1.1 	A bill for an act
1.2 	relating to crimes; broadening prohibitions for driving while impaired to include 
1.3 	impairment by any drug or its metabolite; broadening prohibition against 
1.4 	driving while impaired by controlled substances to include metabolites of 
1.5 	those substances; exempting courts from mandatory consecutive sentencing 
1.6 	requirements when sentencing a person for felony-level violation for driving 
1.7 	while impaired; making technical and clarifying changes; repealing archaic 
1.8 	language;amending Minnesota Statutes 2004, sections 169A.03, by adding 
1.9 	a subdivision; 169A.20, subdivision 1; 169A.28, subdivision 1; 169A.45, 
1.10 	subdivision 1; 169A.51, subdivisions 1, 2, 4, 7; 169A.52, subdivision 2; 
1.11 	169A.60, subdivisions 2, 4; Minnesota Statutes 2005 Supplement, sections 
1.12 	169A.52, subdivision 4; 169A.53, subdivision 3; repealing Minnesota Statutes 
1.13 	2004, section 169A.41, subdivision 4.
1.14 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.15 	Section 1. Minnesota Statutes 2004, section 169A.03, is amended by adding a 
1.16 	subdivision to read:
1.17 		Subd. 7.Drug. "Drug" has the meaning given in section 151.01, subdivision 5.

1.18 	Sec. 2. Minnesota Statutes 2004, section 169A.20, subdivision 1, is amended to read:
1.19 		Subdivision 1.Driving while impaired crime. It is a crime for any person to 
1.20 	drive, operate, or be in physical control of any motor vehicle within this state or on any 
1.21 	boundary water of this state:
1.22 	(1) when the person is under the influence of alcohol;
1.23 	(2) when the person is under the influence of a controlled substance;
1.24 	(3) when the person is knowingly under the influence of a hazardous substance that 
1.25 	affects the nervous system, brain, or muscles of the person so as to substantially impair 
1.26 	the person's ability to drive or operate the motor vehicle;
2.1 	(4) when the person is under the influence of a combination of any two or more of 
2.2 	the elements named in clauses (1), (2), and (3);
2.3 	(5) when the person's alcohol concentration at the time, or as measured within 
2.4 	two hours of the time, of driving, operating, or being in physical control of the motor 
2.5 	vehicle is 0.08 or more;
2.6 	(6) when the vehicle is a commercial motor vehicle and the person's alcohol 
2.7 	concentration at the time, or as measured within two hours of the time, of driving, 
2.8 	operating, or being in physical control of the commercial motor vehicle is 0.04 or more; ~~or~~
2.9 	(7) when the person's body contains any amount of a controlled substance listed in 
2.10 	schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols; or
2.11 	(8) when a person, with one or more qualified prior impaired driving incidents 
2.12 	within ten years, is impaired by any drug, alone or in combination with any substance 
2.13 	listed in clauses (1) to (3).

2.14 	Sec. 3. Minnesota Statutes 2004, section 169A.28, subdivision 1, is amended to read:
2.15 		Subdivision 1.Mandatory consecutive sentences. (a) The court shall impose 
2.16 	consecutive sentences when it sentences a person for:
2.17 	(1) violations of section  169A.20 (driving while impaired) arising out of separate 
2.18 	courses of conduct; 
2.19 	(2) a violation of section  169A.20 when the person, at the time of sentencing, is 
2.20 	on probation for, or serving, an executed sentence for a violation of section  169A.20
2.21 	or Minnesota Statutes 1998, section  169.121 (driver under the influence of alcohol or 
2.22 	controlled substance) or  169.129 (aggravated DWI-related violations; penalty), and the 
2.23 	prior sentence involved a separate course of conduct; or 
2.24 	(3) a violation of section  169A.20 and another offense arising out of a single course 
2.25 	of conduct that is listed in subdivision 2, paragraph (e), when the person has five or more 
2.26 	qualified prior impaired driving incidents within the past ten years. 
2.27 	(b) The requirement for consecutive sentencing in paragraph (a) does not apply if the 
2.28 	person is being sentenced to an executed prison term for a violation of section 169A.20 
2.29 	(driving while impaired) under circumstances described in section 169A.24 (first-degree 
2.30 	driving while impaired).

