1.1                          A bill for an act 
  1.2             relating to crime prevention; recodifying the driving 
  1.3             while impaired crimes and related provisions; making 
  1.4             numerous clarifying, technical, and substantive 
  1.5             changes in the pursuit of simplification; amending 
  1.6             Minnesota Statutes 1998, section 629.471; Minnesota 
  1.7             Statutes 1999 Supplement, sections 260B.171, 
  1.8             subdivision 7; 260B.225, subdivision 4; and 609.035, 
  1.9             subdivision 2; proposing coding for new law as 
  1.10            Minnesota Statutes, chapter 169A; repealing Minnesota 
  1.11            Statutes 1998, sections 168.042; 169.01, subdivisions 
  1.12            61, 68, 82, 83, 86, 87, 88, and 89; 169.121, 
  1.13            subdivisions 1, 1a, 1b, 1d, 2, 3b, 3c, 5, 5a, 5b, 6, 
  1.14            7, 8, 9, 10, 10a, 11, and 12; 169.1211; 169.1215; 
  1.15            169.1216; 169.1217, subdivisions 2, 3, 4, 5, 6, and 8; 
  1.16            169.1218; 169.1219; 169.122, subdivisions 1, 2, 3, and 
  1.17            4; 169.123, subdivisions 2, 2a, 2b, 2c, 3, 4, 5, 5a, 
  1.18            5b, 6, 7, 8, and 10; 169.124; 169.125; 169.126; 
  1.19            169.1261; 169.1265; 169.128; and 169.129, subdivision 
  1.20            3; Minnesota Statutes 1999 Supplement, sections 
  1.21            169.121, subdivisions 1c, 3, 3d, 3f, and 4; 169.1217, 
  1.22            subdivisions 1, 7, 7a, and 9; 169.122, subdivision 5; 
  1.23            169.123, subdivisions 1 and 5c; and 169.129, 
  1.24            subdivision 1. 
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26                             ARTICLE 1 
  1.27                            CHAPTER 169A 
  1.28                      DRIVING WHILE IMPAIRED; 
  1.29               CRIMINAL AND ADMINISTRATIVE SANCTIONS 
  1.30                         GENERAL PROVISIONS
  1.31     Section 1.  [169A.01] [CITATION; APPLICATION.] 
  1.32     Subdivision 1.  [CITATION.] This chapter may be cited as 
  1.33  the Minnesota Impaired Driving Code. <i>[new]</i> 
  1.34     Subd. 2.  [APPLICATION.] Unless otherwise indicated, the 
  1.35  provisions of this chapter apply to any person who drives, 
  2.1   operates, or is in physical control of a motor vehicle within 
  2.2   this state or on any boundary water of this state.  The 
  2.3   provisions of this chapter are applicable and uniform throughout 
  2.4   the state and in all its political subdivisions and 
  2.5   municipalities. <i>[169.02 and 169.022]</i> 
  2.6      Subd. 3.  [LOCAL ORDINANCES.] No local authority may enact 
  2.7   or enforce any rule or regulation that conflicts with a 
  2.8   provision of this chapter unless expressly authorized to do so 
  2.9   in this chapter.  Local authorities may adopt traffic 
  2.10  regulations that do not conflict with the provisions of this 
  2.11  chapter.  However, if any local ordinance regulating traffic 
  2.12  covers the same subject for which a penalty is provided for in 
  2.13  this chapter, the penalty provided for the violation of the 
  2.14  local ordinance must be identical to the penalty provided for in 
  2.15  this chapter for the same offense. <i>[169.022]</i> 
  2.16     Sec. 2.  [169A.03] [DEFINITIONS.] <i>[various]</i> 
  2.17     Subdivision 1.  [SCOPE.] (a) As used in this chapter, 
  2.18  unless the context clearly indicates otherwise, the terms 
  2.19  defined in this section have the meanings given. 
  2.20     (b) If a term defined in section 169.01, but not defined in 
  2.21  this chapter, is used in this chapter, the term has the meaning 
  2.22  given in section 169.01, unless the context clearly indicates 
  2.23  otherwise. 
  2.24     Subd. 2.  [ALCOHOL CONCENTRATION.] "Alcohol concentration" 
  2.25  means: 
  2.26     (1) the number of grams of alcohol per 100 milliliters of 
  2.27  blood; 
  2.28     (2) the number of grams of alcohol per 210 liters of 
  2.29  breath; or 
  2.30     (3) the number of grams of alcohol per 67 milliliters of 
  2.31  urine. 
  2.32     Subd. 3.  [AGGRAVATING FACTOR.] "Aggravating factor" 
  2.33  includes: 
  2.34     (1) a qualified prior impaired driving incident within the 
  2.35  15 years immediately preceding the current offense; 
  2.36     (2) having an alcohol concentration of 0.20 or more as 
  3.1   measured at the time, or within two hours of the time, of the 
  3.2   offense; or 
  3.3      (3) having a child under the age of 16 in the vehicle at 
  3.4   the time of the offense if the child is more than 36 months 
  3.5   younger than the offender. 
  3.6      Subd. 4.  [COMMERCIAL MOTOR VEHICLE.] "Commercial motor 
  3.7   vehicle" has the meaning given in section 169.01, subdivision 75.
  3.8      Subd. 5.  [COMMISSIONER.] "Commissioner" means the 
  3.9   commissioner of public safety or a designee. 
  3.10     Subd. 6.  [CONTROLLED SUBSTANCE.] "Controlled substance" 
  3.11  has the meaning given in section 152.01, subdivision 4. 
  3.12     Subd. 7.  [DRIVER.] "Driver" has the meaning given in 
  3.13  section 169.01, subdivision 25. 
  3.14     Subd. 8.  [GROSS MISDEMEANOR.] "Gross misdemeanor" means a 
  3.15  crime for which a person may be sentenced to imprisonment for 
  3.16  not more than one year, or to payment of a fine of not more than 
  3.17  $3,000, or both. 
  3.18     Subd. 9.  [HAZARDOUS SUBSTANCE.] "Hazardous substance" 
  3.19  means any chemical or chemical compound that is listed as a 
  3.20  hazardous substance in rules adopted under chapter 182 
  3.21  (occupational safety and health). 
  3.22     Subd. 10.  [HEAD START BUS.] "Head Start bus" has the 
  3.23  meaning given in section 169.01, subdivision 80. 
  3.24     Subd. 11.  [INFRARED BREATH-TESTING INSTRUMENT.] "Infrared 
  3.25  breath-testing instrument" means a breath-testing instrument 
  3.26  that employs infrared technology and has been approved by the 
  3.27  commissioner of public safety for determining alcohol 
  3.28  concentration.  
  3.29     Subd. 12.  [MISDEMEANOR.] "Misdemeanor" means a crime for 
  3.30  which a person may be sentenced to imprisonment for not more 
  3.31  than 90 days, or to payment of a fine of not more than $700, or 
  3.32  both. 
  3.33     Subd. 13.  [MOTORBOAT.] "Motorboat" has the meaning given 
  3.34  in section 86B.005, subdivision 9. 
  3.35     Subd. 14.  [MOTORBOAT IN OPERATION.] "Motorboat in 
  3.36  operation" does not include a motorboat that is anchored, 
  4.1   beached, or securely fastened to a dock or other permanent 
  4.2   mooring or a motorboat that is being rowed or propelled by other 
  4.3   than mechanical means. 
  4.4      Subd. 15.  [MOTOR VEHICLE.] "Motor vehicle" means every 
  4.5   vehicle that is self-propelled and every vehicle that is 
  4.6   propelled by electric power obtained from overhead trolley 
  4.7   wires.  The term includes motorboats in operation and off-road 
  4.8   recreational vehicles, but does not include a vehicle moved 
  4.9   solely by human power. 
  4.10     Subd. 16.  [OFF-ROAD RECREATIONAL VEHICLE.] "Off-road 
  4.11  recreational vehicle" means an off-highway motorcycle as defined 
  4.12  in section 84.787, subdivision 7; off-road vehicle as defined in 
  4.13  section 84.797, subdivision 7; snowmobile as defined in section 
  4.14  84.81, subdivision 3; and all-terrain vehicle as defined in 
  4.15  section 84.92, subdivision 8. 
  4.16     Subd. 17.  [OWNER.] "Owner" has the meaning given in 
  4.17  section 169.01, subdivision 26. 
  4.18     Subd. 18.  [PEACE OFFICER.] "Peace officer" means: 
  4.19     (1) a state patrol officer; 
  4.20     (2) University of Minnesota peace officer; 
  4.21     (3) a constable as defined in section 367.40, subdivision 
  4.22  3; 
  4.23     (4) police officer of any municipality, including towns 
  4.24  having powers under section 368.01, or county; and 
  4.25     (5) for purposes of violations of this chapter in or on an 
  4.26  off-road recreational vehicle or motorboat, or for violations of 
  4.27  section 97B.065 or 97B.066, a state conservation officer. 
  4.28     Subd. 19.  [POLICE OFFICER.] "Police officer" has the 
  4.29  meaning given in section 169.01, subdivision 27. 
  4.30     Subd. 20.  [PRIOR IMPAIRED DRIVING CONVICTION.] "Prior 
  4.31  impaired driving conviction" includes a prior conviction under: 
  4.32     (1) section 169A.20 (driving while impaired); 169A.31 
  4.33  (alcohol-related school bus or Head Start bus driving); or 
  4.34  360.0752 (impaired aircraft operation); 
  4.35     (2) section 609.21 (criminal vehicular homicide and injury, 
  4.36  substance-related offenses), subdivision 1, clauses (2) to (6); 
  5.1   subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
  5.2   to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
  5.3   clauses (2) to (6); or subdivision 4, clauses (2) to (6); 
  5.4      (3) Minnesota Statutes 1998, section 169.121 (driver under 
  5.5   influence of alcohol or controlled substance); 169.1211 
  5.6   (alcohol-related driving by commercial vehicle drivers); or 
  5.7   169.129 (aggravated DWI-related violations; penalty); 
  5.8      (4) Minnesota Statutes 1996, section 84.91, subdivision 1, 
  5.9   paragraph (a) (operating snowmobile or all-terrain vehicle while 
  5.10  impaired); or 86B.331, subdivision 1, paragraph (a) (operating 
  5.11  motorboat while impaired); or 
  5.12     (5) an ordinance from this state, or a statute or ordinance 
  5.13  from another state, in conformity with any provision listed in 
  5.14  clause (1), (2), (3), or (4). 
  5.15  A "prior impaired driving conviction" also includes a prior 
  5.16  juvenile adjudication that would have been a prior impaired 
  5.17  driving conviction if committed by an adult. 
  5.18     Subd. 21.  [PRIOR IMPAIRED DRIVING-RELATED LOSS OF 
  5.19  LICENSE.] "Prior impaired driving-related loss of license" 
  5.20  includes a driver's license suspension, revocation, 
  5.21  cancellation, denial, or disqualification under: 
  5.22     (1) section 169A.31 (alcohol-related school bus or Head 
  5.23  Start bus driving); 169A.50 to 169A.53 (implied consent law); 
  5.24  169A.54 (impaired driving convictions and adjudications; 
  5.25  administrative penalties); 171.04 (persons not eligible for 
  5.26  drivers' licenses); 171.14 (cancellation); 171.16 (court may 
  5.27  recommend suspension); 171.165 (commercial driver's license, 
  5.28  disqualification); 171.17 (revocation); or 171.18 (suspension); 
  5.29  because of an alcohol-related incident; 
  5.30     (2) section 609.21 (criminal vehicular homicide and injury, 
  5.31  substance-related offenses), subdivision 1, clauses (2) to (6); 
  5.32  subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
  5.33  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
  5.34  clauses (2) to (6); or subdivision 4, clauses (2) to (6); 
  5.35     (3) Minnesota Statutes 1998, section 169.121 (driver under 
  5.36  influence of alcohol or controlled substance); 169.1211 
  6.1   (alcohol-related driving by commercial vehicle drivers); or 
  6.2   169.123 (chemical tests for intoxication); or 
  6.3      (4) an ordinance from this state, or a statute or ordinance 
  6.4   from another state, in conformity with any provision listed in 
  6.5   clause (1), (2), or (3). 
  6.6   "Prior impaired driving-related loss of license" also includes 
  6.7   the revocation of snowmobile or all-terrain vehicle operating 
  6.8   privileges under section 84.911 (chemical testing), or motorboat 
  6.9   operating privileges under section 86B.335 (testing for alcohol 
  6.10  and controlled substances), for violations that occurred on or 
  6.11  after August 1, 1994; the revocation of snowmobile or 
  6.12  all-terrain vehicle operating privileges under section 84.91 
  6.13  (operation of snowmobiles and all-terrain vehicles by persons 
  6.14  under the influence of alcohol or controlled substances); or the 
  6.15  revocation of motorboat operating privileges under section 
  6.16  86B.331 (operation while using alcohol or drugs or with a 
  6.17  physical or mental disability). 
  6.18     Subd. 22.  [QUALIFIED PRIOR IMPAIRED DRIVING 
  6.19  INCIDENT.] "Qualified prior impaired driving incident" includes 
  6.20  prior impaired driving convictions and prior impaired 
  6.21  driving-related losses of license. 
  6.22     Subd. 23.  [SCHOOL BUS.] "School bus" has the meaning given 
  6.23  in section 169.01, subdivision 6. 
  6.24     Subd. 24.  [STREET OR HIGHWAY.] "Street or highway" has the 
  6.25  meaning given in section 169.01, subdivision 29. 
  6.26     Subd. 25.  [VEHICLE.] "Vehicle" has the meaning given in 
  6.27  section 169.01, subdivision 2. 
  6.28     Sec. 3.  [169A.05] [PARENTHETICAL REFERENCES.] 
  6.29     Words set forth in parentheses after references to sections 
  6.30  or subdivisions in this chapter are mere catchwords included 
  6.31  solely for convenience in reference.  They are not substantive 
  6.32  and may not be used to construe or limit the meaning of any 
  6.33  statutory language. <i>[new, see 645.49]</i> 
  6.34     Sec. 4.  [169A.07] [FIRST-TIME DWI VIOLATOR; OFF-ROAD 
  6.35  RECREATIONAL VEHICLE OR MOTORBOAT.] 
  6.36     A person who violates section 169A.20 (driving while 
  7.1   impaired) while using an off-road recreational vehicle or 
  7.2   motorboat and who does not have a qualified prior impaired 
  7.3   driving incident is subject only to the criminal penalty 
  7.4   provided in section 169A.25 (first-degree driving while 
  7.5   impaired), 169A.26 (second-degree driving while impaired), or 
  7.6   169A.27 (third-degree driving while impaired); and loss of 
  7.7   operating privileges as provided in section 84.91, subdivision 1 
  7.8   (operation of snowmobiles or all-terrain vehicles by persons 
  7.9   under the influence of alcohol or controlled substances), or 
  7.10  86B.331, subdivision 1 (operation of motorboats while using 
  7.11  alcohol or with a physical or mental disability), whichever is 
  7.12  applicable.  The person is not subject to the provisions of 
  7.13  sections 169A.275, subdivision 5, (submission to the level of 
  7.14  care recommended in chemical use assessment for repeat offenders 
  7.15  and offenders with alcohol concentration of 0.20 or more); 
  7.16  169A.277 (long-term monitoring); 169A.285 (penalty assessment); 
  7.17  169A.44 (conditional release); 169A.54 (impaired driving 
  7.18  convictions and adjudications; administrative penalties); or 
  7.19  169A.54, subdivision 11 (chemical use assessment); the license 
  7.20  revocation sanctions of sections 169A.50 to 169A.53 (implied 
  7.21  consent law); or the plate impoundment provisions of section 
  7.22  169A.60 (administrative impoundment of plates). <i>[169.121, subd.</i> 
  7.23  <i>1d]</i> 
  7.24     Sec. 5.  [169A.09] [SANCTION FOR PRIOR BEHAVIOR BASED ON 
  7.25  SEPARATE COURSES OF CONDUCT.] 
  7.26     Prior impaired driving convictions and prior impaired 
  7.27  driving-related losses of license must arise out of a separate 
  7.28  course of conduct to be considered as multiple qualified prior 
  7.29  impaired driving incidents under this chapter.  When a person 
  7.30  has a prior impaired driving conviction and a prior impaired 
  7.31  driving-related loss of license based on the same course of 
  7.32  conduct, either the conviction or the loss of license may be 
  7.33  considered a qualified prior impaired driving incident, but not 
  7.34  both. <i>[new]</i> 
  7.35     Sec. 6.  [169A.095] [DETERMINING NUMBER OF AGGRAVATING 
  7.36  FACTORS.] 
  8.1      When determining the number of aggravating factors present 
  8.2   for purposes of this chapter, subject to section 169A.09 
  8.3   (sanctions for prior behavior to be based on separate courses of 
  8.4   conduct), each qualified prior impaired driving incident within 
  8.5   the 15 years immediately preceding the current offense is 
  8.6   counted as a separate aggravating factor. <i>[new]</i> 
  8.7                         CRIMINAL PROVISIONS 
  8.8      Sec. 7.  [169A.20] [DRIVING WHILE IMPAIRED.] 
  8.9      Subdivision 1.  [DRIVING WHILE IMPAIRED CRIME.] It is a 
  8.10  crime for any person to drive, operate, or be in physical 
  8.11  control of any motor vehicle within this state or on any 
  8.12  boundary water of this state: 
  8.13     (1) when the person is under the influence of alcohol; 
  8.14     (2) when the person is under the influence of a controlled 
  8.15  substance; 
  8.16     (3) when the person is knowingly under the influence of a 
  8.17  hazardous substance that affects the nervous system, brain, or 
  8.18  muscles of the person so as to substantially impair the person's 
  8.19  ability to drive or operate the motor vehicle; 
  8.20     (4) when the person is under the influence of a combination 
  8.21  of any two or more of the elements named in clauses (1), (2), 
  8.22  and (3); 
  8.23     (5) when the person's alcohol concentration at the time, or 
  8.24  as measured within two hours of the time, of driving, operating, 
  8.25  or being in physical control of the motor vehicle is 0.10 or 
  8.26  more; 
  8.27     (6) when the vehicle is a commercial motor vehicle and the 
  8.28  person's alcohol concentration at the time, or as measured 
  8.29  within two hours of the time, of driving, operating, or being in 
  8.30  physical control of the commercial motor vehicle is 0.04 or 
  8.31  more; or 
  8.32     (7) when the person's body contains any amount of a 
  8.33  controlled substance listed in schedule I or II other than 
  8.34  marijuana or tetrahydrocannabinols. <i>[169.121, subd. 1; 169.1211,</i> 
  8.35  <i>subd. 1]</i> 
  8.36     Subd. 2.  [REFUSAL TO SUBMIT TO CHEMICAL TEST CRIME.] It is 
  9.1   a crime for any person to refuse to submit to a chemical test of 
  9.2   the person's blood, breath, or urine under section 169A.52 (test 
  9.3   refusal or failure; revocation of license). <i>[169.121, subd. 1a]</i> 
  9.4      Subd. 3.  [SENTENCE.] A person who violates this section 
  9.5   may be sentenced as provided in section 169A.25 (first-degree 
  9.6   driving while impaired), 169A.26 (second-degree driving while 
  9.7   impaired), or 169A.27 (third-degree driving while 
  9.8   impaired). <i>[new]</i> 
  9.9      Sec. 8.  [169A.25] [FIRST-DEGREE DRIVING WHILE IMPAIRED.] 
  9.10     Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
  9.11  section 169A.20 (driving while impaired) is guilty of 
  9.12  first-degree driving while impaired if two or more aggravating 
  9.13  factors were present when the violation was committed. <i>[new]</i> 
  9.14     Subd. 2.  [CRIMINAL PENALTY.] First-degree driving while 
  9.15  impaired is a gross misdemeanor.  The mandatory penalties 
  9.16  described in section 169A.275 and the long-term monitoring 
  9.17  described in section 169A.277 may be applicable. <i>[new]</i> 
  9.18     Sec. 9.  [169A.26] [SECOND-DEGREE DRIVING WHILE IMPAIRED.] 
  9.19     Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
  9.20  section 169A.20 (driving while impaired) is guilty of 
  9.21  second-degree driving while impaired if one aggravating factor 
  9.22  was present when the violation was committed. <i>[new]</i> 
  9.23     Subd. 2.  [CRIMINAL PENALTY.] Second-degree driving while 
  9.24  impaired is a gross misdemeanor.  The mandatory penalties 
  9.25  described in section 169A.275 and the long-term monitoring 
  9.26  described in section 169A.277 may be applicable. <i>[new]</i> 
  9.27     Sec. 10.  [169A.27] [THIRD-DEGREE DRIVING WHILE IMPAIRED.] 
  9.28     Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
  9.29  section 169A.20 (driving while impaired) is guilty of 
  9.30  third-degree driving while impaired. <i>[new]</i> 
  9.31     Subd. 2.  [CRIMINAL PENALTY.] Third-degree driving while 
  9.32  impaired is a misdemeanor. <i>[new]</i> 
  9.33     Sec. 11.  [169A.275] [MANDATORY PENALTIES.] 
  9.34     Subdivision 1.  [SECOND OFFENSE.] (a) The court shall 
  9.35  sentence a person who is convicted of a violation of section 
  9.36  169A.20 (driving while impaired) within 15 years of a qualified 
 10.1   prior impaired driving incident to either:  
 10.2      (1) a minimum of 30 days of incarceration, at least 48 
 10.3   hours of which must be served consecutively in a local 
 10.4   correctional facility; or 
 10.5      (2) eight hours of community work service for each day less 
 10.6   than 30 days that the person is ordered to serve in a local 
 10.7   correctional facility.  
