 3, and 4; 169.123, subdivisions 2, 2a, 2b, 
        2c, 3, 4, 5, 5a, 5b, 6, 7, 8, and 10; 169.124; 169.125; 169.126; 
        169.1261; 169.1265; 169.128; and 169.129, subdivision 3; and 
        Minnesota Statutes 1999 Supplement, sections 169.121, 
        subdivisions 1c, 3, 3f, 3d, and 4; 169.1217, subdivisions 1, 7, 
        7a, and 9; 169.122, subdivision 5; 169.123, subdivisions 1 and 
        5c; and 169.129, subdivision 1, are repealed. 
           (b) Minnesota Rules, parts 7409.3700; 7409.3710; 7409.3720; 
        7409.3730; 7409.3740; 7409.3750; 7409.3760; and 7409.3770, are 
        repealed. 
           Sec. 9.  [EFFECTIVE DATE.] 
           (a) Sections 1 and 8, paragraph (b), are effective July 1, 
        2000.  Section 6 is effective the day following final enactment. 
           (b) The remaining provisions of this act are effective 
        January 1, 2001, for crimes committed and conduct occurring on 
        or after that date.  However, violations occurring before 
        January 1, 2001, which are listed in Minnesota Statutes, section 
        169A.03, subdivisions 20 and 21, are considered qualified prior 
        impaired driving incidents for all purposes under this act. 
           Presented to the governor May 11, 2000 
           Signed by the governor May 15, 2000, 10:41 a.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569