2.31 	Sec. 4. Minnesota Statutes 2004, section 169A.45, subdivision 1, is amended to read:
2.32 		Subdivision 1.Alcohol concentration evidence. Upon the trial of any prosecution 
2.33 	arising out of acts alleged to have been committed by any person arrested for violating 
2.34 	section  169A.20 (driving while impaired) or  169A.31 (alcohol-related school bus or Head 
3.1 	Start bus driving), the court may admit evidence of the presence or amount of alcohol in 
3.2 	the person's blood, breath, or urine as shown by an analysis of those items. In addition, 
3.3 	in a prosecution for a violation of section  169A.20, the court may admit evidence of 
3.4 	the presence or amount in the person's blood, breath, or urine, as shown by an analysis 
3.5 	of those items, of:
3.6 	(1) a controlled ~~substances~~ substance  or its metabolite;
3.7 	(2) a hazardous ~~substances in the person's blood, breath, or urine as shown by an~~ 
3.8 	~~analysis of those items~~ substance; or
3.9 	(3) a drug or its metabolite if the person has one or more qualified prior impaired 
3.10 	driving incidents within ten years. 

3.11 	Sec. 5. Minnesota Statutes 2004, section 169A.51, subdivision 1, is amended to read:
3.12 		Subdivision 1.Implied consent; conditions; election of test. (a) Any person 
3.13 	who drives, operates, or is in physical control of a motor vehicle within this state or on 
3.14 	any boundary water of this state consents, subject to the provisions of sections  169A.50
3.15 	to  169A.53 (implied consent law), and section  169A.20 (driving while impaired), to 
3.16 	a chemical test of that person's blood, breath, or urine for the purpose of determining 
3.17 	the presence of alcohol, a drug or its metabolite, a controlled ~~substances~~ substance or 
3.18 	its metabolite, or a hazardous ~~substances~~ substance. The test must be administered at 
3.19 	the direction of a peace officer. 
3.20 	(b) The test may be required of a person when an officer has probable cause to believe 
3.21 	the person was driving, operating, or in physical control of a motor vehicle in violation of 
3.22 	section  169A.20 (driving while impaired), and one of the following conditions exist: 
3.23 	(1) the person has been lawfully placed under arrest for violation of section  169A.20
3.24 	or an ordinance in conformity with it; 
3.25 	(2) the person has been involved in a motor vehicle accident or collision resulting in 
3.26 	property damage, personal injury, or death;
3.27 	(3) the person has refused to take the screening test provided for by section  169A.41
3.28 	(preliminary screening test); or 
3.29 	(4) the screening test was administered and indicated an alcohol concentration of 
3.30 	0.08 or more.
3.31 	(c) The test may also be required of a person when an officer has probable cause to 
3.32 	believe the person was driving, operating, or in physical control of a commercial motor 
3.33 	vehicle with the presence of any alcohol.

3.34 	Sec. 6. Minnesota Statutes 2004, section 169A.51, subdivision 2, is amended to read:
4.1 		Subd. 2.Implied consent advisory. At the time a test is requested, the person 
4.2 	must be informed:
4.3 	(1) that Minnesota law requires the person to take a test:
4.4 	(i) to determine if the person is under the influence of alcohol, any drug, controlled 
4.5 	substances, or hazardous substances;
4.6 	(ii) to determine the presence of a controlled substance listed in schedule I or II or its 
4.7 	metabolite, other than marijuana or tetrahydrocannabinols; and
4.8 	(iii) if the motor vehicle was a commercial motor vehicle, to determine the presence 
4.9 	of alcohol;
4.10 	(2) that refusal to take a test is a crime;
4.11 	(3) if the peace officer has probable cause to believe the person has violated the 
4.12 	criminal vehicular homicide and injury laws, that a test will be taken with or without 
4.13 	the person's consent; and
4.14 	(4) that the person has the right to consult with an attorney, but that this right is 
4.15 	limited to the extent that it cannot unreasonably delay administration of the test.