 10.8   Notwithstanding section 609.135 (stay of imposition or execution 
 10.9   of sentence), the penalties in this paragraph must be executed, 
 10.10  unless the court departs from the mandatory minimum sentence 
 10.11  under paragraph (b) or (c). 
 10.12     (b) Prior to sentencing, the prosecutor may file a motion 
 10.13  to have a defendant described in paragraph (a) sentenced without 
 10.14  regard to the mandatory minimum sentence established by that 
 10.15  paragraph.  The motion must be accompanied by a statement on the 
 10.16  record of the reasons for it.  When presented with the 
 10.17  prosecutor's motion and if it finds that substantial mitigating 
 10.18  factors exist, the court shall sentence the defendant without 
 10.19  regard to the mandatory minimum sentence established by 
 10.20  paragraph (a).  
 10.21     (c) The court may, on its own motion, sentence a defendant 
 10.22  described in paragraph (a) without regard to the mandatory 
 10.23  minimum sentence established by that paragraph if it finds that 
 10.24  substantial mitigating factors exist and if its sentencing 
 10.25  departure is accompanied by a statement on the record of the 
 10.26  reasons for it.  The court also may sentence the defendant 
 10.27  without regard to the mandatory minimum sentence established by 
 10.28  paragraph (a) if the defendant is sentenced to probation and 
 10.29  ordered to participate in a program established under section 
 10.30  169A.74 (pilot programs of intensive probation for repeat DWI 
 10.31  offenders). 
 10.32     (d) When any portion of the sentence required by paragraph 
 10.33  (a) is not executed, the court should impose a sentence that is 
 10.34  proportional to the extent of the offender's prior criminal and 
 10.35  moving traffic violation record.  Any sentence required under 
 10.36  paragraph (a) must include a mandatory sentence that is not 
 11.1   subject to suspension or a stay of imposition or execution, and 
 11.2   that includes incarceration for not less than 48 consecutive 
 11.3   hours or at least 80 hours of community work service. 
 11.4      Subd. 2.  [THIRD OFFENSE.] (a) The court shall sentence a 
 11.5   person who is convicted of a violation of section 169A.20 
 11.6   (driving while impaired) within 15 years of the first of two 
 11.7   qualified prior impaired driving incidents to either: 
 11.8      (1) a minimum of 90 days of incarceration, at least 30 days 
 11.9   of which must be served consecutively in a local correctional 
 11.10  facility; or 
 11.11     (2) a program of intensive supervision of the type 
 11.12  described in section 169A.74 (pilot programs of intensive 
 11.13  probation for repeat DWI offenders) that requires the person to 
 11.14  consecutively serve at least six days in a local correctional 
 11.15  facility.  
 11.16     (b) The court may order that the person serve not more than 
 11.17  60 days of the minimum penalty under paragraph (a), clause (1), 
 11.18  on home detention or in an intensive probation program described 
 11.19  in section 169A.74. 
 11.20     (c) Notwithstanding section 609.135, the penalties in this 
 11.21  subdivision must be imposed and executed. 
 11.22     Subd. 3.  [FOURTH OFFENSE.] (a) The court shall sentence a 
 11.23  person who is convicted of a violation of section 169A.20 
 11.24  (driving while impaired) within 15 years of the first of three 
 11.25  qualified prior impaired driving incidents to either: 
 11.26     (1) a minimum of 180 days of incarceration, at least 30 
 11.27  days of which must be served consecutively in a local 
 11.28  correctional facility; or 
 11.29     (2) a program of intensive supervision of the type 
 11.30  described in section 169A.74 (pilot programs of intensive 
 11.31  probation for repeat DWI offenders) that requires the person to 
 11.32  consecutively serve at least six days in a local correctional 
 11.33  facility.  
 11.34     (b) The court may order that the person serve not more than 
 11.35  150 days of the minimum penalty under paragraph (a), clause (1), 
 11.36  on home detention or in an intensive probation program described 
 12.1   in section 169A.74.  Notwithstanding section 609.135, the 
 12.2   penalties in this subdivision must be imposed and executed. 
 12.3      Subd. 4.  [FIFTH OFFENSE OR MORE.] (a) The court shall 
 12.4   sentence a person who is convicted of a violation of section 
 12.5   169A.20 (driving while impaired) within 15 years of the first of 
 12.6   four or more qualified prior impaired driving incidents to 
 12.7   either: 
 12.8      (1) a minimum of one year of incarceration, at least 60 
 12.9   days of which must be served consecutively in a local 
 12.10  correctional facility; or 
 12.11     (2) a program of intensive supervision of the type 
 12.12  described in section 169A.74 (pilot programs of intensive 
 12.13  probation for repeat DWI offenders) that requires the person to 
 12.14  consecutively serve at least six days in a local correctional 
 12.15  facility.  
 12.16     (b) The court may order that the person serve the remainder 
 12.17  of the minimum penalty under paragraph (a), clause (1), on 
 12.18  intensive probation using an electronic monitoring system or, if 
 12.19  such a system is unavailable, on home detention.  
 12.20  Notwithstanding section 609.135, the penalties in this 
 12.21  subdivision must be imposed and executed. 
 12.22     Subd. 5.  [LEVEL OF CARE RECOMMENDED IN CHEMICAL USE 
 12.23  ASSESSMENT.] In addition to other penalties required under this 
 12.24  section, the court shall order a person to submit to the level 
 12.25  of care recommended in the chemical use assessment conducted 
 12.26  under section 169A.70 (alcohol safety program; chemical use 
 12.27  assessments) if the person is convicted of violating section 
 12.28  169A.20 (driving while impaired) while having an alcohol 
 12.29  concentration of 0.20 or more as measured at the time, or within 
 12.30  two hours of the time, of the offense or if the violation occurs 
 12.31  within 15 years of one or more qualified prior impaired driving 
 12.32  incidents. <i>[169.121, subd. 3d (par. (a) to (g)); 169.121, subd.</i> 
 12.33  <i>3b (par. (h))]</i> 
 12.34     Sec. 12.  [169A.277] [LONG-TERM MONITORING.] 
 12.35     Subdivision 1.  [APPLICABILITY.] This section applies to a 
 12.36  person convicted of: 
 13.1      (1) a violation of section 169A.20 (driving while impaired) 
 13.2   within 15 years of the first of two or more prior impaired 
 13.3   driving convictions; 
 13.4      (2) a violation of section 169A.20, if the person is under 
 13.5   the age of 19 years and has previously been convicted of 
 13.6   violating section 169A.20 or Minnesota Statutes 1998, section 
 13.7   169.121 (driver under the influence of alcohol or controlled 
 13.8   substance); or 
 13.9      (3) a violation of section 169A.20, while the person's 
 13.10  driver's license or driving privileges have been canceled under 
 13.11  section 171.04, subdivision 1, clause (9) (persons not eligible 
 13.12  for drivers' licenses, inimical to public safety). 
 13.13     Subd. 2.  [MONITORING REQUIRED.] When the court sentences a 
 13.14  person described in subdivision 1 to a stayed sentence and when 
 13.15  electronic monitoring equipment is available to the court, the 
 13.16  court shall require that the person participate in a program of 
 13.17  electronic alcohol monitoring in addition to any other 
 13.18  conditions of probation or jail time it imposes.  During the 
 13.19  first one-third of the person's probationary term, the 
 13.20  electronic alcohol monitoring must be continuous and involve 
 13.21  measurements of the person's alcohol concentration at least 
 13.22  three times a day.  During the remainder of the person's 
 13.23  probationary term, the electronic alcohol monitoring may be 
 13.24  intermittent, as determined by the court.  
 13.25     Subd. 3.  [REIMBURSEMENT.] The court shall require partial 
 13.26  or total reimbursement from the person for the cost of the 
 13.27  electronic alcohol monitoring, to the extent the person is able 
 13.28  to pay. <i>[169.121, subd. 3e]</i> 
 13.29     Sec. 13.  [169A.28] [CONSECUTIVE SENTENCES.] 
 13.30     Subdivision 1.  [MANDATORY CONSECUTIVE SENTENCES.] The 
 13.31  court shall impose consecutive sentences when it sentences a 
 13.32  person for: 
 13.33     (1) violations of section 169A.20 (driving while impaired) 
 13.34  arising out of separate courses of conduct; 
 13.35     (2) a violation of section 169A.20 when the person, at the 
 13.36  time of sentencing, is on probation for, or serving, an executed 
 14.1   sentence for a violation of section 169A.20 or Minnesota 
 14.2   Statutes 1998, section 169.121 (driver under the influence of 
 14.3   alcohol or controlled substance) or 169.129 (aggravated 
 14.4   DWI-related violations; penalty), and the prior sentence 
 14.5   involved a separate course of conduct; or 
 14.6      (3) a violation of section 169A.20 and another offense 
 14.7   arising out of a single course of conduct that is listed in 
 14.8   subdivision 2, paragraph (f), when the person has five or more 
 14.9   qualified prior impaired driving incidents within the past 15 
 14.10  years. <i>[169.121, subd. 3, par. (f) and (i); 609.035, subd. 2,</i> 
 14.11  <i>par. (g)]</i> 
 14.12     Subd. 2.  [PERMISSIVE CONSECUTIVE SENTENCES; MULTIPLE 
 14.13  OFFENSES.] (a) When a person is being sentenced for a violation 
 14.14  of a provision listed in paragraph (e), the court may sentence 
 14.15  the person to a consecutive term of imprisonment for a violation 
 14.16  of any other provision listed in paragraph (e), notwithstanding 
 14.17  the fact that the offenses arose out of the same course of 
 14.18  conduct, subject to the limitation on consecutive sentences 
 14.19  contained in section 609.15, subdivision 2, and except as 
 14.20  provided in paragraphs (b) and (c) of this subdivision. 
 14.21     (b) When a person is being sentenced for a violation of 
 14.22  section 171.20 (operation after revocation, suspension, 
 14.23  cancellation, or disqualification), 171.24 (driving without 
 14.24  valid license), or 171.30 (violation of condition of limited 
 14.25  license), the court may not impose a consecutive sentence for 
 14.26  another violation of a provision in chapter 171 (drivers' 
 14.27  licenses and training schools). 
 14.28     (c) When a person is being sentenced for a violation of 
 14.29  section 169.791 (failure to provide proof of insurance) or 
 14.30  169.797 (failure to provide vehicle insurance), the court may 
 14.31  not impose a consecutive sentence for another violation of a 
 14.32  provision of sections 169.79 to 169.7995. 
 14.33     (d) This subdivision does not limit the authority of the 
 14.34  court to impose consecutive sentences for crimes arising on 
 14.35  different dates or to impose a consecutive sentence when a 
 14.36  person is being sentenced for a crime and is also in violation 
 15.1   of the conditions of a stayed or otherwise deferred sentence 
 15.2   under section 609.135 (stay of imposition or execution of 
 15.3   sentence). 
 15.4      (e) This subdivision applies to misdemeanor and gross 
 15.5   misdemeanor violations of the following if the offender has two 
 15.6   or more prior impaired driving convictions within the past 15 
 15.7   years: 
 15.8      (1) section 169A.20 (driving while impaired); 
 15.9      (2) section 169.791; 
 15.10     (3) section 169.797; 
 15.11     (4) section 171.20, subdivision 2 (operation after 
 15.12  revocation, suspension, cancellation, or disqualification); 
 15.13     (5) section 171.24; and 
 15.14     (6) section 171.30. <i>[169.121, subd. 3, par. (h); 609.035,</i> 
 15.15  <i>subd. 2]</i> 
 15.16     Subd. 3.  [PERMISSIVE CONSECUTIVE SENTENCES; PREVIOUS 
 15.17  OFFENSES.] The court may order that the sentence imposed for a 
 15.18  violation of section 169A.20 (driving while impaired) run 
 15.19  consecutively to a previously imposed misdemeanor, gross 
 15.20  misdemeanor, or felony sentence for a violation other than 
 15.21  section 169A.20. <i>[169.121, subd. 3, par. (f)]</i> 
 15.22     Sec. 14.  [169A.283] [STAY OF EXECUTION OF SENTENCE.] 
 15.23     Subdivision 1.  [STAY AUTHORIZED.] Except as otherwise 
 15.24  provided in section 169A.275 (mandatory penalties), when a court 
 15.25  sentences a person convicted of a violation of section 169A.20 
 15.26  (driving while impaired), the court may stay execution of the 
 15.27  criminal sentence described in section 169A.25 (first-degree 
 15.28  driving while impaired), 169A.26 (second-degree driving while 
 15.29  impaired), or 169A.27 (third-degree driving while impaired), on 
 15.30  the condition that the convicted person submit to the level of 
 15.31  care recommended in the chemical use assessment report required 
 15.32  under section 169A.70 (alcohol safety programs; chemical use 
 15.33  assessments).  If the court does not order a level of care in 
 15.34  accordance with the assessment report recommendation as a 
 15.35  condition of a stay of execution, it shall state on the record 
 15.36  its reasons for not following the assessment report 
 16.1   recommendation.  
 16.2      Subd. 2.  [MANNER AND LENGTH OF STAY, REQUIRED REPORT.] A 
 16.3   stay of execution must be in the manner provided in section 
 16.4   609.135 (stay of imposition or execution of sentence).  The 
 16.5   length of stay is governed by section 609.135, subdivision 2.  
 16.6   The court shall report to the commissioner any stay of execution 
 16.7   of sentence granted under this section. 
 16.8      Subd. 3.  [NO STAY OF LICENSE REVOCATION.] The court may 
 16.9   not stay the execution of the driver's license revocation 
 16.10  provisions of section 169A.54 (impaired driving convictions and 
 16.11  adjudications; administrative penalties). <i>[169.121, subd. 3,</i> 
 16.12  <i>par. (g); 169.121, subd. 5]</i> 
 16.13     Sec. 15.  [169A.284] [CHEMICAL DEPENDENCY ASSESSMENT 
 16.14  CHARGE; SURCHARGE.] 
 16.15     Subdivision 1.  [WHEN REQUIRED.] (a) When a court sentences 
 16.16  a person convicted of an offense enumerated in section 169A.70, 
 16.17  subdivision 2 (chemical use assessment; requirement; form), it 
 16.18  shall impose a chemical dependency assessment charge of $125.  A 
 16.19  person shall pay an additional surcharge of $5 if the person is 
 16.20  convicted of a violation of section 169A.20 (driving while 
 16.21  impaired) within five years of a prior impaired driving 
 16.22  conviction or a prior conviction for an offense arising out of 
 16.23  an arrest for a violation of section 169A.20 or Minnesota 
 16.24  Statutes 1998, section 169.121 (driver under influence of 
 16.25  alcohol or controlled substance) or 169.129 (aggravated 
 16.26  DWI-related violations; penalty).  This section applies when the 
 16.27  sentence is executed, stayed, or suspended.  The court may not 
 16.28  waive payment or authorize payment of the assessment charge and 
 16.29  surcharge in installments unless it makes written findings on 
 16.30  the record that the convicted person is indigent or that the 
 16.31  assessment charge and surcharge would create undue hardship for 
 16.32  the convicted person or that person's immediate family.  
 16.33     (b) The chemical dependency assessment charge and surcharge 
 16.34  required under this section are in addition to the surcharge 
 16.35  required by section 357.021, subdivision 6 (surcharges on 
 16.36  criminal and traffic offenders). <i>[169.121, subd. 5a]</i> 
 17.1      Subd. 2.  [DISTRIBUTION OF MONEY.] The county shall collect 
 17.2   and forward to the commissioner of finance $25 of the chemical 
 17.3   dependency assessment charge and the $5 surcharge, if any, 
 17.4   within 60 days after sentencing or explain to the commissioner 
 17.5   in writing why the money was not forwarded within this time 
 17.6   period.  The commissioner shall credit the money to the general 
 17.7   fund.  The county shall collect and keep $100 of the chemical 
 17.8   dependency assessment charge. <i>[169.121, subd. 5a]</i> 
 17.9      Sec. 16.  [169A.285] [PENALTY ASSESSMENT.] 
 17.10     Subdivision 1.  [AUTHORITY; AMOUNT.] When a court sentences 
 17.11  a person who violates section 169A.20 (driving while impaired) 
 17.12  while having an alcohol concentration of 0.20 or more as 
 17.13  measured at the time, or within two hours of the time, of the 
 17.14  violation, the court may impose a penalty assessment of up to 
 17.15  $1,000.  The court may impose this assessment in addition to any 
 17.16  other penalties or charges authorized under law.  
 17.17     Subd. 2.  [ASSESSMENT DISTRIBUTION.] Money collected under 
 17.18  this section must be distributed as follows: 
 17.19     (1) if the arresting officer is an employee of a political 
 17.20  subdivision, the assessment must be forwarded to the treasury of 
 17.21  the political subdivision for use in enforcement, training, and 
 17.22  education activities related to driving while impaired; or 
 17.23     (2) if the arresting officer is an employee of the state, 
 17.24  the assessment must be forwarded to the state treasury and 
 17.25  credited to the general fund. <i>[169.121, subd. 5b]</i> 
 17.26     Sec. 17.  [169A.31] [ALCOHOL-RELATED SCHOOL BUS OR HEAD 
 17.27  START BUS DRIVING.] 
 17.28     Subdivision 1.  [CRIME DESCRIBED.] It is a crime for any 
 17.29  person to drive, operate, or be in physical control of any class 
 17.30  of school bus or Head Start bus within this state when there is 
 17.31  physical evidence present in the person's body of the 
 17.32  consumption of any alcohol. <i>[169.1211, subd. 1, par. (b)]</i> 
 17.33     Subd. 2.  [GROSS MISDEMEANOR ALCOHOL-RELATED SCHOOL BUS OR 
 17.34  HEAD START BUS DRIVING.] A person who violates subdivision 1 is 
 17.35  guilty of gross misdemeanor alcohol-related school bus or Head 
 17.36  Start bus driving if: 
 18.1      (1) the violation occurs while a child under the age of 16 
 18.2   is in the vehicle, if the child is more than 36 months younger 
 18.3   than the violator; or 
 18.4      (2) the violation occurs within 15 years of a qualified 
 18.5   prior impaired driving incident. <i>[169.1211, subd. 5, par. (b)]</i> 
 18.6      Subd. 3.  [MISDEMEANOR ALCOHOL-RELATED SCHOOL BUS OR HEAD 
 18.7   START BUS DRIVING.] Except as provided in subdivision 2, a 
 18.8   person who violates subdivision 1 is guilty of misdemeanor 
 18.9   alcohol-related school bus or Head Start bus driving. <i>[169.1211,</i> 
 18.10  <i>subd. 5, par. (a)]</i> 
 18.11     Sec. 18.  [169A.33] [UNDERAGE DRINKING AND DRIVING.] 
 18.12     Subdivision 1.  [DEFINITION.] As used in this section, 
 18.13  "motor vehicle" does not include motorboats in operation or 
 18.14  off-road recreational vehicles. <i>[new]</i> 
 18.15     Subd. 2.  [CRIME DESCRIBED.] It is a crime for a person 
 18.16  under the age of 21 years to drive, operate, or be in physical 
 18.17  control of a motor vehicle while consuming alcoholic beverages, 
 18.18  or after having consumed alcoholic beverages while there is 
 18.19  physical evidence of the consumption present in the person's 
 18.20  body. <i>[169.1218, par. (a)]</i> 
 18.21     Subd. 3.  [CRIMINAL PENALTY.] A person who violates 
 18.22  subdivision 2 is guilty of a misdemeanor. <i>[169.1218, par. (a)]</i> 
 18.23     Subd. 4.  [ADMINISTRATIVE PENALTY.] When a person is found 
 18.24  to have committed an offense under subdivision 2, the court 
 18.25  shall notify the commissioner of its determination.  Upon 
 18.26  receipt of the court's determination, the commissioner shall 
 18.27  suspend the person's driver's license or operating privileges 
 18.28  for 30 days, or for 180 days if the person has previously been 
 18.29  found to have violated subdivision 2 or a statute or ordinance 
 18.30  in conformity with it. <i>[169.1218, par. (b)]</i> 
 18.31     Subd. 5.  [EXCEPTION.] If the person's conduct violates 
 18.32  section 169A.20 (driving while impaired) or 169A.31 
 18.33  (alcohol-related school bus or Head Start bus driving), the 
 18.34  penalties and license sanctions in those laws or section 169A.54 
 18.35  (impaired driving convictions and adjudications; administrative 
 18.36  penalties) apply instead of the license sanction in subdivision 
 19.1   4. <i>[169.1218, par. (c)]</i> 
 19.2      Subd. 6.  [JURISDICTION.] An offense under subdivision 2 
 19.3   may be prosecuted either in the jurisdiction where consumption 
 19.4   occurs or the jurisdiction where evidence of consumption is 
 19.5   observed. <i>[169.1218, par. (d)]</i> 
 19.6      Sec. 19.  [169A.35] [OPEN BOTTLE LAW.] 
 19.7      Subdivision 1.  [DEFINITIONS.] As used in this section: 
 19.8      (1) "motor vehicle" does not include motorboats in 
 19.9   operation or off-road recreational vehicles; and 
 19.10     (2) "possession" means either that the person had actual 
 19.11  possession of the bottle or receptacle or that the person 
 19.12  consciously exercised dominion and control over the bottle or 
 19.13  receptacle. <i>[new; 169.122, subd. 2]</i> 
 19.14     Subd. 2.  [DRINKING AND CONSUMPTION; CRIME DESCRIBED.] It 
 19.15  is a crime for a person to drink or consume intoxicating liquor 
 19.16  or 3.2 percent malt liquor in a motor vehicle when the vehicle 
 19.17  is upon a street or highway. <i>[169.122, subd. 1]</i> 
 19.18     Subd. 3.  [POSSESSION; CRIME DESCRIBED.] It is a crime for 
 19.19  a person to have in possession, while in a private motor vehicle 
 19.20  upon a street or highway, any bottle or receptacle containing 
 19.21  intoxicating liquor or 3.2 percent malt liquor which has been 
 19.22  opened, or the seal broken, or the contents of which have been 
 19.23  partially removed. <i>[169.122, subd. 2]</i> 
 19.24     Subd. 4.  [LIABILITY OF NONPRESENT OWNER; CRIME DESCRIBED.] 
 19.25  It is a crime for the owner of any private motor vehicle or the 
 19.26  driver, if the owner is not present in the motor vehicle, to 
 19.27  keep or allow to be kept in a motor vehicle when the vehicle is 
 19.28  upon a street or highway any bottle or receptacle containing 
 19.29  intoxicating liquor or 3.2 percent malt liquor which has been 
 19.30  opened, or the seal broken, or the contents of which have been 
 19.31  partially removed. <i>[169.122, subd. 3]</i> 
 19.32     Subd. 5.  [CRIMINAL PENALTY.] A person who violates 
 19.33  subdivisions 2 to 4 is guilty of a misdemeanor. <i>[169.122, subd.</i> 
 19.34  <i>4]</i> 
 19.35     Subd. 6.  [EXCEPTIONS.] (a) This section does not prohibit 
 19.36  the possession or consumption of alcoholic beverages by 
 20.1   passengers in: 
 20.2      (1) a bus that is operated by a motor carrier of 
 20.3   passengers, as defined in section 221.011, subdivision 48; or 
 20.4      (2) a vehicle providing limousine service as defined in 
 20.5   section 221.84, subdivision 1. 
 20.6      (b) Subdivisions 3 and 4 do not apply to a bottle or 
 20.7   receptacle that is in the trunk of the vehicle if it is equipped 
 20.8   with a trunk, or that is in another area of the vehicle not 
 20.9   normally occupied by the driver and passengers if the vehicle is 
 20.10  not equipped with a trunk.  However, a utility compartment or 
 20.11  glove compartment is deemed to be within the area occupied by 
 20.12  the driver and passengers. <i>[169.122, subds. 2, 3, and 5]</i> 
 20.13     Sec. 20.  [169A.37] [LICENSE PLATE IMPOUNDMENT VIOLATION 
 20.14  CRIME.] 
 20.15     Subdivision 1.  [CRIME DESCRIBED.] It is a crime for a 
 20.16  person to: 
 20.17     (1) fail to comply with an impoundment order under section 
 20.18  169A.60 (administrative plate impoundment); 
 20.19     (2) file a false statement under section 169A.60, 
 20.20  subdivision 7 or 8; 
 20.21     (3) operate a self-propelled motor vehicle on a street or 
 20.22  highway when the vehicle is subject to an impoundment order 
 20.23  issued under section 169A.60; or 
 20.24     (4) fail to notify the commissioner of the impoundment 
 20.25  order when requesting new plates. <i>[168.042, subd. 14]</i> 
 20.26     Subd. 2.  [CRIMINAL PENALTY.] A person who violates 
 20.27  subdivision 1 is guilty of a misdemeanor. <i>[168.042, subd. 14]</i> 
 20.28                       PROCEDURAL PROVISIONS 
 20.29     Sec. 21.  [169A.40] [ARREST FOR DRIVING WHILE IMPAIRED OR 
 20.30  ALCOHOL-RELATED SCHOOL BUS OR HEAD START BUS DRIVING OFFENSE.] 
 20.31     Subdivision 1.  [PROBABLE CAUSE ARREST.] A peace officer 
 20.32  may lawfully arrest a person for violation of section 169A.20 
 20.33  (driving while impaired), 169A.31 (alcohol-related school bus or 
 20.34  Head Start bus driving), or 169A.33 (underage drinking and 
 20.35  driving), without a warrant upon probable cause, without regard 
 20.36  to whether the violation was committed in the officer's presence.
 21.1      Subd. 2.  [FRESH PURSUIT.] When a peace officer has 
 21.2   probable cause to believe that a person is driving or operating 
 21.3   a motor vehicle in violation of section 169A.20 (driving while 
 21.4   impaired), 169A.31 (alcohol-related school bus or Head Start bus 
 21.5   driving), or 169A.33 (underage drinking and driving) and before 
 21.6   a stop or arrest can be made the person escapes from the 
 21.7   geographical limits of the officer's jurisdiction, the officer 
 21.8   in fresh pursuit of the person may stop or arrest the person in 
 21.9   another jurisdiction within this state and may exercise the 
 21.10  powers and perform the duties of a peace officer under this 
 21.11  chapter.  An officer acting in fresh pursuit pursuant to this 
 21.12  section is serving in the regular line of duty as fully as 
 21.13  though within the officer's jurisdiction. 
 21.14     Subd. 3.  [FIRST-DEGREE DWI OFFENDERS; CUSTODIAL 
 21.15  ARREST.] Notwithstanding rule 6.01 of the Rules of Criminal 
 21.16  Procedure, a peace officer acting without a warrant who has 
 21.17  decided to proceed with the prosecution of a person for 
 21.18  violating section 169A.20 (driving while impaired), shall arrest 
 21.19  and take the person into custody if the officer has reason to 
 21.20  believe the violation occurred under the circumstances described 
 21.21  in section 169A.25 (first-degree driving while impaired).  The 
 21.22  person shall be detained until the person's first court 
 21.23  appearance.  
 21.24     Subd. 4.  [OTHER ARREST POWERS NOT LIMITED.] The express 
 21.25  grant of arrest powers in this section does not limit the arrest 
 21.26  powers of peace officers pursuant to sections 626.65 to 626.70 
 21.27  (uniform law on fresh pursuit) or section 629.40 (allowing 
 21.28  arrests anywhere in state) in cases of arrests for violation of 
 21.29  section 169A.20 (driving while impaired), 169A.31 
 21.30  (alcohol-related school bus or Head Start bus driving), 169A.33 
 21.31  (underage drinking and driving), or any other provision of 
 21.32  law. <i>[169.121, subd. 1b]</i> 
 21.33     Sec. 22.  [169A.41] [PRELIMINARY SCREENING TEST.] 
 21.34     Subdivision 1.  [WHEN AUTHORIZED.] When a peace officer has 
 21.35  reason to believe from the manner in which a person is driving, 
 21.36  operating, controlling, or acting upon departure from a motor 
 22.1   vehicle, or has driven, operated, or controlled a motor vehicle, 
 22.2   that the driver may be violating or has violated section 169A.20 
 22.3   (driving while impaired), 169A.31 (alcohol-related school bus or 
 22.4   Head Start bus driving), or 169A.33 (underage drinking and 
 22.5   driving), the officer may require the driver to provide a sample 
 22.6   of the driver's breath for a preliminary screening test using a 
 22.7   device approved by the commissioner for this purpose. 
 22.8      Subd. 2.  [USE OF TEST RESULTS.] The results of this 
 22.9   preliminary screening test must be used for the purpose of 
 22.10  deciding whether an arrest should be made and whether to require 
 22.11  the tests authorized in section 169A.51 (chemical tests for 
 22.12  intoxication), but must not be used in any court action except 
 22.13  the following: 
 22.14     (1) to prove that a test was properly required of a person 
 22.15  pursuant to section 169A.51, subdivision 1; 
 22.16     (2) in a civil action arising out of the operation or use 
 22.17  of the motor vehicle; 
 22.18     (3) in an action for license reinstatement under section 
 22.19  171.19; 
 22.20     (4) in a prosecution or juvenile court proceeding 
 22.21  concerning a violation of section 169A.33 (underage drinking and 
 22.22  driving), or 340A.503, subdivision 1, paragraph (a), clause (2) 
 22.23  (underage alcohol consumption); 
 22.24     (5) in a prosecution under section 169A.31, 
 22.25  (alcohol-related school or Head Start bus driving); or 171.30 
 22.26  (limited license); or 
 22.27     (6) in a prosecution for a violation of a restriction on a 
 22.28  driver's license under section 171.09, which provides that the 
 22.29  license holder may not use or consume any amount of alcohol or a 
 22.30  controlled substance. 
 22.31     Subd. 3.  [ADDITIONAL TESTS.] Following the screening test 
 22.32  additional tests may be required of the driver pursuant to the 
 22.33  provisions of section 169A.51 (chemical tests for intoxication). 
 22.34     Subd. 4.  [CONSEQUENCES OF REFUSAL.] The driver who refuses 
 22.35  to furnish a sample of the driver's breath is subject to the 
 22.36  provisions of section 169A.51 (chemical tests for intoxication), 
 23.1   unless the driver submits to a blood, breath, or urine test to 
 23.2   determine the presence or amount of alcohol, controlled 
 23.3   substances, or hazardous substances in compliance with section 
 23.4   169A.51. <i>[169.121, subd. 6]</i> 
 23.5      Sec. 23.  [169A.42] [IMPOUNDMENT OF MOTOR VEHICLE UNDER 
 23.6   LOCAL ORDINANCE; REDEMPTION.] 
 23.7      Subdivision 1.  [DEFINITION.] As used in this section, 
 23.8   "impoundment" means the removal of a motor vehicle to a storage 
 23.9   facility or impound lot as authorized by a local ordinance. 
 23.10     Subd. 2.  [REDEMPTION; PREREQUISITES.] If a motor vehicle 
 23.11  is impounded by a peace officer following the arrest or taking 
 23.12  into custody of a driver for a violation of section 169A.20 
 23.13  (driving while impaired), or an ordinance in conformity with it, 
 23.14  the impounded vehicle must only be released from impoundment: 
 23.15     (1) to the registered owner, a person authorized by the 
 23.16  registered owner, a lienholder of record, or a person who has 
 23.17  purchased the vehicle from the registered owner, who provides 
 23.18  proof of ownership of the vehicle, proof of valid Minnesota 
 23.19  driving privileges, and proof of insurance required by law to 
 23.20  cover the vehicle; 
 23.21     (2) if the vehicle is subject to a rental or lease 
 23.22  agreement, to a renter or lessee with valid Minnesota driving 
 23.23  privileges who provides a copy of the rental or lease agreement 
 23.24  and proof of insurance required by law to cover the vehicle; or 
 23.25     (3) to an agent of a towing company authorized by a 
 23.26  registered owner if the owner provides proof of ownership of the 
 23.27  vehicle and proof of insurance required by law to cover the 
 23.28  vehicle. 
 23.29     Subd. 3.  [TO WHOM INFORMATION PROVIDED.] The proof of 
 23.30  ownership and insurance or, if applicable, the copy of the 
 23.31  rental or lease agreement required by subdivision 2 must be 
 23.32  provided to the law enforcement agency impounding the vehicle or 
 23.33  to a person or entity designated by the law enforcement agency 
 23.34  to receive the information. 
 23.35     Subd. 4.  [LIABILITY FOR STORAGE COSTS.] No law enforcement 
 23.36  agency, local unit of government, or state agency is responsible 
 24.1   or financially liable for any storage fees incurred due to an 
 24.2   impoundment under this section. <i>[169.1216]</i> 
 24.3      Sec. 24.  [169A.43] [RESPONSIBILITY FOR PROSECUTION; 
 24.4   CRIMINAL HISTORY INFORMATION.] 
 24.5      Subdivision 1.  [DEFINITION.] As used in this section, 
 24.6   "impaired driving offense" includes violations of sections 
 24.7   169A.20 to 169A.33. <i>[new]</i> 
 24.8      Subd. 2.  [PROSECUTION.] The attorney in the jurisdiction 
 24.9   in which an impaired driving offense occurred who is responsible 
 24.10  for prosecution of misdemeanor-level impaired driving offenses 
 24.11  is also responsible for prosecution of gross misdemeanor-level 
 24.12  impaired driving offenses. <i>[169.121, subd. 3, par. (f) and</i> 
 24.13  <i>169.129, subd. 3]</i> 
 24.14     Subd. 3.  [VENUE.] (a) A violation of section 169A.20, 
 24.15  subdivision 2 (refusal to submit to chemical test) may be 
 24.16  prosecuted either in the jurisdiction where the arresting 
 24.17  officer observed the defendant driving, operating, or in control 
 24.18  of the motor vehicle or in the jurisdiction where the refusal 
 24.19  occurred. <i>[169.121, subd. 3, par. (k)]</i> 
 24.20     (b) An underage drinking and driving offense may be 
 24.21  prosecuted as provided in section 169A.33, subdivision 6 
 24.22  (underage drinking and driving). <i>[new cross-reference; see also</i> 
 24.23  <i>169.1218, par. (d)]</i> 
 24.24     Subd. 4.  [CRIMINAL HISTORY INFORMATION.] When an attorney 
 24.25  responsible for prosecuting impaired driving offenses requests 
 24.26  criminal history information relating to prior impaired driving 
 24.27  convictions from a court, the court shall furnish the 
 24.28  information without charge. <i>[169.121, subd. 3, par. (j)]</i> 
 24.29     Sec. 25.  [169A.44] [CONDITIONAL RELEASE.] 
 24.30     (a) This section applies to a person charged with: 
 24.31     (1) a violation of section 169A.20 (driving while impaired) 
 24.32  within 15 years of the first of two or more prior impaired 
 24.33  driving convictions; 
 24.34     (2) a violation of section 169A.20, if the person is under 
 24.35  the age of 19 years and has previously been convicted of 
 24.36  violating section 169A.20 or Minnesota Statutes 1998, section 
 25.1   169.121 (driver under the influence of alcohol or controlled 
 25.2   substance); 
 25.3      (3) a violation of section 169A.20, while the person's 
 25.4   driver's license or driving privileges have been canceled under 
 25.5   section 171.04, subdivision 1, clause (9) (persons not eligible 
 25.6   for drivers' licenses, inimical to public safety); or 
 25.7      (4) a violation of section 169A.20 by a person having an 
 25.8   alcohol concentration of 0.20 or more as measured at the time, 
 25.9   or within two hours of the time, of the offense. 
 25.10     (b) Unless maximum bail is imposed under section 629.471, a 
 25.11  person described in paragraph (a) may be released from detention 
 25.12  only if the person agrees to:  
 25.13     (1) abstain from alcohol; and 
 25.14     (2) submit to a program of electronic alcohol monitoring, 
 25.15  involving at least daily measurements of the person's alcohol 
 25.16  concentration, pending resolution of the charge. 
 25.17  Clause (2) applies only when electronic alcohol monitoring 
 25.18  equipment is available to the court.  The court shall require 
 25.19  partial or total reimbursement from the person for the cost of 
 25.20  the electronic alcohol monitoring, to the extent the person is 
 25.21  able to pay. 
 25.22     (c) Unless maximum bail is imposed under section 629.471, 
 25.23  subdivision 2, a person charged with violating section 169A.20 
 25.24  within 15 years of the first of three or more prior impaired 
 25.25  driving convictions may be released from detention only if the 
 25.26  following conditions are imposed in addition to the condition 
 25.27  imposed in paragraph (b), if applicable, and any other 
 25.28  conditions of release ordered by the court: 
 25.29     (1) the impoundment of the registration plates of the 
 25.30  vehicle used to commit the violation, unless already impounded; 
 25.31     (2) if the vehicle used to commit the violation was an 
 25.32  off-road recreational vehicle or a motorboat, the impoundment of 
 25.33  the off-road recreational vehicle or motorboat; 
 25.34     (3) a requirement that the person report weekly to a 
 25.35  probation agent; 
 25.36     (4) a requirement that the person abstain from consumption 
 26.1   of alcohol and controlled substances and submit to random 
 26.2   alcohol tests or urine analyses at least weekly; and 
 26.3      (5) a requirement that, if convicted, the person reimburse 
 26.4   the court or county for the total cost of these 
 26.5   services. <i>[169.121, subd. 1c]</i> 
 26.6      Sec. 26.  [169A.45] [EVIDENCE.] 
 26.7      Subdivision 1.  [ALCOHOL CONCENTRATION EVIDENCE.] Upon the 
 26.8   trial of any prosecution arising out of acts alleged to have 
 26.9   been committed by any person arrested for violating section 
 26.10  169A.20 (driving while impaired) or 169A.31 (alcohol-related 
 26.11  school bus or Head Start bus driving), the court may admit 
 26.12  evidence of the presence or amount of alcohol in the person's 
 26.13  blood, breath, or urine as shown by an analysis of those items.  
 26.14  In addition, in a prosecution for a violation of section 
 26.15  169A.20, the court may admit evidence of the presence or amount 
 26.16  of controlled substances or hazardous substances in the person's 
 26.17  blood, breath, or urine as shown by an analysis of those items. 