4.16 	Sec. 7. Minnesota Statutes 2004, section 169A.51, subdivision 4, is amended to read:
4.17 		Subd. 4.Requirement of urine or blood test. Notwithstanding subdivision 3, a 
4.18 	blood or urine test may be required even after a breath test has been administered if there 
4.19 	is probable cause to believe that:
4.20 	(1) there is impairment by a drug, a controlled substance, or a hazardous substance 
4.21 	that is not subject to testing by a breath test; or
4.22 	(2) a controlled substance listed in schedule I or II or its metabolite, other than 
4.23 	marijuana or tetrahydrocannabinols, is present in the person's body.
4.24 	Action may be taken against a person who refuses to take a blood test under this 
4.25 	subdivision only if a urine test was offered and action may be taken against a person who 
4.26 	refuses to take a urine test only if a blood test was offered.

4.27 	Sec. 8. Minnesota Statutes 2004, section 169A.51, subdivision 7, is amended to read:
4.28 		Subd. 7.Requirements for conducting tests; liability. (a) Only a physician, 
4.29 	medical technician, emergency medical technician-paramedic, registered nurse, medical 
4.30 	technologist, medical laboratory technician, or laboratory assistant acting at the request 
4.31 	of a peace officer may withdraw blood for the purpose of determining the presence of 
4.32 	alcohol, a drug or its metabolite, a controlled ~~substances~~ substance or its metabolite, 
4.33 	or a  hazardous ~~substances~~ substance. This limitation does not apply to the taking of a 
4.34 	breath or urine sample.
5.1 	(b) The person tested has the right to have someone of the person's own choosing 
5.2 	administer a chemical test or tests in addition to any administered at the direction of a 
5.3 	peace officer; provided, that the additional test sample on behalf of the person is obtained 
5.4 	at the place where the person is in custody, after the test administered at the direction of a 
5.5 	peace officer, and at no expense to the state. The failure or inability to obtain an additional 
5.6 	test or tests by a person does not preclude the admission in evidence of the test taken at 
5.7 	the direction of a peace officer unless the additional test was prevented or denied by the 
5.8 	peace officer.
5.9 	(c) The physician, medical technician, emergency medical technician-paramedic, 
5.10 	medical technologist, medical laboratory technician, laboratory assistant, or registered 
5.11 	nurse drawing blood at the request of a peace officer for the purpose of determining the 
5.12 	concentration of alcohol, a drug or its metabolite, a controlled ~~substances~~ substance or 
5.13 	its metabolite, or a  hazardous ~~substances~~ substance  is in no manner liable in any civil or 
5.14 	criminal action except for negligence in drawing the blood. The person administering a 
5.15 	breath test must be fully trained in the administration of breath tests pursuant to training 
5.16 	given by the commissioner of public safety.

5.17 	Sec. 9. Minnesota Statutes 2004, section 169A.52, subdivision 2, is amended to read:
5.18 		Subd. 2.Reporting test failure. (a) If a person submits to a test, the results of that 
5.19 	test must be reported to the commissioner and to the authority having responsibility for 
5.20 	prosecution of impaired driving offenses for the jurisdiction in which the acts occurred, if 
5.21 	the test results indicate:
5.22 	(1) an alcohol concentration of 0.08 or more;
5.23 	(2) an alcohol concentration of 0.04 or more, if the person was driving, operating, or 
5.24 	in physical control of a commercial motor vehicle at the time of the violation; or
5.25 	(3) the presence of a controlled substance listed in schedule I or II or its metabolite, 
5.26 	other than marijuana or tetrahydrocannabinols.
5.27 	(b) If a person submits to a test and the test results indicate the presence of a drug 
5.28 	or its metabolite or a hazardous substance, the results of that test must be reported to 
5.29 	the authority having responsibility for prosecution of impaired driving offenses for the 
5.30 	jurisdiction in which the acts occurred.