 26.18     Subd. 2.  [RELEVANT EVIDENCE OF IMPAIRMENT.] For the 
 26.19  purposes of section 169A.20 (driving while impaired), evidence 
 26.20  that there was at the time an alcohol concentration of 0.04 or 
 26.21  more is relevant evidence in indicating whether or not the 
 26.22  person was under the influence of alcohol. 
 26.23     Subd. 3.  [EVIDENCE OF REFUSAL.] Evidence of the refusal to 
 26.24  take a test is admissible into evidence in a prosecution under 
 26.25  section 169A.20 (driving while impaired). 
 26.26     Subd. 4.  [OTHER COMPETENT EVIDENCE ADMISSIBLE.] The 
 26.27  preceding provisions do not limit the introduction of any other 
 26.28  competent evidence bearing upon the question of whether the 
 26.29  person violated section 169A.20 (driving while impaired) or 
 26.30  169A.31 (alcohol-related school bus or Head Start bus driving), 
 26.31  including tests obtained more than two hours after the alleged 
 26.32  violation and results obtained from partial tests on an infrared 
 26.33  breath-testing instrument.  A result from a partial test is the 
 26.34  measurement obtained by analyzing one adequate breath sample, as 
 26.35  described in section 169A.51, subdivision 5, paragraph (b) 
 26.36  (breath test using infrared breath-testing instrument).  
 27.1   <i>[169.121, subd. 2]</i> 
 27.2      Sec. 27.  [169A.46] [AFFIRMATIVE DEFENSES.] 
 27.3      Subdivision 1.  [IMPAIRMENT OCCURRED AFTER DRIVING CEASED.] 
 27.4   If proven by a preponderance of the evidence, it is an 
 27.5   affirmative defense to a violation of section 169A.20, 
 27.6   subdivision 1, clause (5) (driving while impaired, alcohol 
 27.7   concentration within two hours of driving), or 169A.20 by a 
 27.8   person having an alcohol concentration of 0.20 or more as 
 27.9   measured at the time, or within two hours of the time, of the 
 27.10  offense, that the defendant consumed a sufficient quantity of 
 27.11  alcohol after the time of the violation and before the 
 27.12  administration of the evidentiary test to cause the defendant's 
 27.13  alcohol concentration to exceed the level specified in the 
 27.14  applicable clause.  Evidence that the defendant consumed alcohol 
 27.15  after the time of the violation may not be admitted in defense 
 27.16  to any alleged violation of section 169A.20, unless notice is 
 27.17  given to the prosecution prior to the omnibus or pretrial 
 27.18  hearing in the matter. 
 27.19     Subd. 2.  [IMPAIRMENT FROM PRESCRIPTION DRUG.] If proven by 
 27.20  a preponderance of the evidence, it is an affirmative defense to 
 27.21  a violation of section 169A.20 subdivision 1, clause (7) 
 27.22  (presence of schedule I or II controlled substance), that the 
 27.23  defendant used the controlled substance according to the terms 
 27.24  of a prescription issued for the defendant in accordance with 
 27.25  sections 152.11 and 152.12. <i>[169.121, subd. 2; 169.1211, subd.</i> 
 27.26  <i>3]</i> 
 27.27     Sec. 28.  [169A.47] [NOTICE OF ENHANCED PENALTY.] 
 27.28     When a court sentences a person for a violation of sections 
 27.29  169A.20 to 169A.31 (impaired driving offenses), it shall inform 
 27.30  the defendant of the statutory provisions that provide for 
 27.31  enhancement of criminal penalties for repeat violators, and the 
 27.32  provisions that provide for administrative plate impoundment and 
 27.33  forfeiture of motor vehicles used to commit an impaired driving 
 27.34  offense.  The notice must describe the conduct and the time 
 27.35  periods within which the conduct must occur in order to result 
 27.36  in increased penalties, plate impoundment, or forfeiture.  The 
 28.1   failure of a court to provide this information to a defendant 
 28.2   does not affect the future applicability of these enhanced 
 28.3   penalties to that defendant. <i>[169.121, subd. 3, par. (d), and</i> 
 28.4   <i>subd. 3c]</i> 
 28.5      Sec. 29.  [169A.48] [IMMUNITY FROM LIABILITY.] 
 28.6      Subdivision 1.  [DEFINITION.] For purposes of this section, 
 28.7   "political subdivision" means a county, statutory or home rule 
 28.8   charter city, or town. 
 28.9      Subd. 2.  [IMMUNITY.] The state or political subdivision by 
 28.10  which a peace officer making an arrest for violation of sections 
 28.11  169A.20 to 169A.33 (impaired driving offenses), is employed has 
 28.12  immunity from any liability, civil or criminal, for the care or 
 28.13  custody of the motor vehicle being driven by, operated by, or in 
 28.14  the physical control of the person arrested if the peace officer 
 28.15  acts in good faith and exercises due care. <i>[169.121, subd. 9]</i> 
 28.16                     ADMINISTRATIVE PROVISIONS
 28.17     Sec. 30.  [169A.50] [CITATION.] 
 28.18     Sections 169A.50 to 169A.53 may be cited as the implied 
 28.19  consent law. <i>[new]</i> 
 28.20     Sec. 31.  [169A.51] [CHEMICAL TESTS FOR INTOXICATION.] 
 28.21     Subdivision 1.  [IMPLIED CONSENT; CONDITIONS; ELECTION OF 
 28.22  TEST.] (a) Any person who drives, operates, or is in physical 
 28.23  control of a motor vehicle within this state or on any boundary 
 28.24  water of this state consents, subject to the provisions of 
 28.25  sections 169A.50 to 169A.53 (implied consent law), and section 
 28.26  169A.20 (driving while impaired), to a chemical test of that 
 28.27  person's blood, breath, or urine for the purpose of determining 
 28.28  the presence of alcohol, controlled substances, or hazardous 
 28.29  substances.  The test must be administered at the direction of a 
 28.30  peace officer. 
 28.31     (b) The test may be required of a person when an officer 
 28.32  has probable cause to believe the person was driving, operating, 
 28.33  or in physical control of a motor vehicle in violation of 
 28.34  section 169A.20 (driving while impaired), and one of the 
 28.35  following conditions exist: 
 28.36     (1) the person has been lawfully placed under arrest for 
 29.1   violation of section 169A.20 or an ordinance in conformity with 
 29.2   it; 
 29.3      (2) the person has been involved in a motor vehicle 
 29.4   accident or collision resulting in property damage, personal 
 29.5   injury, or death; 
 29.6      (3) the person has refused to take the screening test 
 29.7   provided for by section 169A.41 (preliminary screening test); or 
 29.8      (4) the screening test was administered and indicated an 
 29.9   alcohol concentration of 0.10 or more. 
 29.10     (c) The test may also be required of a person when an 
 29.11  officer has probable cause to believe the person was driving, 
 29.12  operating, or in physical control of a commercial motor vehicle 
 29.13  with the presence of any alcohol. <i>[169.123, subd. 2, par. (a)]</i> 
 29.14     Subd. 2.  [IMPLIED CONSENT ADVISORY.] At the time a test is 
 29.15  requested, the person must be informed: 
 29.16     (1) that Minnesota law requires the person to take a test: 
 29.17     (i) to determine if the person is under the influence of 
 29.18  alcohol, controlled substances, or hazardous substances; 
 29.19     (ii) to determine the presence of a controlled substance 
 29.20  listed in schedule I or II, other than marijuana or 
 29.21  tetrahydrocannabinols; and 
 29.22     (iii) if the motor vehicle was a commercial motor vehicle, 
 29.23  to determine the presence of alcohol; 
 29.24     (2) that refusal to take a test is a crime; 
 29.25     (3) if the peace officer has probable cause to believe the 
 29.26  person has violated the criminal vehicular homicide and injury 
 29.27  laws, that a test will be taken with or without the person's 
 29.28  consent; and 
 29.29     (4) that the person has the right to consult with an 
 29.30  attorney, but that this right is limited to the extent that it 
 29.31  cannot unreasonably delay administration of the test. <i>[169.123,</i> 
 29.32  <i>subd. 2, par. (b)]</i> 
 29.33     Subd. 3.  [TYPE OF TEST.] The peace officer who requires a 
 29.34  test pursuant to this section may direct whether the test is of 
 29.35  blood, breath, or urine.  Action may be taken against a person 
 29.36  who refuses to take a blood test only if an alternative test was 
 30.1   offered and action may be taken against a person who refuses to 
 30.2   take a urine test only if an alternative test was 
 30.3   offered. <i>[169.123, subd. 2, par. (c)]</i> 
 30.4      Subd. 4.  [REQUIREMENT OF URINE OR BLOOD 
 30.5   TEST.] Notwithstanding subdivision 3, a blood or urine test may 
 30.6   be required even after a breath test has been administered if 
 30.7   there is probable cause to believe that: 
 30.8      (1) there is impairment by a controlled substance or 
 30.9   hazardous substance that is not subject to testing by a breath 
 30.10  test; or 
 30.11     (2) a controlled substance listed in schedule I or II, 
 30.12  other than marijuana or tetrahydrocannabinols, is present in the 
 30.13  person's body.  
 30.14     Action may be taken against a person who refuses to take a 
 30.15  blood test under this subdivision only if a urine test was 
 30.16  offered and action may be taken against a person who refuses to 
 30.17  take a urine test only if a blood test was offered. <i>[169.123,</i> 
 30.18  <i>subd. 2a]</i> 
 30.19     Subd. 5.  [BREATH TEST USING INFRARED BREATH-TESTING 
 30.20  INSTRUMENT.] (a) In the case of a breath test administered using 
 30.21  an infrared breath-testing instrument, the test must consist of 
 30.22  analyses in the following sequence:  one adequate breath sample 
 30.23  analysis, one calibration standard analysis, and a second, 
 30.24  adequate breath sample analysis. 
 30.25     (b) In the case of a test administered using an infrared 
 30.26  breath-testing instrument, a sample is adequate if the 
 30.27  instrument analyzes the sample and does not indicate the sample 
 30.28  is deficient. 
 30.29     (c) For purposes of section 169A.52 (revocation of license 
 30.30  for test failure or refusal), when a test is administered using 
 30.31  an infrared breath-testing instrument, failure of a person to 
 30.32  provide two separate, adequate breath samples in the proper 
 30.33  sequence constitutes a refusal. <i>[169.123, subd. 2b]</i> 
 30.34     Subd. 6.  [CONSENT OF PERSON INCAPABLE OF REFUSAL NOT 
 30.35  WITHDRAWN.] A person who is unconscious or who is otherwise in a 
 30.36  condition rendering the person incapable of refusal is deemed 
 31.1   not to have withdrawn the consent provided by subdivision 1 and 
 31.2   the test may be given. <i>[169.123, subd. 2c]</i> 
 31.3      Subd. 7.  [REQUIREMENTS FOR CONDUCTING TESTS; 
 31.4   LIABILITY.] (a) Only a physician, medical technician, 
 31.5   physician's trained mobile intensive care paramedic, registered 
 31.6   nurse, medical technologist, or laboratory assistant acting at 
 31.7   the request of a peace officer may withdraw blood for the 
 31.8   purpose of determining the presence of alcohol, controlled 
 31.9   substances, or hazardous substances.  This limitation does not 
 31.10  apply to the taking of a breath or urine sample. 
 31.11     (b) The person tested has the right to have someone of the 
 31.12  person's own choosing administer a chemical test or tests in 
 31.13  addition to any administered at the direction of a peace 
 31.14  officer; provided, that the additional test sample on behalf of 
 31.15  the person is obtained at the place where the person is in 
 31.16  custody, after the test administered at the direction of a peace 
 31.17  officer, and at no expense to the state.  The failure or 
 31.18  inability to obtain an additional test or tests by a person does 
 31.19  not preclude the admission in evidence of the test taken at the 
 31.20  direction of a peace officer unless the additional test was 
 31.21  prevented or denied by the peace officer. 
 31.22     (c) The physician, medical technician, physician's trained 
 31.23  mobile intensive care paramedic, medical technologist, 
 31.24  laboratory assistant, or registered nurse drawing blood at the 
 31.25  request of a peace officer for the purpose of determining the 
 31.26  concentration of alcohol, controlled substances, or hazardous 
 31.27  substances is in no manner liable in any civil or criminal 
 31.28  action except for negligence in drawing the blood.  The person 
 31.29  administering a breath test must be fully trained in the 
 31.30  administration of breath tests pursuant to training given by the 
 31.31  commissioner of public safety. <i>[169.123, subd. 3]</i> 
 31.32     Sec. 32.  [169A.52] [TEST REFUSAL OR FAILURE; LICENSE 
 31.33  REVOCATION.] 
 31.34     Subdivision 1.  [TEST REFUSAL.] If a person refuses to 
 31.35  permit a test, then a test must not be given, but the peace 
 31.36  officer shall report the refusal to the commissioner and the 
 32.1   authority having responsibility for prosecution of impaired 
 32.2   driving offenses for the jurisdiction in which the acts 
 32.3   occurred.  However, if a peace officer has probable cause to 
 32.4   believe that the person has violated section 609.21 (criminal 
 32.5   vehicular homicide and injury), a test may be required and 
 32.6   obtained despite the person's refusal.  A refusal to submit to 
 32.7   an alcohol concentration test does not constitute a violation of 
 32.8   section 609.50 (obstructing legal process), unless the refusal 
 32.9   was accompanied by force or violence or the threat of force or 
 32.10  violence. <i>[169.123, subd. 4, par. (a)]</i> 
 32.11     Subd. 2.  [TEST FAILURE.] If a person submits to a test, 
 32.12  the results of that test must be reported to the commissioner 
 32.13  and to the authority having responsibility for prosecution of 
 32.14  impaired driving offenses for the jurisdiction in which the acts 
 32.15  occurred, if the test results indicate: 
 32.16     (1) an alcohol concentration of 0.10 or more; 
 32.17     (2) an alcohol concentration of 0.04 or more, if the person 
 32.18  was driving, operating, or in physical control of a commercial 
 32.19  motor vehicle at the time of the violation; or 
 32.20     (3) the presence of a controlled substance listed in 
 32.21  schedule I or II, other than marijuana or 
 32.22  tetrahydrocannabinols. <i>[169.123, subd. 4, par. (b)]</i> 
 32.23     Subd. 3.  [TEST REFUSAL; LICENSE REVOCATION.] (a) Upon 
 32.24  certification by the peace officer that there existed probable 
 32.25  cause to believe the person had been driving, operating, or in 
 32.26  physical control of a motor vehicle in violation of section 
 32.27  169A.20 (driving while impaired), and that the person refused to 
 32.28  submit to a test, the commissioner shall revoke the person's 
 32.29  license or permit to drive, or nonresident operating privilege, 
 32.30  for a period of one year even if a test was obtained pursuant to 
 32.31  this section after the person refused to submit to testing. 
 32.32     (b) Upon certification by the peace officer that there 
 32.33  existed probable cause to believe the person had been driving, 
 32.34  operating, or in physical control of a commercial motor vehicle 
 32.35  with the presence of any alcohol in violation of section 169A.20 
 32.36  (driving while impaired), and that the person refused to submit 
 33.1   to a test, the commissioner shall disqualify the person from 
 33.2   operating a commercial motor vehicle for a period of one year 
 33.3   under section 171.165 (commercial driver's license 
 33.4   disqualification) and shall revoke the person's license or 
 33.5   permit to drive or nonresident operating privilege for a period 
 33.6   of one year. <i>[169.123, subd. 4, par. (c) and (d)]</i> 
 33.7      Subd. 4.  [TEST FAILURE; LICENSE REVOCATION.] (a) Upon 
 33.8   certification by the peace officer that there existed probable 
 33.9   cause to believe the person had been driving, operating, or in 
 33.10  physical control of a motor vehicle in violation of section 
 33.11  169A.20 (driving while impaired) and that the person submitted 
 33.12  to a test and the test results indicate an alcohol concentration 
 33.13  of 0.10 or more or the presence of a controlled substance listed 
 33.14  in schedule I or II, other than marijuana or 
 33.15  tetrahydrocannabinols, then the commissioner shall revoke the 
 33.16  person's license or permit to drive, or nonresident operating 
 33.17  privilege: 
 33.18     (1) for a period of 90 days; 
 33.19     (2) if the person is under the age of 21 years, for a 
 33.20  period of six months; 
 33.21     (3) for a person with a qualified prior impaired driving 
 33.22  incident within the past 15 years, for a period of 180 days; or 
 33.23     (4) if the test results indicate an alcohol concentration 
 33.24  of 0.20 or more, for twice the applicable period in clauses (1) 
 33.25  to (3). 
 33.26     (b) On certification by the peace officer that there 
 33.27  existed probable cause to believe the person had been driving, 
 33.28  operating, or in physical control of a commercial motor vehicle 
 33.29  with any presence of alcohol and that the person submitted to a 
 33.30  test and the test results indicated an alcohol concentration of 
 33.31  0.04 or more, the commissioner shall disqualify the person from 
 33.32  operating a commercial motor vehicle under section 171.165 
 33.33  (commercial driver's license disqualification). <i>[169.123, subd.</i> 
 33.34  <i>4, par. (e) and (f)]</i> 
 33.35     Subd. 5.  [UNLICENSED DRIVERS; LICENSE ISSUANCE DENIAL.] If 
 33.36  the person is a resident without a license or permit to operate 
 34.1   a motor vehicle in this state, the commissioner shall deny to 
 34.2   the person the issuance of a license or permit after the date of 
 34.3   the alleged violation for the same period as provided in this 
 34.4   section for revocation, subject to review as provided in section 
 34.5   169A.53 (administrative and judicial review of license 
 34.6   revocation). <i>[169.123, subd. 4, par. (g)]</i> 
 34.7      Subd. 6.  [NOTICE OF REVOCATION, DISQUALIFICATION, OR 
 34.8   DETERMINATION TO DENY; REQUEST FOR HEARING.] A revocation under 
 34.9   this section or a disqualification under section 171.165 
 34.10  (commercial driver's license disqualification) becomes effective 
 34.11  at the time the commissioner or a peace officer acting on behalf 
 34.12  of the commissioner notifies the person of the intention to 
 34.13  revoke, disqualify, or both, and of revocation or 
 34.14  disqualification.  The notice must advise the person of the 
 34.15  right to obtain administrative and judicial review as provided 
 34.16  in section 169A.53 (administrative and judicial review of 
 34.17  license revocation).  If mailed, the notice and order of 
 34.18  revocation or disqualification is deemed received three days 
 34.19  after mailing to the last known address of the person.  
 34.20  <i>[169.123, subd. 5]</i> 
 34.21     Subd. 7.  [TEST REFUSAL; DRIVING PRIVILEGE LOST.] (a) On 
 34.22  behalf of the commissioner, a peace officer requiring a test or 
 34.23  directing the administration of a chemical test shall serve 
 34.24  immediate notice of intention to revoke and of revocation on a 
 34.25  person who refuses to permit a test or on a person who submits 
 34.26  to a test the results of which indicate an alcohol concentration 
 34.27  of 0.10 or more. 
 34.28     (b) On behalf of the commissioner, a peace officer 
 34.29  requiring a test or directing the administration of a chemical 
 34.30  test of a person driving, operating, or in physical control of a 
 34.31  commercial motor vehicle shall serve immediate notice of 
 34.32  intention to disqualify and of disqualification on a person who 
 34.33  refuses to permit a test, or on a person who submits to a test 
 34.34  the results of which indicate an alcohol concentration of 0.04 
 34.35  or more. 
 34.36     (c) The officer shall either: 
 35.1      (1) take the driver's license or permit, if any, send it to 
 35.2   the commissioner along with the certificate required by 
 35.3   subdivision 3 or 4, and issue a temporary license effective only 
 35.4   for seven days; or 
 35.5      (2) invalidate the driver's license or permit in such a way 
 35.6   that no identifying information is destroyed. <i>[169.123, subd.</i> 
 35.7   <i>5a]</i> 
 35.8      Subd. 8.  [NOTICE OF ACTION TO OTHER STATES.] When a 
 35.9   nonresident's privilege to operate a motor vehicle in this state 
 35.10  has been revoked or denied, the commissioner shall give 
 35.11  information in writing of the action taken to the official in 
 35.12  charge of traffic control or public safety of the state of the 
 35.13  person's residence and of any state in which the person has a 
 35.14  license. <i>[169.123, subd. 8]</i> 
 35.15     Sec. 33.  [169A.53] [ADMINISTRATIVE AND JUDICIAL REVIEW OF 
 35.16  LICENSE REVOCATION.] 
 35.17     Subdivision 1.  [ADMINISTRATIVE REVIEW.] (a) At any time 
 35.18  during a period of revocation imposed under section 169A.52 
 35.19  (revocation of license for test failure or refusal) or a period 
 35.20  of disqualification imposed under section 171.165 (commercial 
 35.21  driver's license disqualification), a person may request in 
 35.22  writing a review of the order of revocation or disqualification 
 35.23  by the commissioner, unless the person is entitled to review 
 35.24  under section 171.166 (review of disqualification).  Upon 
 35.25  receiving a request the commissioner or the commissioner's 
 35.26  designee shall review the order, the evidence upon which the 
 35.27  order was based, and any other material information brought to 
 35.28  the attention of the commissioner, and determine whether 
 35.29  sufficient cause exists to sustain the order.  Within 15 days of 
 35.30  receiving the request the commissioner shall report in writing 
 35.31  the results of the review.  The review provided in this 
 35.32  subdivision is not subject to the contested case provisions of 
 35.33  the Administrative Procedure Act in sections 14.001 to 14.69. 
 35.34     (b) The availability of administrative review for an order 
 35.35  of revocation or disqualification has no effect upon the 
 35.36  availability of judicial review under this section. 
 36.1      (c) Review under this subdivision must take place, if 
 36.2   possible, at the same time as any administrative review of the 
 36.3   person's impoundment order under section 169A.60, subdivision 9. 
 36.4   <i>[169.123, subd. 5b]</i> 
 36.5      Subd. 2.  [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 
 36.6   days following receipt of a notice and order of revocation or 
 36.7   disqualification pursuant to section 169A.52 (revocation of 
 36.8   license for test failure or refusal), a person may petition the 
 36.9   court for review.  The petition must be filed with the district 
 36.10  court administrator in the county where the alleged offense 
 36.11  occurred, together with proof of service of a copy on the 
 36.12  commissioner, and accompanied by the standard filing fee for 
 36.13  civil actions.  Responsive pleading is not required of the 
 36.14  commissioner, and court fees must not be charged for the 
 36.15  appearance of the commissioner in the matter. 
 36.16     (b) The petition must: 
 36.17     (1) be captioned in the full name of the person making the 
 36.18  petition as petitioner and the commissioner as respondent; 
 36.19     (2) include the petitioner's date of birth, driver's 
 36.20  license number, and date of the offense; and 
 36.21     (3) state with specificity the grounds upon which the 
 36.22  petitioner seeks rescission of the order of revocation, 
 36.23  disqualification, or denial. 
 36.24     (c) The filing of the petition does not stay the 
 36.25  revocation, disqualification, or denial.  The reviewing court 
 36.26  may order a stay of the balance of the revocation or 
 36.27  disqualification if the hearing has not been conducted within 60 
 36.28  days after filing of the petition upon terms the court deems 
 36.29  proper. 
 36.30     (d) Judicial reviews must be conducted according to the 
 36.31  Rules of Civil Procedure, except that prehearing discovery is 
 36.32  mandatory and is limited to: 
 36.33     (1) the notice of revocation; 
 36.34     (2) the test record or, in the case of blood or urine 
 36.35  tests, the certificate of analysis; 
 36.36     (3) the peace officer's certificate and any accompanying 
 37.1   documentation submitted by the arresting officer to the 
 37.2   commissioner; and 
 37.3      (4) disclosure of potential witnesses, including experts, 
 37.4   and the basis of their testimony.  
 37.5      Other types of discovery are available only upon order of 
 37.6   the court. <i>[169.123, subd. 5c]</i> 
 37.7      Subd. 3.  [HEARING.] (a) A judicial review hearing under 
 37.8   this section must be before a district judge in any county in 
 37.9   the judicial district where the alleged offense occurred.  The 
 37.10  hearing is to the court and may be conducted at the same time 
 37.11  and in the same manner as hearings upon pretrial motions in the 
 37.12  criminal prosecution under section 169A.20 (driving while 
 37.13  impaired), if any.  The hearing must be recorded.  The 
 37.14  commissioner shall appear and be represented by the attorney 
 37.15  general or through the prosecuting authority for the 
 37.16  jurisdiction involved.  The hearing must be held at the earliest 
 37.17  practicable date, and in any event no later than 60 days 
 37.18  following the filing of the petition for review.  The judicial 
 37.19  district administrator shall establish procedures to ensure 
 37.20  efficient compliance with this subdivision.  To accomplish this, 
 37.21  the administrator may, whenever possible, consolidate and 
 37.22  transfer review hearings among the locations within the judicial 
 37.23  district where terms of district court are held. 
 37.24     (b) The scope of the hearing is limited to the issues in 
 37.25  clauses (1) to (10): 
 37.26     (1) Did the peace officer have probable cause to believe 
 37.27  the person was driving, operating, or in physical control of a 
 37.28  motor vehicle or commercial motor vehicle in violation of 
 37.29  section 169A.20 (driving while impaired)? 
 37.30     (2) Was the person lawfully placed under arrest for 
 37.31  violation of section 169A.20? 
 37.32     (3) Was the person involved in a motor vehicle accident or 
 37.33  collision resulting in property damage, personal injury, or 
 37.34  death? 
 37.35     (4) Did the person refuse to take a screening test provided 
 37.36  for by section 169A.41 (preliminary screening test)? 
 38.1      (5) If the screening test was administered, did the test 
 38.2   indicate an alcohol concentration of 0.10 or more? 
 38.3      (6) At the time of the request for the test, did the peace 
 38.4   officer inform the person of the person's rights and the 
 38.5   consequences of taking or refusing the test as required by 
 38.6   section 169A.51, subdivision 2? 
 38.7      (7) Did the person refuse to permit the test? 
 38.8      (8) If a test was taken by a person driving, operating, or 
 38.9   in physical control of a motor vehicle, did the test results 
 38.10  indicate at the time of testing: 
 38.11     (i) an alcohol concentration of 0.10 or more; or 
 38.12     (ii) the presence of a controlled substance listed in 
 38.13  schedule I or II, other than marijuana or tetrahydrocannabinols? 
 38.14     (9) If a test was taken by a person driving, operating, or 
 38.15  in physical control of a commercial motor vehicle, did the test 
 38.16  results indicate an alcohol concentration of 0.04 or more at the 
 38.17  time of testing? 
 38.18     (10) Was the testing method used valid and reliable and 
 38.19  were the test results accurately evaluated? 
 38.20     (c) It is an affirmative defense for the petitioner to 
 38.21  prove that, at the time of the refusal, the petitioner's refusal 
 38.22  to permit the test was based upon reasonable grounds. 
 38.23     (d) Certified or otherwise authenticated copies of 
 38.24  laboratory or medical personnel reports, records, documents, 
 38.25  licenses, and certificates are admissible as substantive 
 38.26  evidence. 
 38.27     (e) The court shall order that the revocation or 
 38.28  disqualification be either rescinded or sustained and forward 
 38.29  the order to the commissioner.  The court shall file its order 
 38.30  within 14 days following the hearing.  If the revocation or 
 38.31  disqualification is sustained, the court shall also forward the 
 38.32  person's driver's license or permit to the commissioner for 
 38.33  further action by the commissioner if the license or permit is 
 38.34  not already in the commissioner's possession. 
 38.35     (f) Any party aggrieved by the decision of the reviewing 
 38.36  court may appeal the decision as provided in the rules of 
 39.1   appellate procedure. <i>[169.123, subds. 6 and 7]</i> 
 39.2      Sec. 34.  [169A.54] [IMPAIRED DRIVING CONVICTIONS AND 
 39.3   ADJUDICATIONS; ADMINISTRATIVE PENALTIES.] 
 39.4      Subdivision 1.  [DRIVING WHILE IMPAIRED 
 39.5   CONVICTIONS.] Except as provided in subdivision 7, the 
 39.6   commissioner shall revoke the driver's license of a person 
 39.7   convicted of violating section 169A.20 (driving while impaired) 
 39.8   or an ordinance in conformity with it, as follows: 
 39.9      (1) for an offense under section 169A.20, subdivision 1 
 39.10  (driving while impaired crime):  not less than 30 days; 
 39.11     (2) for an offense under section 169A.20, subdivision 2 
 39.12  (refusal to submit to chemical test crime):  not less than 90 
 39.13  days; 
 39.14     (3) for an offense occurring within 15 years of a qualified 
 39.15  prior impaired driving incident: 
 39.16     (i) if the current conviction is for a violation of section 
 39.17  169A.20, subdivision 1, not less than 180 days and until the 
 39.18  court has certified that treatment or rehabilitation has been 
 39.19  successfully completed where prescribed in accordance with 
 39.20  section 169A.70 (chemical use assessments); or 
 39.21     (ii) if the current conviction is for a violation of 
 39.22  section 169A.20, subdivision 2, not less than one year and until 
 39.23  the court has certified that treatment or rehabilitation has 
 39.24  been successfully completed where prescribed in accordance with 
 39.25  section 169A.70; 
 39.26     (4) for an offense occurring within 15 years of the first 
 39.27  of two qualified prior impaired driving incidents:  not less 
 39.28  than one year, together with denial under section 171.04, 
 39.29  subdivision 1, clause (9), until rehabilitation is established 
 39.30  in accordance with standards established by the commissioner; or 
 39.31     (5) for an offense occurring within 15 years of the first 
 39.32  of three or more qualified prior impaired driving incidents:  
 39.33  not less than two years, together with denial under section 
 39.34  171.04, subdivision 1, clause (9), until rehabilitation is 
 39.35  established in accordance with standards established by the 
 39.36  commissioner. <i>[169.121, subd. 4, par. (a)]</i> 
 40.1      Subd. 2.  [DRIVING WHILE IMPAIRED BY PERSON UNDER AGE 
 40.2   21.] If the person convicted of violating section 169A.20 
 40.3   (driving while impaired) is under the age of 21 years at the 
 40.4   time of the violation, the commissioner shall revoke the 
 40.5   offender's driver's license or operating privileges for a period 
 40.6   of six months or for the appropriate period of time under 
 40.7   subdivision 1, clauses (1) to (5), for the offense committed, 
 40.8   whichever is the greatest period. <i>[169.121, subd. 4, par. (b)]</i> 
 40.9      Subd. 3.  [JUVENILE ADJUDICATIONS.] For purposes of this 
 40.10  section, a juvenile adjudication under section 169A.20 (driving 
 40.11  while impaired), an ordinance in conformity with it, or a 
 40.12  statute or ordinance from another state in conformity with it is 
 40.13  an offense. <i>[169.121, subd. 4, par. (c)]</i> 
 40.14     Subd. 4.  [VIOLATIONS INVOLVING PERSONAL INJURY.] Whenever 
 40.15  department records show that the violation involved personal 
 40.16  injury or death to any person, at least 90 additional days must 
 40.17  be added to the base periods provided in subdivisions 1 to 
 40.18  3. <i>[169.121, subd. 4, par. (d)]</i> 
 40.19     Subd. 5.  [VIOLATIONS INVOLVING AN ALCOHOL CONCENTRATION OF 
 40.20  0.20 OR MORE.] If the person is convicted of violating section 
 40.21  169A.20 (driving while impaired) while having an alcohol 
 40.22  concentration of 0.20 or more as measured at the time, or within 
 40.23  two hours of the time, of the offense, the commissioner shall 
 40.24  revoke the person's driver's license for twice the period of 
 40.25  time otherwise provided for in this section. <i>[169.121, subd. 4,</i> 
 40.26  <i>par. (e)]</i> 
 40.27     Subd. 6.  [APPLICABILITY OF IMPLIED CONSENT REVOCATION 
 40.28  PROVISIONS.] Except for a person whose license has been revoked 
 40.29  under subdivision 2, and except for a person convicted of a 
 40.30  violation of section 169A.20 (driving while impaired) while 
 40.31  having a child under the age of 16 in the vehicle if the child 
 40.32  is more than 36 months younger than the offender, any person 
 40.33  whose license has been revoked pursuant to section 169A.52 
 40.34  (license revocation for test failure or refusal) as the result 
 40.35  of the same incident, and who does not have a qualified prior 
 40.36  impaired driving incident, is subject to the mandatory 
 41.1   revocation provisions of subdivision 1, clause (1) or (2), in 
 41.2   lieu of the mandatory revocation provisions of section 
 41.3   169A.52. <i>[169.121, subd. 4, par. (f)]</i> 
 41.4      Subd. 7.  [ALCOHOL-RELATED COMMERCIAL VEHICLE DRIVING 
 41.5   VIOLATIONS.] (a) The administrative penalties described in 
 41.6   subdivision 1 do not apply to violations of section 169A.20, 
 41.7   subdivision 1 (driving while impaired crime), by a person 
 41.8   operating a commercial motor vehicle unless the person's alcohol 
 41.9   concentration as measured at the time, or within two hours of 
 41.10  the time, of the operation was 0.10 or more or the person 
 41.11  violates section 169A.20, subdivision 1, clauses (1) to (4) or 
 41.12  (7). 
 41.13     (b) The commissioner shall disqualify a person from 
 41.14  operating a commercial motor vehicle as provided under section 
 41.15  171.165 (commercial driver's license, disqualification), on 
 41.16  receipt of a record of conviction for a violation of section 
 41.17  169A.20.  
 41.18     (c) A person driving, operating, or in physical control of 
 41.19  a commercial motor vehicle with any presence of alcohol is 
 41.20  prohibited from operating a commercial motor vehicle for 24 
 41.21  hours from issuance of an out-of-service order. <i>[169.1211, subd.</i> 
 41.22  <i>4, and 169.1215]</i> 
 41.23     Subd. 8.  [UNDERAGE DRINKING AND DRIVING VIOLATIONS.] The 
 41.24  administrative penalties described in section 169A.33, 
 41.25  subdivision 3, apply to violations of section 169A.33 (underage 
 41.26  drinking and driving). <i>[new; see also 169.1218, par. (c)]</i> 
 41.27     Subd. 9.  [ALCOHOL-RELATED SCHOOL BUS DRIVING 
 41.28  VIOLATIONS.] The administrative penalties described in section 
 41.29  171.3215 (canceling school bus endorsements for certain offenses)
 41.30  apply to violations of section 169A.20 (driving while impaired) 
 41.31  by a person driving, operating, or in physical control of a 
 41.32  school bus or Head Start bus. <i>[new]</i> 
 41.33     Subd. 10.  [LICENSE REVOCATION; COURT INVALIDATION.] (a) 
 41.34  Except as provided in subdivision 7, on behalf of the 
 41.35  commissioner, a court shall serve notice of revocation or 
 41.36  cancellation on a person convicted of a violation of section 
 42.1   169A.20 (driving while impaired) unless the commissioner has 
 42.2   already revoked the person's driving privileges or served the 
 42.3   person with a notice of revocation for a violation of section 
 42.4   169A.52 (license revocation for test failure or refusal) arising 
 42.5   out of the same incident. 
 42.6      (b) The court shall invalidate the driver's license or 
 42.7   permit in such a way that no identifying information is 
 42.8   destroyed. <i>[169.121, subd. 7]</i> 
 42.9      Subd. 11.  [CHEMICAL USE ASSESSMENT.] When the evidentiary 
 42.10  test shows an alcohol concentration of 0.07 or more, that result 
 42.11  must be reported to the commissioner.  The commissioner shall 
 42.12  record that fact on the driver's record.  When the driver's 
 42.13  record shows a second or subsequent report of an alcohol 
 42.14  concentration of 0.07 or more within two years of a recorded 
 42.15  report, the commissioner may require that the driver have a 
 42.16  chemical use assessment meeting the commissioner's 
 42.17  requirements.  The assessment must be at the driver's expense.  
 42.18  In no event shall the commissioner deny the license of a person 
 42.19  who refuses to take the assessment or to undertake treatment, if 
 42.20  treatment is indicated by the assessment, for longer than 90 
 42.21  days.  If an assessment is made pursuant to this section, the 
 42.22  commissioner may waive the assessment required by section 
 42.23  169A.70. <i>[169.121, subd. 8]</i> 
 42.24     Sec. 35.  [169A.55] [LICENSE REVOCATION TERMINATION; 
 42.25  LICENSE REINSTATEMENT.] 
 42.26     Subdivision 1.  [TERMINATION OF REVOCATION PERIOD.] If the 
 42.27  commissioner receives notice of the driver's attendance at a 
 42.28  driver improvement clinic, attendance at counseling sessions, or 
 42.29  participation in treatment for an alcohol problem, the 
 42.30  commissioner may, 30 days prior to the time the revocation 
 42.31  period would otherwise expire, terminate the revocation period.  
 42.32  The commissioner shall not terminate the revocation period under 
 42.33  this subdivision for a driver who has had a license revoked 
 42.34  under section 169A.52 (license revocation for test failure or 
 42.35  refusal); 169A.54 (impaired driving convictions and 
 42.36  adjudications; administrative penalties); or Minnesota Statutes 
 43.1   1998, section 169.121 (driving under the influence of alcohol or 
 43.2   controlled substances); or 169.123 (implied consent) for another 
 43.3   incident during the preceding three-year period. <i>[169.123, subd.</i> 
 43.4   <i>10]</i> 
 43.5      Subd. 2.  [REINSTATEMENT OF DRIVING PRIVILEGES; 
 43.6   NOTICE.] Upon expiration of a period of revocation under section 
 43.7   169A.52 (license revocation for test failure or refusal) or 
 43.8   169A.54 (impaired driving convictions and adjudications; 
 43.9   administrative penalties), the commissioner shall notify the 
 43.10  person of the terms upon which driving privileges can be 
 43.11  reinstated, and new registration plates issued, which terms are: 
 43.12  (1) successful completion of an examination and proof of 
 43.13  compliance with any terms of alcohol treatment or counseling 
 43.14  previously prescribed, if any; and (2) any other requirements 
 43.15  imposed by the commissioner and applicable to that particular 
 43.16  case.  The commissioner shall notify the owner of a motor 
 43.17  vehicle subject to an impoundment order under section 169A.60 
 43.18  (administrative impoundment of plates) as a result of the 
 43.19  violation of the procedures for obtaining new registration 
 43.20  plates, if the owner is not the violator.  The commissioner 
 43.21  shall also notify the person that if driving is resumed without 
 43.22  reinstatement of driving privileges or without valid 
 43.23  registration plates and registration certificate, the person 
 43.24  will be subject to criminal penalties. <i>[169.1261]</i> 
 43.25     Sec. 36.  [169A.60] [ADMINISTRATIVE IMPOUNDMENT OF PLATES.] 
 43.26     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 43.27  the following terms have the meanings given in this subdivision. 
 43.28     (b) "Motor vehicle" means a self-propelled motor vehicle 
 43.29  other than a motorboat in operation or a recreational vehicle. 
 43.30     (c) "Plate impoundment violation" includes: 
 43.31     (1) a violation of section 169A.20 (driving while impaired) 
 43.32  or 169A.52 (license revocation for test failure or refusal), or 
 43.33  a conforming ordinance from this state or a conforming statute 
 43.34  or ordinance from another state, that results in the revocation 
 43.35  of a person's driver's license or driving privileges, within 15 
 43.36  years of a qualified prior impaired driving incident; 
 44.1      (2) a license disqualification under section 171.165 
 44.2   (commercial driver's license disqualification) resulting from a 
 44.3   violation of section 169A.52 within 15 years of a qualified 
 44.4   prior impaired driving incident; 
 44.5      (3) a violation of section 169A.20 while having an alcohol 
 44.6   concentration of 0.20 or more as measured at the time, or within 
 44.7   two hours of the time, of the offense; 
 44.8      (4) a violation of section 169A.20 while having a child 
 44.9   under the age of 16 in the vehicle if the child is more than 36 
 44.10  months younger than the offender; and 
 44.11     (5) a violation of section 171.24 (driving without valid 
 44.12  license) by a person whose driver's license or driving 
 44.13  privileges have been canceled under section 171.04, subdivision 
 44.14  1, clause (9) (persons not eligible for driver's license, 
 44.15  inimical to public safety). 