5.31 	Sec. 10. Minnesota Statutes 2005 Supplement, section 169A.52, subdivision 4, is 
5.32 	amended to read:
5.33 		Subd. 4.Test failure; license revocation. (a) Upon certification by the peace 
5.34 	officer that there existed probable cause to believe the person had been driving, operating, 
6.1 	or in physical control of a motor vehicle in violation of section 169A.20 (driving 
6.2 	while impaired) and that the person submitted to a test and the test results indicate an 
6.3 	alcohol concentration of 0.08 or more or the presence of a controlled substance listed in 
6.4 	schedule I or II or its metabolite, other than marijuana or tetrahydrocannabinols, then 
6.5 	the commissioner shall revoke the person's license or permit to drive, or nonresident 
6.6 	operating privilege:
6.7 	(1) for a period of 90 days;
6.8 	(2) if the person is under the age of 21 years, for a period of six months;
6.9 	(3) for a person with a qualified prior impaired driving incident within the past ten 
6.10 	years, for a period of 180 days; or
6.11 	(4) if the test results indicate an alcohol concentration of 0.20 or more, for twice 
6.12 	the applicable period in clauses (1) to (3).
6.13 	(b) On certification by the peace officer that there existed probable cause to believe 
6.14 	the person had been driving, operating, or in physical control of a commercial motor 
6.15 	vehicle with any presence of alcohol and that the person submitted to a test and the 
6.16 	test results indicated an alcohol concentration of 0.04 or more, the commissioner shall 
6.17 	disqualify the person from operating a commercial motor vehicle under section 171.165
6.18 	(commercial driver's license disqualification).
6.19 	(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau 
6.20 	of Criminal Apprehension, or authorized by the bureau to conduct the analysis of a blood 
6.21 	or urine sample, the laboratory may directly certify to the commissioner the test results, 
6.22 	and the peace officer shall certify to the commissioner that there existed probable cause to 
6.23 	believe the person had been driving, operating, or in physical control of a motor vehicle 
6.24 	in violation of section 169A.20 and that the person submitted to a test. Upon receipt 
6.25 	of both certifications, the commissioner shall undertake the license actions described 
6.26 	in paragraphs (a) and (b).

6.27 	Sec. 11. Minnesota Statutes 2005 Supplement, section 169A.53, subdivision 3, is 
6.28 	amended to read:
6.29 		Subd. 3.Judicial hearing; issues, order, appeal. (a) A judicial review hearing 
6.30 	under this section must be before a district judge in any county in the judicial district 
6.31 	where the alleged offense occurred. The hearing is to the court and may be conducted at 
6.32 	the same time and in the same manner as hearings upon pretrial motions in the criminal 
6.33 	prosecution under section 169A.20 (driving while impaired), if any. The hearing must be 
6.34 	recorded. The commissioner shall appear and be represented by the attorney general or 
6.35 	through the prosecuting authority for the jurisdiction involved. The hearing must be held 
7.1 	at the earliest practicable date, and in any event no later than 60 days following the filing 
7.2 	of the petition for review. The judicial district administrator shall establish procedures to 
7.3 	ensure efficient compliance with this subdivision. To accomplish this, the administrator 
7.4 	may, whenever possible, consolidate and transfer review hearings among the locations 
7.5 	within the judicial district where terms of district court are held.
7.6 	(b) The scope of the hearing is limited to the issues in clauses (1) to (10):
7.7 	(1) Did the peace officer have probable cause to believe the person was driving, 
7.8 	operating, or in physical control of a motor vehicle or commercial motor vehicle in 
7.9 	violation of section 169A.20 (driving while impaired)?
7.10 	(2) Was the person lawfully placed under arrest for violation of section 169A.20?
7.11 	(3) Was the person involved in a motor vehicle accident or collision resulting in 
7.12 	property damage, personal injury, or death?
7.13 	(4) Did the person refuse to take a screening test provided for by section 169A.41
7.14 	(preliminary screening test)?
7.15 	(5) If the screening test was administered, did the test indicate an alcohol 
7.16 	concentration of 0.08 or more?
7.17 	(6) At the time of the request for the test, did the peace officer inform the person 
7.18 	of the person's rights and the consequences of taking or refusing the test as required by 
7.19 	section 169A.51, subdivision 2?
7.20 	(7) Did the person refuse to permit the test?
7.21 	(8) If a test was taken by a person driving, operating, or in physical control of a 
7.22 	motor vehicle, did the test results indicate at the time of testing:
7.23 	(i) an alcohol concentration of 0.08 or more; or
7.24 	(ii) the presence of a controlled substance listed in schedule I or II or its metabolite, 
7.25 	other than marijuana or tetrahydrocannabinols?
7.26 	(9) If a test was taken by a person driving, operating, or in physical control of a 
7.27 	commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or 
7.28 	more at the time of testing?
7.29 	(10) Was the testing method used valid and reliable and were the test results 
7.30 	accurately evaluated?
7.31 	(c) It is an affirmative defense for the petitioner to prove that, at the time of the 
7.32 	refusal, the petitioner's refusal to permit the test was based upon reasonable grounds.
7.33 	(d) Certified or otherwise authenticated copies of laboratory or medical personnel 
7.34 	reports, records, documents, licenses, and certificates are admissible as substantive 
7.35 	evidence.
8.1 	(e) The court shall order that the revocation or disqualification be either rescinded or 
8.2 	sustained and forward the order to the commissioner. The court shall file its order within 
8.3 	14 days following the hearing. If the revocation or disqualification is sustained, the court 
8.4 	shall also forward the person's driver's license or permit to the commissioner for further 
8.5 	action by the commissioner if the license or permit is not already in the commissioner's 
8.6 	possession.
8.7 	(f) Any party aggrieved by the decision of the reviewing court may appeal the 
8.8 	decision as provided in the Rules of Appellate Procedure.
8.9 	(g) The civil hearing under this section shall not give rise to an estoppel on any 
8.10 	issues arising from the same set of circumstances in any criminal prosecution.