 44.16     (d) "Violator" means a person who was driving, operating, 
 44.17  or in physical control of the motor vehicle when the plate 
 44.18  impoundment violation occurred. 
 44.19     Subd. 2.  [PLATE IMPOUNDMENT VIOLATION; ISSUANCE OF 
 44.20  IMPOUNDMENT ORDER.] (a) The commissioner shall issue a 
 44.21  registration plate impoundment order when: 
 44.22     (1) a person's driver's license or driving privileges are 
 44.23  revoked for a plate impoundment violation; or 
 44.24     (2) a person is arrested for or charged with a plate 
 44.25  impoundment violation described in subdivision 1, paragraph (c), 
 44.26  clause (5). 
 44.27     (b) The order must require the impoundment of the 
 44.28  registration plates of the motor vehicle involved in the plate 
 44.29  impoundment violation and all motor vehicles owned by, 
 44.30  registered, or leased in the name of the violator, including 
 44.31  motor vehicles registered jointly or leased in the name of the 
 44.32  violator and another.  The commissioner shall not issue an 
 44.33  impoundment order for the registration plates of a rental 
 44.34  vehicle, as defined in section 168.041, subdivision 10, or a 
 44.35  vehicle registered in another state. 
 44.36     Subd. 3.  [NOTICE OF IMPOUNDMENT.] An impoundment order is 
 45.1   effective when the commissioner or a peace officer acting on 
 45.2   behalf of the commissioner notifies the violator or the 
 45.3   registered owner of the motor vehicle of the intent to impound 
 45.4   and order of impoundment.  The notice must advise the violator 
 45.5   of the duties and obligations set forth in subdivision 6 
 45.6   (surrender of plates) and of the right to obtain administrative 
 45.7   and judicial review.  The notice to the registered owner who is 
 45.8   not the violator must include the procedure to obtain new 
 45.9   registration plates under subdivision 8.  If mailed, the notice 
 45.10  and order of impoundment is deemed received three days after 
 45.11  mailing to the last known address of the violator or the 
 45.12  registered owner. 
 45.13     Subd. 4.  [PEACE OFFICER AS AGENT FOR NOTICE OF 
 45.14  IMPOUNDMENT.] On behalf of the commissioner, a peace officer 
 45.15  issuing a notice of intent to revoke and of revocation for a 
 45.16  plate impoundment violation shall also serve a notice of intent 
 45.17  to impound and an order of impoundment.  On behalf of the 
 45.18  commissioner, a peace officer who is arresting a person for or 
 45.19  charging a person with a plate impoundment violation described 
 45.20  in subdivision 1, paragraph (c), clause (5), shall also serve a 
 45.21  notice of intent to impound and an order of impoundment.  If the 
 45.22  vehicle involved in the plate impoundment violation is 
 45.23  accessible to the officer at the time the impoundment order is 
 45.24  issued, the officer shall seize the registration plates subject 
 45.25  to the impoundment order.  The officer shall destroy all plates 
 45.26  seized or impounded under this section.  The officer shall send 
 45.27  to the commissioner copies of the notice of intent to impound 
 45.28  and the order of impoundment and a notice that registration 
 45.29  plates impounded and seized under this section have been 
 45.30  destroyed. 
 45.31     Subd. 5.  [TEMPORARY PERMIT.] If the motor vehicle is 
 45.32  registered to the violator, the officer shall issue a temporary 
 45.33  vehicle permit that is valid for seven days when the officer 
 45.34  issues the notices under subdivision 4.  If the motor vehicle is 
 45.35  registered in the name of another, the officer shall issue a 
 45.36  temporary vehicle permit that is valid for 45 days when the 
 46.1   notices are issued under subdivision 3.  The permit must be in a 
 46.2   form determined by the registrar and whenever practicable must 
 46.3   be posted on the left side of the inside rear window of the 
 46.4   vehicle.  A permit is valid only for the vehicle for which it is 
 46.5   issued. 
 46.6      Subd. 6.  [SURRENDER OF PLATES.] Within seven days after 
 46.7   issuance of the impoundment notice, a person who receives a 
 46.8   notice of impoundment and impoundment order shall surrender all 
 46.9   registration plates subject to the impoundment order that were 
 46.10  not seized by a peace officer under subdivision 4.  Registration 
 46.11  plates required to be surrendered under this subdivision must be 
 46.12  surrendered to a Minnesota police department, sheriff, or the 
 46.13  state patrol, along with a copy of the impoundment order.  A law 
 46.14  enforcement agency receiving registration plates under this 
 46.15  subdivision shall destroy the plates and notify the commissioner 
 46.16  that they have been destroyed.  The notification to the 
 46.17  commissioner shall also include a copy of the impoundment order. 
 46.18     Subd. 7.  [VEHICLE NOT OWNED BY VIOLATOR.] A violator may 
 46.19  file a sworn statement with the commissioner within seven days 
 46.20  of the issuance of an impoundment order stating any material 
 46.21  information relating to the impoundment order, including that 
 46.22  the vehicle has been sold or destroyed, and supplying the date, 
 46.23  name, location, and address of the person or entity that 
 46.24  purchased or destroyed the vehicle.  The commissioner shall 
 46.25  rescind the impoundment order if the violator shows that the 
 46.26  impoundment order was not properly issued. 
 46.27     Subd. 8.  [REISSUANCE OF REGISTRATION PLATES.] (a) The 
 46.28  commissioner shall rescind the impoundment order of a person 
 46.29  subject to an order under this section, other than the violator, 
 46.30  if: 
 46.31     (1) the violator had a valid driver's license on the date 
 46.32  of the plate impoundment violation and the person files with the 
 46.33  commissioner an acceptable sworn statement containing the 
 46.34  following information: 
 46.35     (i) that the person is the registered owner of the vehicle 
 46.36  from which the plates have been impounded under this section; 
 47.1      (ii) that the person is the current owner and possessor of 
 47.2   the vehicle used in the violation; 
 47.3      (iii) the date on which the violator obtained the vehicle 
 47.4   from the registered owner; 
 47.5      (iv) the residence addresses of the registered owner and 
 47.6   the violator on the date the violator obtained the vehicle from 
 47.7   the registered owner; 
 47.8      (v) that the person was not a passenger in the vehicle at 
 47.9   the time of the plate impoundment violation; and 
 47.10     (vi) that the person knows that the violator may not drive, 
 47.11  operate, or be in physical control of a vehicle without a valid 
 47.12  driver's license; or 
 47.13     (2) the violator did not have a valid driver's license on 
 47.14  the date of the plate impoundment violation and the person made 
 47.15  a report to law enforcement before the violation stating that 
 47.16  the vehicle had been taken from the person's possession or was 
 47.17  being used without permission. 
 47.18     (b) A person who has failed to make a report as provided in 
 47.19  paragraph (a), clause (2), may be issued special registration 
 47.20  plates under subdivision 13 for a period of one year from the 
 47.21  effective date of the impoundment order.  At the next 
 47.22  registration renewal following this period, the person may apply 
 47.23  for regular registration plates. 
 47.24     (c) If the order is rescinded, the owner shall receive new 
 47.25  registration plates at no cost, if the plates were seized and 
 47.26  destroyed. 
 47.27     Subd. 9.  [ADMINISTRATIVE REVIEW.] (a) At any time during 
 47.28  the effective period of an impoundment order, a person may 
 47.29  request in writing a review of the impoundment order by the 
 47.30  commissioner.  On receiving a request, the commissioner or the 
 47.31  commissioner's designee shall review the order, the evidence 
 47.32  upon which the order was based, and any other material 
 47.33  information brought to the attention of the commissioner, and 
 47.34  determine whether sufficient cause exists to sustain the order.  
 47.35  The commissioner shall report in writing the results of the 
 47.36  review within 15 days of receiving the request.  The review 
 48.1   provided in this subdivision is not subject to the contested 
 48.2   case provisions of the Administrative Procedure Act in sections 
 48.3   14.001 to 14.69.  As a result of this review, the commissioner 
 48.4   may authorize the issuance at no cost of new registration plates 
 48.5   to the registered owner of the vehicle if the registered owner's 
 48.6   license or driving privileges were not revoked as a result of 
 48.7   the plate impoundment violation. 
 48.8      (b) Review under this subdivision must take place, if 
 48.9   possible, at the same time as any administrative review of the 
 48.10  person's license revocation under section 169A.53 
 48.11  (administrative and judicial review of license revocation). 
 48.12     Subd. 10.  [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 
 48.13  days following receipt of a notice and order of impoundment 
 48.14  under this section, a person may petition the court for review.  
 48.15  The petition must include the petitioner's date of birth, 
 48.16  driver's license number, and date of the plate impoundment 
 48.17  violation.  The petition must state with specificity the grounds 
 48.18  upon which the petitioner seeks rescission of the order for 
 48.19  impoundment.  The petition may be combined with any petition 
 48.20  filed under section 169A.53 (administrative and judicial review 
 48.21  of license revocation). 
 48.22     (b) Except as otherwise provided in this section, the 
 48.23  judicial review and hearing are governed by section 169A.53 and 
 48.24  must take place at the same time as any judicial review of the 
 48.25  person's license revocation under section 169A.53.  The filing 
 48.26  of the petition does not stay the impoundment order.  The 
 48.27  reviewing court may order a stay of the balance of the 
 48.28  impoundment period if the hearing has not been conducted within 
 48.29  60 days after filing of the petition upon terms the court deems 
 48.30  proper.  The court shall order either that the impoundment be 
 48.31  rescinded or sustained, and forward the order to the 
 48.32  commissioner.  The court shall file its order within 14 days 
 48.33  following the hearing. 
 48.34     (c) In addition to the issues described in section 169A.53, 
 48.35  subdivision 3 (judicial review of license revocation), the scope 
 48.36  of a hearing under this subdivision is limited to: 
 49.1      (1) whether the violator owns, is the registered owner of, 
 49.2   possesses, or has access to the vehicle used in the plate 
 49.3   impoundment violation; 
 49.4      (2) whether a member of the violator's household has a 
 49.5   valid driver's license, the violator or registered owner has a 
 49.6   limited license issued under section 171.30, the registered 
 49.7   owner is not the violator, and the registered owner has a valid 
 49.8   or limited driver's license, or a member of the registered 
 49.9   owner's household has a valid driver's license; and 
 49.10     (3) if the impoundment is based on a plate impoundment 
 49.11  violation described in subdivision 1, paragraph (c), clause (3) 
 49.12  or (4), whether the peace officer had probable cause to believe 
 49.13  the violator committed the plate impoundment violation and 
 49.14  whether the evidence demonstrates that the plate impoundment 
 49.15  violation occurred. 
 49.16     (d) In a hearing under this subdivision, the following 
 49.17  records are admissible in evidence: 
 49.18     (1) certified copies of the violator's driving record; and 
 49.19     (2) certified copies of vehicle registration records 
 49.20  bearing the violator's name. 
 49.21     Subd. 11.  [RESCISSION OF REVOCATION; DISMISSAL OR 
 49.22  ACQUITTAL; NEW PLATES.] If: 
 49.23     (1) the driver's license revocation that is the basis for 
 49.24  an impoundment order is rescinded; 
 49.25     (2) the charges for the plate impoundment violation have 
 49.26  been dismissed with prejudice; or 
 49.27     (3) the violator has been acquitted of the plate 
 49.28  impoundment violation; 
 49.29  then the registrar of motor vehicles shall issue new 
 49.30  registration plates for the vehicle at no cost, when the 
 49.31  registrar receives an application that includes a copy of the 
 49.32  order rescinding the driver's license revocation, the order 
 49.33  dismissing the charges, or the judgment of acquittal. 
 49.34     Subd. 12.  [CHARGE FOR REINSTATEMENT OF PLATES IN CERTAIN 
 49.35  SITUATIONS.] When the registrar of motor vehicles reinstates a 
 49.36  person's registration plates after impoundment for reasons other 
 50.1   than those described in subdivision 11, the registrar shall 
 50.2   charge the person $50 for each vehicle for which the 
 50.3   registration plates are being reinstated. 
 50.4      Subd. 13.  [SPECIAL REGISTRATION PLATES.] A violator or 
 50.5   registered owner may apply to the commissioner for new 
 50.6   registration plates, which must bear a special series of numbers 
 50.7   or letters so as to be readily identified by traffic law 
 50.8   enforcement officers.  The commissioner may authorize the 
 50.9   issuance of special plates if: 
 50.10     (1) the violator has a qualified licensed driver whom the 
 50.11  violator must identify; 
 50.12     (2) the violator or registered owner has a limited license 
 50.13  issued under section 171.30; 
 50.14     (3) the registered owner is not the violator and the 
 50.15  registered owner has a valid or limited driver's license; or 
 50.16     (4) a member of the registered owner's household has a 
 50.17  valid driver's license. 
 50.18  The commissioner may issue the special plates on payment of a 
 50.19  $50 fee for each vehicle for which special plates are requested. 
 50.20     Subd. 14.  [SALE OF VEHICLE SUBJECT TO IMPOUNDMENT 
 50.21  ORDER.] A registered owner may not sell a motor vehicle during 
 50.22  the time its registration plates have been ordered impounded or 
 50.23  during the time its registration plates bear a special series 
 50.24  number, unless: 
 50.25     (1) the sale is for a valid consideration; 
 50.26     (2) the transferee does not reside in the same household as 
 50.27  the registered owner; and 
 50.28     (3) all elements of section 168A.10 (transfer of interest 
 50.29  by owner) are satisfied. 
 50.30     The registrar may then transfer the title to the new owner 
 50.31  upon proper application and issue new registration plates. 
 50.32     Subd. 15.  [ACQUIRING ANOTHER VEHICLE.] If the violator 
 50.33  applies to the commissioner for registration plates for any 
 50.34  vehicle during the effective period of the plate impoundment, 
 50.35  the commissioner shall not issue registration plates unless the 
 50.36  violator qualifies for special registration plates under 
 51.1   subdivision 13 and unless the plates issued are special plates 
 51.2   as described in subdivision 13. 
 51.3      Subd. 16.  [FEES CREDITED TO HIGHWAY USER FUND.] Fees 
 51.4   collected from the sale or reinstatement of license plates under 
 51.5   this section must be paid into the state treasury and credited 
 51.6   one-half to the highway user tax distribution fund and one-half 
 51.7   to the general fund. 
 51.8      Subd. 17.  [PLATE IMPOUNDMENT; PENALTY.] Criminal penalties 
 51.9   for violating this section are governed by section 169A.37.  
 51.10     Subd. 18.  [STOP OF VEHICLES BEARING SPECIAL PLATES.] The 
 51.11  authority of a peace officer to stop a vehicle bearing special 
 51.12  plates is governed by section 168.0422. <i>[168.042]</i> 
 51.13     Sec. 37.  [169A.63] [VEHICLE FORFEITURE FOR DESIGNATED 
 51.14  OFFENSE OR LICENSE REVOCATION.] 
 51.15     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 51.16  the following terms have the meanings given them.  
 51.17     (b) "Appropriate agency" means a law enforcement agency 
 51.18  that has the authority to make an arrest for a violation of a 
 51.19  designated offense or to require a test under section 169A.51 
 51.20  (chemical tests for intoxication). 
 51.21     (c) "Designated license revocation" includes a license 
 51.22  revocation under section 169A.52 (license revocation for test 
 51.23  failure or refusal) or a license disqualification under section 
 51.24  171.165 (commercial driver's license disqualification) resulting 
 51.25  from a violation of section 169A.52; within 15 years of the 
 51.26  first of two or more qualified prior impaired driving incidents. 
 51.27     (d) "Designated offense" includes: 
 51.28     (1) a violation of section 169A.20 (driving while impaired) 
 51.29  under the circumstances described in section 169A.25 
 51.30  (first-degree driving while impaired); or 
 51.31     (2) a violation of section 169A.20 or an ordinance in 
 51.32  conformity with it: 
 51.33     (i) by a person whose driver's license or driving 
 51.34  privileges have been canceled as inimical to public safety under 
 51.35  section 171.04, subdivision 1, clause (9); or 
 51.36     (ii) by a person who is subject to a restriction on the 
 52.1   person's driver's license under section 171.09 (commissioner's 
 52.2   license restrictions), which provides that the person may not 
 52.3   use or consume any amount of alcohol or a controlled substance. 
 52.4      (e) "Motor vehicle" and "vehicle" do not include a vehicle 
 52.5   which is stolen or taken in violation of the law. 
 52.6      (f) "Owner" means the registered owner of the motor vehicle 
 52.7   according to records of the department of public safety and 
 52.8   includes a lessee of a motor vehicle if the lease agreement has 
 52.9   a term of 180 days or more. 
 52.10     (g) "Prosecuting authority" means the attorney in the 
 52.11  jurisdiction in which the designated offense occurred who is 
 52.12  responsible for prosecuting violations of a designated offense. 
 52.13     Subd. 2.  [SEIZURE.] (a) A motor vehicle subject to 
 52.14  forfeiture under this section may be seized by the appropriate 
 52.15  agency upon process issued by any court having jurisdiction over 
 52.16  the vehicle. 
 52.17     (b) Property may be seized without process if: 
 52.18     (1) the seizure is incident to a lawful arrest or a lawful 
 52.19  search; 
 52.20     (2) the vehicle subject to seizure has been the subject of 
 52.21  a prior judgment in favor of the state in a criminal injunction 
 52.22  or forfeiture proceeding under this section; or 
 52.23     (3) the appropriate agency has probable cause to believe 
 52.24  that the delay occasioned by the necessity to obtain process 
 52.25  would result in the removal or destruction of the vehicle.  If 
 52.26  property is seized without process under this clause, the 
 52.27  prosecuting authority must institute a forfeiture action under 
 52.28  this section as soon as is reasonably possible. 
 52.29     Subd. 3.  [RIGHT TO POSSESSION VESTS IMMEDIATELY; CUSTODY 
 52.30  OF SEIZED VEHICLE.] All right, title, and interest in a vehicle 
 52.31  subject to forfeiture under this section vests in the 
 52.32  appropriate agency upon commission of the conduct resulting in 
 52.33  the designated offense or designated license revocation giving 
 52.34  rise to the forfeiture.  Any vehicle seized under this section 
 52.35  is not subject to replevin, but is deemed to be in the custody 
 52.36  of the appropriate agency subject to the orders and decrees of 
 53.1   the court having jurisdiction over the forfeiture proceedings.  
 53.2   When a vehicle is seized under this section, the appropriate 
 53.3   agency may: 
 53.4      (1) place the vehicle under seal; 
 53.5      (2) remove the vehicle to a place designated by it; 
 53.6      (3) place a disabling device on the vehicle; and 
 53.7      (4) take other steps reasonable and necessary to secure the 
 53.8   vehicle and prevent waste. 
 53.9      Subd. 4.  [BOND BY OWNER FOR POSSESSION.] If the owner of a 
 53.10  vehicle that has been seized under this section seeks possession 
 53.11  of the vehicle before the forfeiture action is determined, the 
 53.12  owner may, subject to the approval of the appropriate agency, 
 53.13  give security or post bond payable to the appropriate agency in 
 53.14  an amount equal to the retail value of the seized vehicle.  On 
 53.15  posting the security or bond, the seized vehicle may be returned 
 53.16  to the owner only if a disabling device is attached to the 
 53.17  vehicle.  The forfeiture action must proceed against the 
 53.18  security as if it were the seized vehicle. 
 53.19     Subd. 5.  [EVIDENCE.] Certified copies of court records and 
 53.20  motor vehicle and driver's license records concerning qualified 
 53.21  prior impaired driving incidents are admissible as substantive 
 53.22  evidence where necessary to prove the commission of a designated 
 53.23  offense or the occurrence of a designated license revocation. 
 53.24     Subd. 6.  [MOTOR VEHICLE SUBJECT TO FORFEITURE.] A motor 
 53.25  vehicle is subject to forfeiture under this section if it was 
 53.26  used in the commission of a designated offense or was used in 
 53.27  conduct resulting in a designated license revocation. 
 53.28     Subd. 7.  [LIMITATIONS ON FORFEITURE OF MOTOR VEHICLE.] (a) 
 53.29  A vehicle is subject to forfeiture under this section only if: 
 53.30     (1) the driver is convicted of the designated offense upon 
 53.31  which the forfeiture is based; 
 53.32     (2) the driver fails to appear with respect to the 
 53.33  designated offense charge in violation of section 609.49 
 53.34  (release; failure to appear); or 
 53.35     (3) the driver's conduct results in a designated license 
 53.36  revocation and the driver either fails to seek administrative or 
 54.1   judicial review of the revocation in a timely manner as required 
 54.2   by section 169A.53 (administrative and judicial review of 
 54.3   license revocation), or the license revocation is sustained 
 54.4   under section 169A.53. 
 54.5      (b) A vehicle encumbered by a bona fide security interest, 
 54.6   or subject to a lease that has a term of 180 days or more, is 
 54.7   subject to the interest of the secured party or lessor unless 
 54.8   the party or lessor had knowledge of or consented to the act 
 54.9   upon which the forfeiture is based.  However, when the proceeds 
 54.10  of the sale of a seized vehicle do not equal or exceed the 
 54.11  outstanding loan balance, the appropriate agency shall remit all 
 54.12  proceeds of the sale to the secured party.  If the sale of the 
 54.13  vehicle is conducted in a commercially reasonable manner 
 54.14  consistent with the provisions of section 336.9-504, clause (3), 
 54.15  the agency is not liable to the secured party for any amount 
 54.16  owed on the loan in excess of the sale proceeds if the secured 
 54.17  party received notification of the time and place of the sale at 
 54.18  least three days prior to the sale. 
 54.19     (c) Notwithstanding paragraphs (b) and (d), the secured 
 54.20  party's, lessor's, or owner's interest in a vehicle is not 
 54.21  subject to forfeiture based solely on the secured party's, 
 54.22  lessor's, or owner's knowledge of the act or omission upon which 
 54.23  the forfeiture is based if the secured party, lessor, or owner 
 54.24  took reasonable steps to terminate use of the vehicle by the 
 54.25  offender. 
 54.26     (d) A motor vehicle is subject to forfeiture under this 
 54.27  section only if its owner knew or should have known of the 
 54.28  unlawful use or intended use. 
 54.29     (e) A vehicle subject to a security interest, based upon a 
 54.30  loan or other financing arranged by a financial institution, is 
 54.31  subject to the interest of the financial institution. 
 54.32     Subd. 8.  [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 
 54.33  motor vehicle used to commit a designated offense or used in 
 54.34  conduct resulting in a designated license revocation is subject 
 54.35  to administrative forfeiture under this subdivision. 
 54.36     (b) When a motor vehicle is seized under subdivision 2, the 
 55.1   appropriate agency shall serve the driver or operator of the 
 55.2   vehicle with a notice of the seizure and intent to forfeit the 
 55.3   vehicle.  Additionally, when a motor vehicle is seized under 
 55.4   subdivision 2, or within a reasonable time after that, all 
 55.5   persons known to have an ownership, possessory, or security 
 55.6   interest in the vehicle must be notified of the seizure and the 
 55.7   intent to forfeit the vehicle.  If the vehicle is required to be 
 55.8   registered under chapter 168, the notification to a person known 
 55.9   to have a security interest in the vehicle is required only if 
 55.10  the vehicle is registered under chapter 168 and the interest is 
 55.11  listed on the vehicle's title.  Notice mailed by certified mail 
 55.12  to the address shown in department of public safety records is 
 55.13  sufficient notice to the registered owner of the vehicle.  
 55.14  Otherwise, notice may be given in the manner provided by law for 
 55.15  service of a summons in a civil action. 
 55.16     (c) The notice must be in writing and contain: 
 55.17     (1) a description of the vehicle seized; 
 55.18     (2) the date of seizure; and 
 55.19     (3) notice of the right to obtain judicial review of the 
 55.20  forfeiture and of the procedure for obtaining that judicial 
 55.21  review, printed in English, Hmong, and Spanish.  Substantially 
 55.22  the following language must appear conspicuously:  "IF YOU DO 
 55.23  NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 
 55.24  STATUTES, SECTION 169A.63, SUBDIVISION 8, YOU LOSE THE RIGHT TO 
 55.25  A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 
 55.26  RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY.  YOU MAY NOT 
 55.27  HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 
 55.28  UNABLE TO AFFORD THE FEE.  IF THE PROPERTY IS WORTH $7,500 OR 
 55.29  LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT.  YOU DO NOT 
 55.30  HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS 
 55.31  WORTH LESS THAN $500." 
 55.32     (d) Within 30 days following service of a notice of seizure 
 55.33  and forfeiture under this subdivision, a claimant may file a 
 55.34  demand for a judicial determination of the forfeiture.  The 
 55.35  demand must be in the form of a civil complaint and must be 
 55.36  filed with the court administrator in the county in which the 
 56.1   seizure occurred, together with proof of service of a copy of 
 56.2   the complaint on the prosecuting authority having jurisdiction 
 56.3   over the forfeiture, and the standard filing fee for civil 
 56.4   actions unless the petitioner has the right to sue in forma 
 56.5   pauperis under section 563.01.  If the value of the seized 
 56.6   property is $7,500 or less, the claimant may file an action in 
 56.7   conciliation court for recovery of the seized vehicle.  If the 
 56.8   value of the seized property is less than $500, the claimant 
 56.9   does not have to pay the conciliation court filing fee.  No 
 56.10  responsive pleading is required of the prosecuting authority and 
 56.11  no court fees may be charged for the prosecuting authority's 
 56.12  appearance in the matter.  Except as provided in this section, 
 56.13  judicial reviews and hearings are governed by section 169A.53, 
 56.14  subdivisions 2 and 3, and shall take place at the same time as 
 56.15  any judicial review of the person's license revocation under 
 56.16  section 169A.53.  The proceedings may be combined with any 
 56.17  hearing on a petition filed under section 169A.53, subdivision 
 56.18  2, and are governed by the Rules of Civil Procedure. 
 56.19     (e) The complaint must be captioned in the name of the 
 56.20  claimant as plaintiff and the seized vehicle as defendant, and 
 56.21  must state with specificity the grounds on which the claimant 
 56.22  alleges the vehicle was improperly seized and the plaintiff's 
 56.23  interest in the vehicle seized.  Notwithstanding any law to the 
 56.24  contrary, an action for the return of a vehicle seized under 
 56.25  this section may not be maintained by or on behalf of any person 
 56.26  who has been served with a notice of seizure and forfeiture 
 56.27  unless the person has complied with this subdivision. 
 56.28     (f) If the claimant makes a timely demand for a judicial 
 56.29  determination under this subdivision, the appropriate agency 
 56.30  must conduct the forfeiture under subdivision 9. 
 56.31     (g) If a demand for judicial determination of an 
 56.32  administrative forfeiture is filed under this subdivision and 
 56.33  the court orders the return of the seized vehicle, the court 
 56.34  shall order that filing fees be reimbursed to the person who 
 56.35  filed the demand.  In addition, the court may order sanctions 
 56.36  under section 549.211 (sanctions in civil actions). 
 57.1      Subd. 9.  [JUDICIAL FORFEITURE PROCEDURE.] (a) This 
 57.2   subdivision governs judicial determinations of the forfeiture of 
 57.3   a motor vehicle used to commit a designated offense or used in 
 57.4   conduct resulting in a designated license revocation. 
 57.5      (b) A separate complaint must be filed against the vehicle, 
 57.6   describing it, specifying that it was used in the commission of 
 57.7   a designated offense or was used in conduct resulting in a 
 57.8   designated license revocation, and specifying the time and place 
 57.9   of its unlawful use.  If the forfeiture is based on the 
 57.10  commission of a designated offense and the person charged with 
 57.11  the designated offense appears in court as required and is not 
 57.12  convicted of the offense, the court shall dismiss the complaint 
 57.13  against the vehicle and order the property returned to the 
 57.14  person legally entitled to it.  If the forfeiture is based on a 
 57.15  designated license revocation, and the license revocation is 
 57.16  rescinded under section 169A.53 (administrative and judicial 
 57.17  review of license revocation), the court shall dismiss the 
 57.18  complaint against the vehicle and order the property returned to 
 57.19  the person legally entitled to it.  If the lawful ownership of 
 57.20  the vehicle used in the commission of a designated offense or 
 57.21  used in conduct resulting in a designated license revocation can 
 57.22  be determined and it is found the owner was not privy to 
 57.23  commission of a designated offense or was not privy to the 
 57.24  conduct resulting in the designated license revocation, the 
 57.25  vehicle must be returned immediately. 
 57.26     Subd. 10.  [DISPOSITION OF FORFEITED VEHICLE.] (a) If the 
 57.27  vehicle is administratively forfeited under subdivision 8, or if 
 57.28  the court finds under subdivision 9 that the vehicle is subject 
 57.29  to forfeiture under subdivisions 6 and 7, the appropriate agency 
 57.30  shall: 
 57.31     (1) sell the vehicle and distribute the proceeds under 
 57.32  paragraph (b); or 
 57.33     (2) keep the vehicle for official use.  If the agency keeps 
 57.34  a forfeited motor vehicle for official use, it shall make 
 57.35  reasonable efforts to ensure that the motor vehicle is available 
 57.36  for use by the agency's officers who participate in the drug 
 58.1   abuse resistance education program. 
 58.2      (b) The proceeds from the sale of forfeited vehicles, after 
 58.3   payment of seizure, storage, forfeiture, and sale expenses, and 
 58.4   satisfaction of valid liens against the property, must be 
 58.5   forwarded to the treasury of the political subdivision that 
 58.6   employs the appropriate agency responsible for the forfeiture 
 58.7   for use in DWI-related enforcement, training, and education.  If 
 58.8   the appropriate agency is an agency of state government, the net 
 58.9   proceeds must be forwarded to the state treasury and credited to 
 58.10  the following funds: 
 58.11     (1) if the forfeited vehicle is a motorboat, the net 
 58.12  proceeds must be credited to the water recreation account in the 
 58.13  natural resources fund; 
 58.14     (2) if the forfeited vehicle is a snowmobile, the net 
 58.15  proceeds must be credited to the snowmobile trails and 
 58.16  enforcement account in the natural resources fund; 
 58.17     (3) if the forfeited vehicle is an all-terrain vehicle, the 
 58.18  net proceeds must be credited to the all-terrain vehicle account 
 58.19  in the natural resources fund; 
 58.20     (4) if the forfeited vehicle is an off-highway motorcycle, 
 58.21  the net proceeds must be credited to the off-highway motorcycle 
 58.22  account in the natural resources fund; 
 58.23     (5) if the forfeited vehicle is an off-road vehicle, the 
 58.24  net proceeds must be credited to the off-road vehicle account in 
 58.25  the natural resources fund; and 
 58.26     (6) if otherwise, the net proceeds must be credited to the 
 58.27  general fund. <i>[169.1217]</i> 
 58.28                      MISCELLANEOUS PROVISIONS
 58.29     Sec. 38. [169A.70] [ALCOHOL SAFETY PROGRAMS; CHEMICAL USE 
 58.30  ASSESSMENTS.] 
 58.31     Subdivision 1.  [ALCOHOL SAFETY PROGRAMS; 
 58.32  ESTABLISHMENT.] (a) The county board of every county shall 
 58.33  establish an alcohol safety program designed to provide chemical 
 58.34  use assessments of persons convicted of an offense enumerated in 
 58.35  subdivision 2. <i>[169.124]</i> 
 58.36     (b) County boards may enter into an agreement to establish 
 59.1   a regional alcohol safety program.  County boards may contract 
 59.2   with other counties and agencies for alcohol problem screening 
 59.3   and chemical use assessment services. <i>[169.125]</i> 
 59.4      Subd. 2.  [CHEMICAL USE ASSESSMENT; REQUIREMENT; FORM.] A 
 59.5   chemical use assessment must be conducted and an assessment 
 59.6   report submitted to the court and to the department of public 
 59.7   safety by the county agency administering the alcohol safety 
 59.8   program when: 
 59.9      (1) the defendant is convicted of an offense described in 
 59.10  section 169A.20 (driving while impaired), 169A.31 
 59.11  (alcohol-related school bus and Head Start bus driving), or 
 59.12  360.0752 (impaired aircraft operation); or 
 59.13     (2) the defendant is arrested for committing an offense 
 59.14  described in clause (1) but is convicted of another offense 
 59.15  arising out of the circumstances surrounding the arrest. 
 59.16     Subd. 3.  [ASSESSMENT REPORT.] (a) The assessment report 
 59.17  must be on a form prescribed by the commissioner and shall 
 59.18  contain an evaluation of the convicted defendant concerning the 
 59.19  defendant's prior traffic record, characteristics and history of 
 59.20  alcohol and chemical use problems, and amenability to 
 59.21  rehabilitation through the alcohol safety program.  The report 
 59.22  is classified as private data on individuals as defined in 
 59.23  section 13.02, subdivision 12. 
 59.24     (b) The assessment report must include: 
 59.25     (1) a recommended level of care for the offender in 
 59.26  accordance with the criteria contained in rules adopted by the 
 59.27  commissioner of human services under section 254A.03, 
 59.28  subdivision 3 (chemical dependency treatment rules); 
 59.29     (2) recommendations for other appropriate remedial action 
 59.30  or care that may consist of educational programs, one-on-one 
 59.31  counseling, a program or type of treatment that addresses mental 
 59.32  health concerns, or a combination of them; or 
 59.33     (3) a specific explanation why no level of care or action 
 59.34  was recommended. 
 59.35     Subd. 4.  [ASSESSOR STANDARDS; RULES; ASSESSMENT TIME 
 59.36  LIMITS.] A chemical use assessment required by this section must 
 60.1   be conducted by an assessor appointed by the court.  The 
 60.2   assessor must meet the training and qualification requirements 
 60.3   of rules adopted by the commissioner of human services under 
 60.4   section 254A.03, subdivision 3 (chemical dependency treatment 
 60.5   rules).  Notwithstanding section 13.82 (law enforcement data), 
 60.6   the assessor shall have access to any police reports, laboratory 
 60.7   test results, and other law enforcement data relating to the 
 60.8   current offense or previous offenses that are necessary to 
 60.9   complete the evaluation.  An assessor providing an assessment 
 60.10  under this section may not have any direct or shared financial 
 60.11  interest or referral relationship resulting in shared financial 
 60.12  gain with a treatment provider.  If an independent assessor is 
 60.13  not available, the court may use the services of an assessor 
 60.14  authorized to perform assessments for the county social services 
 60.15  agency under a variance granted under rules adopted by the 
 60.16  commissioner of human services under section 254A.03, 
 60.17  subdivision 3.  An appointment for the defendant to undergo the 
 60.18  assessment must be made by the court, a court services probation 
 60.19  officer, or the court administrator as soon as possible but in 
 60.20  no case more than one week after the defendant's court 
 60.21  appearance.  The assessment must be completed no later than 
 60.22  three weeks after the defendant's court appearance.  If the 
 60.23  assessment is not performed within this time limit, the county 
 60.24  where the defendant is to be sentenced shall perform the 
 60.25  assessment.  The county of financial responsibility must be 
 60.26  determined under chapter 256G. 
 60.27     Subd. 5.  [APPLICABILITY TO NONRESIDENT.] This section does 
 60.28  not apply to a person who is not a resident of the state of 
 60.29  Minnesota at the time of the offense and at the time of the 
 60.30  assessment. <i>[169.126]</i> 
 60.31     Sec. 39.  [169A.71] [RESEARCH PROGRAMS.] 
 60.32     No person is guilty of a violation of section 169A.20 
 60.33  (driving while impaired) committed while participating in a 
 60.34  research or demonstration project conducted by the Minnesota 
 60.35  highway safety center.  This section applies only to conduct 
 60.36  occurring while operating a state-owned vehicle under the 
 61.1   supervision of personnel of the center on the grounds of the 
 61.2   center. <i>[169.121, subd. 10]</i> 
 61.3      Sec. 40.  [169A.72] [DRIVER EDUCATION PROGRAMS.] 
 61.4      Driver training courses offered through the public schools 
 61.5   and driver training courses offered by private or commercial 
 61.6   schools or institutes shall include instruction which must 
 61.7   encompass at least: 
 61.8      (1) information on the effects of consumption of beverage 
 61.9   alcohol products and the use of illegal drugs, prescription 
 61.10  drugs, and nonprescription drugs on the ability of a person to 
 61.11  operate a motor vehicle; 
 61.12     (2) the hazards of driving while under the influence of 
 61.13  alcohol or drugs; and 
 61.14     (3) the legal penalties and financial consequences 
 61.15  resulting from violations of laws prohibiting the operation of a 
 61.16  motor vehicle while under the influence of alcohol or drugs. 
 61.17  <i>[169.121, subd. 12]</i> 
 61.18     Sec. 41.  [169A.73] [REMOTE ELECTRONIC ALCOHOL MONITORING 
 61.19  PROGRAM.] 
 61.20     Subdivision 1.  [DEFINITIONS.] As used in this section: 
 61.21     (1) "breath analyzer unit" means a device that performs 
 61.22  breath alcohol testing and is connected to a remote electronic 
 61.23  alcohol monitoring system; and 
 61.24     (2) "remote electronic alcohol monitoring system" means a 
 61.25  system that electronically monitors the alcohol concentration of 
 61.26  individuals in their homes or other locations to ensure 
 61.27  compliance with conditions of pretrial release, supervised 
 61.28  release, or probation. 
 61.29     Subd. 2.  [PROGRAM ESTABLISHED.] In cooperation with the 
 61.30  conference of chief judges, the state court administrator, and 
 61.31  the commissioner of public safety, the commissioner of 
 61.32  corrections shall establish a program to use breath analyzer 
 61.33  units to monitor impaired driving offenders who are ordered to 
 61.34  abstain from alcohol use as a condition of pretrial release, 
 61.35  supervised release, or probation.  The program must include 
 61.36  procedures to ensure that violators of this condition of release 
 62.1   receive swift consequences for the violation. 
 62.2      Subd. 3.  [COST OF PROGRAM.] Offenders who are ordered to 
 62.3   participate in the program shall also be ordered to pay the per 
 62.4   diem cost of the monitoring unless the offender is indigent.  
 62.5   The commissioner of corrections shall reimburse the judicial 
 62.6   districts in a manner proportional to their use of remote 
 62.7   electronic alcohol monitoring for any costs the districts incur 
 62.8   in participating in the program. 
 62.9      Subd. 4.  [REPORT REQUIRED.] By January 1, 2004, the 
 62.10  commissioner of corrections shall evaluate the effectiveness of 
 62.11  the program and report the results of this evaluation to the 
 62.12  conference of chief judges, the state court administrator, the 
 62.13  commissioner of public safety, and the chairs and ranking 
 62.14  minority members of the house and senate committees and 
 62.15  divisions having jurisdiction over criminal justice policy and 
 62.16  funding. <i>[169.1219]</i> 
 62.17     Sec. 42.  [169A.74] [PILOT PROGRAMS OF INTENSIVE PROBATION 
 62.18  FOR REPEAT IMPAIRED DRIVING OFFENDERS.] 
 62.19     Subdivision 1.  [GRANT APPLICATION.] The commissioners of 
 62.20  corrections and public safety, in cooperation with the 
 62.21  commissioner of human services, shall jointly administer a 
 62.22  program to provide grants to counties to establish and operate 
 62.23  programs of intensive probation for repeat violators of the 
 62.24  driving while impaired laws.  The commissioners shall adopt an 
 62.25  application form on which a county or a group of counties may 
 62.26  apply for a grant to establish and operate an impaired driving 
 62.27  repeat offender program. 