8.11 	Sec. 12. Minnesota Statutes 2004, section 169A.60, subdivision 2, is amended to read:
8.12 		Subd. 2.Plate impoundment violation; impoundment order. (a) The 
8.13 	commissioner shall issue a registration plate impoundment order when:
8.14 	(1) a person's driver's license or driving privileges are revoked for a plate 
8.15 	impoundment violation; or
8.16 	(2) a person is arrested for or charged with a plate impoundment violation described 
8.17 	in subdivision 1, paragraph ~~(c)~~ (d), clause (5).
8.18 	(b) The order must require the impoundment of the registration plates of the motor 
8.19 	vehicle involved in the plate impoundment violation and all motor vehicles owned by, 
8.20 	registered, or leased in the name of the violator, including motor vehicles registered jointly 
8.21 	or leased in the name of the violator and another. The commissioner shall not issue an 
8.22 	impoundment order for the registration plates of a rental vehicle, as defined in section  
8.23 	168.041, subdivision 10, or a vehicle registered in another state. 

8.24 	Sec. 13. Minnesota Statutes 2004, section 169A.60, subdivision 4, is amended to read:
8.25 		Subd. 4.Peace officer as agent for notice of impoundment. On behalf of the 
8.26 	commissioner, a peace officer issuing a notice of intent to revoke and of revocation for a 
8.27 	plate impoundment violation shall also serve a notice of intent to impound and an order of 
8.28 	impoundment. On behalf of the commissioner, a peace officer who is arresting a person 
8.29 	for or charging a person with a plate impoundment violation described in subdivision 
8.30 	1, paragraph ~~(c)~~ (d), clause (5), shall also serve a notice of intent to impound and an 
8.31 	order of impoundment. If the vehicle involved in the plate impoundment violation is 
8.32 	accessible to the officer at the time the impoundment order is issued, the officer shall seize 
8.33 	the registration plates subject to the impoundment order. The officer shall destroy all 
8.34 	plates seized or impounded under this section. The officer shall send to the commissioner 
9.1 	copies of the notice of intent to impound and the order of impoundment and a notice that 
9.2 	registration plates impounded and seized under this section have been destroyed.

9.3 	Sec. 14.  REPEALER.
 9.4 	Minnesota Statutes 2004, section 169A.41, subdivision 4, is repealed.

9.5 	Sec. 15. EFFECTIVE DATE.
 9.6 	Sections 1, 2, and 4 to 14 are effective August 1, 2006, and apply to impaired 
9.7 	driving incidents occurring on or after that date. Section 3 is effective the day following 
9.8 	final enactment.