 62.28     Subd. 2.  [GOALS.] The goals of the impaired driving repeat 
 62.29  offender program are to protect public safety and provide an 
 62.30  appropriate sentencing alternative for persons convicted of 
 62.31  repeat violations of section 169A.20 (driving while impaired), 
 62.32  who are considered to be of high risk to the community. 
 62.33     Subd. 3.  [PROGRAM ELEMENTS.] To be considered for a grant 
 62.34  under this section, a county program must contain the following 
 62.35  elements: 
 62.36     (1) an initial assessment of the offender's chemical 
 63.1   dependency, based on the results of a chemical use assessment 
 63.2   conducted under section 169A.70, with recommended treatment and 
 63.3   aftercare, and a requirement that the offender follow the 
 63.4   recommended treatment and aftercare; 
 63.5      (2) several stages of probation supervision, including: 
 63.6      (i) a period of incarceration in a local or regional 
 63.7   detention facility; 
 63.8      (ii) a period during which an offender is, at all times, 
 63.9   either working, on home detention, being supervised at a program 
 63.10  facility, or traveling between two of these locations; 
 63.11     (iii) a period of home detention; and 
 63.12     (iv) a period of gradually decreasing involvement with the 
 63.13  program; 
 63.14     (3) decreasing levels of intensity and contact with 
 63.15  probation officials based on the offender's successful 
 63.16  participation in the program and compliance with its rules; 
 63.17     (4) a provision for increasing the severity of the 
 63.18  program's requirements when an offender offends again or 
 63.19  violates the program's rules; 
 63.20     (5) a provision for offenders to continue or seek 
 63.21  employment during their period of intensive probation; 
 63.22     (6) a requirement that offenders abstain from alcohol and 
 63.23  controlled substances during the probation period and be tested 
 63.24  for such use on a routine basis; and 
 63.25     (7) a requirement that all or a substantial part of the 
 63.26  costs of the program be paid by the offenders. 
 63.27     Subd. 4.  [TRAINING.] Counties participating in the program 
 63.28  shall provide relevant training in intensive probation programs 
 63.29  to affected officials. <i>[169.1265]</i> 
 63.30     Sec. 43.  [169A.75] [IMPAIRED DRIVING-RELATED RULES.] 
 63.31     The commissioner may promulgate rules to carry out the 
 63.32  provisions of this chapter.  The rules may include forms for 
 63.33  notice of intention to revoke that describe clearly the right to 
 63.34  a hearing, the procedure for requesting a hearing, and the 
 63.35  consequences of failure to request a hearing; forms for 
 63.36  revocation and notice of reinstatement of driving privileges as 
 64.1   provided in section 169A.55; and forms for temporary licenses. 
 64.2      Rules promulgated pursuant to this section are subject to 
 64.3   sections 14.01 to 14.20 and 14.365 to 14.69 (Administrative 
 64.4   Procedure Act). <i>[169.128]</i> 
 64.5      Sec. 44.  [169A.76] [CIVIL ACTION; PUNITIVE DAMAGES.] 
 64.6      In a civil action involving a motor vehicle accident, it is 
 64.7   sufficient for the trier of fact to consider an award of 
 64.8   punitive damages if there is evidence that the accident was 
 64.9   caused by a driver: 
 64.10     (1) with an alcohol concentration of 0.10 or more; 
 64.11     (2) who was under the influence of a controlled substance; 
 64.12     (3) who was under the influence of alcohol and refused to 
 64.13  take a test required under section 169A.51 (chemical tests for 
 64.14  intoxication); or 
 64.15     (4) who was knowingly under the influence of a hazardous 
 64.16  substance that substantially affects the person's nervous 
 64.17  system, brain, or muscles so as to impair the person's ability 
 64.18  to drive or operate a motor vehicle. 
 64.19     A criminal charge or conviction is not a prerequisite to 
 64.20  consideration of punitive damages under this section.  At the 
 64.21  trial in an action where the trier of fact will consider an 
 64.22  award of punitive damages, evidence that the driver has been 
 64.23  convicted of violating section 169A.20 (driving while impaired) 
 64.24  or 609.21 (criminal vehicular homicide and injury) is admissible 
 64.25  into evidence. <i>[169.121, subd. 10a]</i> 
 64.26                             ARTICLE 2 
 64.27                       CONFORMING AMENDMENTS; 
 64.28                       IMPLEMENTATION OF ACT 
 64.29     Section 1.  Minnesota Statutes 1999 Supplement, section 
 64.30  260B.171, subdivision 7, is amended to read: 
 64.31     Subd. 7.  [COURT RECORD RELEASED TO PROSECUTOR.] If a 
 64.32  prosecutor has probable cause to believe that a person has 
 64.33  committed a gross misdemeanor violation of section ~~169.121 or~~ 
 64.34  ~~has violated section 169.129~~ 169A.20, and that a prior juvenile 
 64.35  court adjudication forms, in part, the basis for the current 
 64.36  violation, the prosecutor may file an application with the court 
 65.1   having jurisdiction over the criminal matter attesting to this 
 65.2   probable cause determination and seeking the relevant juvenile 
 65.3   court records.  The court shall transfer the application to the 
 65.4   juvenile court where the requested records are maintained, and 
 65.5   the juvenile court shall release to the prosecutor any records 
 65.6   relating to the person's prior juvenile traffic adjudication, 
 65.7   including a transcript, if any, of the court's advisory of the 
 65.8   right to counsel and the person's exercise or waiver of that 
 65.9   right.  
 65.10     Sec. 2.  Minnesota Statutes 1999 Supplement, section 
 65.11  260B.225, subdivision 4, is amended to read: 
 65.12     Subd. 4.  [ORIGINAL JURISDICTION; JUVENILE COURT.] The 
 65.13  juvenile court ~~shall have~~ has original jurisdiction over: 
 65.14     (1) all juveniles age 15 and under alleged to have 
 65.15  committed any traffic offense; and 
 65.16     (2) 16- and 17-year-olds alleged to have committed any 
 65.17  major traffic offense, except that the adult court has original 
 65.18  jurisdiction over: 
 65.19     (i) petty traffic misdemeanors not a part of the same 
 65.20  behavioral incident of a misdemeanor being handled in juvenile 
 65.21  court; and 
 65.22     (ii) violations of ~~sections 169.121 (drivers under the~~ 
 65.23  ~~influence of alcohol or controlled substance) and 169.129~~ 
 65.24  ~~(aggravated driving while intoxicated)~~ section 169A.20 (driving 
 65.25  while impaired), and any other misdemeanor or gross misdemeanor 
 65.26  level traffic violations committed as part of the same 
 65.27  behavioral incident as a violation of section ~~169.121 or 169.129~~ 
 65.28  169A.20.  
 65.29     Sec. 3.  Minnesota Statutes 1999 Supplement, section 
 65.30  609.035, subdivision 2, is amended to read: 
 65.31     Subd. 2.  (a) When a person is being sentenced for a 
 65.32  violation of a provision listed in paragraph ~~(f)~~ (e), the court 
 65.33  may sentence the person to a consecutive term of imprisonment 
 65.34  for a violation of any other provision listed in 
 65.35  paragraph ~~(f)~~ (e), notwithstanding the fact that the offenses 
 65.36  arose out of the same course of conduct, subject to the 
 66.1   limitation on consecutive sentences contained in section 609.15, 
 66.2   subdivision 2, and except as provided in paragraphs (b), 
 66.3   (c), ~~(d),~~ and ~~(g)~~ (f) of this subdivision. 
 66.4      (b) ~~When a person is being sentenced for a violation of~~ 
 66.5   ~~section 169.129 the court may not impose a consecutive sentence~~ 
 66.6   ~~for a violation of a provision of section 169.121, subdivision~~ 
 66.7   ~~1, or for a violation of a provision of section 171.20, 171.24,~~ 
 66.8   ~~or 171.30.~~ 
 66.9      ~~(c)~~ When a person is being sentenced for a violation of 
 66.10  section 171.20, 171.24, or 171.30, the court may not impose a 
 66.11  consecutive sentence for another violation of a provision in 
 66.12  chapter 171. 
 66.13     ~~(d)~~ (c) When a person is being sentenced for a violation of 
 66.14  section 169.791 or 169.797, the court may not impose a 
 66.15  consecutive sentence for another violation of a provision of 
 66.16  sections 169.79 to 169.7995. 
 66.17     ~~(e)~~ (d) This subdivision does not limit the authority of 
 66.18  the court to impose consecutive sentences for crimes arising on 
 66.19  different dates or to impose a consecutive sentence when a 
 66.20  person is being sentenced for a crime and is also in violation 
 66.21  of the conditions of a stayed or otherwise deferred sentence 
 66.22  under section 609.135. 
 66.23     ~~(f)~~ (e) This subdivision applies to misdemeanor and gross 
 66.24  misdemeanor violations of the following if the offender has two 
 66.25  or more prior impaired driving convictions as defined in section 
 66.26  ~~169.121, subdivision 3~~ 169A.03 within the past 15 years: 
 66.27     (1) section ~~169.121, subdivision 1, driving while~~ 
 66.28  ~~intoxicated~~ 169A.20, driving while impaired; 
 66.29     (2) ~~section 169.121, subdivision 1a, testing refusal;~~ 
 66.30     ~~(3) section 169.129, aggravated driving while intoxicated;~~ 
 66.31     ~~(4)~~ section 169.791, failure to provide proof of insurance; 
 66.32     ~~(5)~~ (3) section 169.797, failure to provide vehicle 
 66.33  insurance; 
 66.34     ~~(6)~~ (4) section 171.20, subdivision 2, operation after 
 66.35  revocation, suspension, cancellation, or disqualification; 
 66.36     ~~(7)~~ (5) section 171.24, driving without valid license; and 
 67.1      ~~(8)~~ (6) section 171.30, violation of condition of limited 
 67.2   license. 
 67.3      ~~(g)~~ (f) When a court is sentencing an offender for a 
 67.4   violation of section ~~169.121 or 169.129~~ 169A.20 and a violation 
 67.5   of an offense listed in paragraph ~~(f)~~ (e), and the offender has 
 67.6   five or more qualified prior impaired driving ~~convictions, five~~ 
 67.7   ~~or more prior license revocations, or a combination of the two~~ 
 67.8   ~~based on separate instances,~~ incidents, as defined in section 
 67.9   169A.03, within the ~~person's lifetime~~ past 15 years, the court 
 67.10  shall sentence the offender to serve consecutive sentences for 
 67.11  the offenses, notwithstanding the fact that the offenses arose 
 67.12  out of the same course of conduct. 
 67.13     Sec. 4.  Minnesota Statutes 1998, section 629.471, is 
 67.14  amended to read: 
 67.15     629.471 [MAXIMUM BAIL ON MISDEMEANORS; GROSS MISDEMEANORS.] 
 67.16     Subdivision 1.  [DOUBLE THE FINE.] Except as provided in 
 67.17  subdivision 2 or 3, the maximum cash bail that may be required 
 67.18  for a person charged with a misdemeanor or gross misdemeanor 
 67.19  offense is double the highest cash fine that may be imposed for 
 67.20  that offense. 
 67.21     Subd. 2.  [QUADRUPLE THE FINE.] (a) For offenses under 
 67.22  sections 169.09, ~~169.121, 169.129,~~ 169A.20, 171.24, paragraph 
 67.23  (c), 609.2231, subdivision 2, 609.487, and 609.525, the maximum 
 67.24  cash bail that may be required for a person charged with a 
 67.25  misdemeanor or gross misdemeanor violation is quadruple the 
 67.26  highest cash fine that may be imposed for the offense.  
 67.27     (b) Unless the court imposes the conditions of release 
 67.28  specified in section ~~169.121, subdivision 1c,~~ 169A.44, the court 
 67.29  must impose maximum bail when releasing a person from detention 
 67.30  who has been charged with violating section ~~169.121, subdivision~~ 
 67.31  ~~1,~~ 169A.20 if the person has three or more prior impaired 
 67.32  driving convictions within the previous ~~ten~~ 15 years ~~or four or~~ 
 67.33  ~~more prior impaired driving convictions in the person's~~ 
 67.34  ~~lifetime~~.  As used in this subdivision, "prior impaired driving 
 67.35  conviction" has the meaning given in section ~~169.121,~~ 
 67.36  ~~subdivision 3~~ 169A.03. 
 68.1      Subd. 3.  [SIX TIMES THE FINE.] For offenses under sections 
 68.2   518B.01, 609.224, and 609.2242, the maximum cash bail that may 
 68.3   be required for a person charged with a misdemeanor or gross 
 68.4   misdemeanor violation is six times the highest cash fine that 
 68.5   may be imposed for the offense. 
 68.6      Sec. 5.  [INSTRUCTION TO REVISOR.] 
 68.7      (a) In each section of Minnesota Statutes referred to in 
 68.8   column A, the revisor of statutes shall delete the reference in 
 68.9   column B and insert the reference in column C. 
 68.10  Column A           Column B                    Column C
 68.11  3.736, subd. 3     169.121, subd. 9            169A.48
 68.12  13.99, subd. 54a   169.126, subd. 2            169A.70
 68.13  65B.133, subd. 5   169.123                     169A.52
 68.14  65B.15, subd. 1    169.121, subd. 1,           169A.20
 68.15                      para. (a) 
 68.16  84.795, subd. 2    chapter 169                 chapters 169 and
 68.17                                                  169A
 68.18  84.795, subd. 5    169.121                     169A.20
 68.19  84.795, subd. 5    169.123                     169A.50 to 169A.53
 68.20  84.804, subd. 2    169.121 to 169.129          chapter 169A
 68.21  84.83, subd. 2     169.1217                    169A.63
 68.22  84.83, subd. 5     169.121                     169A.20
 68.23  84.83, subd. 5     169.01, subd. 86            169A.03, subd. 16
 68.24  84.87, subd. 1     chapter 169                 chapters 169 and
 68.25                                                  169A
 68.26  84.91, subd. 1     169.121 to 169.1218         chapter 169A
 68.27                      and 169.123 to
 68.28                      169.129
 68.29  84.91, subd. 1     169.123                     169A.50 to 169A.53
 68.30  84.91, subd. 1     169.121, subd. 3            169A.03
 68.31  84.91, subd. 1     169.123                     169A.53
 68.32  84.911, subd. 7    169.01, subd. 86            169A.03, subd. 16
 68.33  84.927, subd. 1    169.1217                    169A.63
 68.34  84.928, subd. 1a   chapter 169                 chapters 169 and
 68.35                                                  169A
 68.36  86B.305, subd. 1   169.121                     169A.20
 69.1   86B.305, subd. 2   169.121                     169A.20
 69.2   86B.331, subd. 1   169.121 to 169.1218         chapter 169A
 69.3                       and 169.123 to
 69.4                       169.129   
 69.5   86B.331, subd. 1   chapter 169                 chapter 169A
 69.6   86B.331, subd. 1   169.121                     169A.20
 69.7   86B.331, subd. 1   169.123                     169A.50 to 169A.53
 69.8   86B.331, subd. 1   169.121, subd. 3            169A.03
 69.9   86B.331, subd. 1   169.123                     169A.53
 69.10  86B.705, subd. 2   169.121                     169A.20
 69.11  86B.811, subd. 2   169.121                     169A.20
 69.12  89.71, subd. 4     chapter 169                 chapters 169 and
 69.13                                                  169A
 69.14  97A.065, subd. 2   169.121                     169A.20
 69.15  97A.065, subd. 2   169.01, subd. 86            169A.03, subd. 16
 69.16  97B.065, subd. 4   169.121, subd. 2            169A.45
 69.17  97B.066, subd. 5   169.123, subds. 2b,         169A.51
 69.18                      2c, and 3
 69.19  168.041, subd. 3   168.042                     169A.60
 69.20  168.041, subd. 8   168.042                     169A.60
 69.21  168.0422           168.042                     169A.60
 69.22  169.01, subd. 75   169.1211, 169.1215,         chapter 169A
 69.23                      and 169.123, subds. 2
 69.24                      and 4
 69.25  169.03, subd. 6    169.121 to 169.129          chapter 169A
 69.26  169.965, subd. 5   chapter 169                 chapters 169 and
 69.27                                                  169A
 69.28  171.04, subd. 1    169.121, 169.1218,          169A.20, 169A.33,
 69.29                     169.122, or 169.123          169A.35, or 
 69.30                                                  169A.50 to 
 69.31                                                  169A.53
 69.32  171.05, subd. 2b   169.121, 169.1218,          169A.20, 169A.33, 
 69.33                      169.122, or 169.123         169A.35, or
 69.34                                                  169A.50
 69.35                                                  to 169A.53
 69.36  171.055, subd. 1   169.121, 169.1218,          169A.20, 169A.33,
 70.1                       169.122, or 169.123         169A.35, or
 70.2                                                   169A.50 to
 70.3                                                   169A.53
 70.4   171.055, subd. 2   169.121, 169.1218,          169A.20, 169A.33,
 70.5                       169.122, or 169.123         169A.35, or
 70.6                                                   169A.50 to
 70.7                                                   169A.53
 70.8   171.06, subd. 2    169.121, 169.1218,          169A.20, 169A.33,
 70.9                       169.122, or 169.123         169A.35, or 
 70.10                                                  169A.50 to
 70.11                                                  169A.53
 70.12  171.12, subd. 2a   169.121, 169.1218           169A.20, 169A.33,
 70.13                      169.122, or 169.123         169A.35, or
 70.14                                                  169A.50
 70.15                                                  to 169A.53
 70.16  171.12, subd. 3    169.121, subd. 3            169A.03, subds. 20
 70.17                                                  and 21
 70.18  171.12, subd. 3    169.1211                    169A.31
 70.19  171.16, subd. 5    169.121                     169A.20
 70.20  171.165, subd. 1   169.121                     169A.20
 70.21  171.165, subd. 1   169.1211                    169A.31
 70.22  171.165, subd. 2   169.123                     169A.52
 70.23  171.166, subd. 1   169.121, 169.1211, or       169A.20, 169A.31,
 70.24                      169.123                     160A.50 to   
 70.25                                                  169A.53
 70.26  171.17, subd. 1    169.121                     169A.20
 70.27  171.18, subd. 1    169.1218, para. (a)         169A.33
 70.28  171.19             169.123                     169A.52
 70.29  171.29, subd. 1    169.123                     169A.52
 70.30  171.29, subd. 2    169.121 or 169.123          169A.52 or
 70.31                                                  169A.54
 70.32  171.29, subd. 3    169.121 or 169.123          169A.52 or
 70.33                                                  160A.54
 70.34  171.29, subd. 3    168.042                     169A.60
 70.35  171.30, subd. 1    169.121                     169A.52
 70.36  171.30, subd. 1    169.123                     169A.54
 71.1   171.30, subd. 2a   169.121                     169A.20
 71.2   171.30, subd. 2a   169.123                     169A.50 to
 71.3                                                   169A.53
 71.4   171.30, subd. 2c   169.121 or 169.123         169A.20 or
 71.5                                                  169A.50
 71.6                                                  to 169A.53
 71.7   171.30, subd. 3    169.121 or 169.123         169A.20 or
 71.8                                                  169A.50 to
 71.9                                                  169A.53
 71.10  171.3215, subd. 1  169.121, 169.129           169A.20
 71.11  171.3215, subd. 2  169.121                    169A.20
 71.12  171.3215, subd. 2  169.123                    169A.52
 71.13  171.3215, subd. 2  169.121, 169.123,          169A.20 or
 71.14                      169.129                    169A.50 to
 71.15                                                 169A.53
 71.16  171.3215, subd. 3  169.121, 169.129           169A.20
 71.17  171.3215, subd. 3  169.123                    169A.52
 71.18  260B.171, subd. 5  169.121 or 169.129         169A.20
 71.19  260B.225, subd. 1  169.121, 169.129           169A.20
 71.20  260B.225, subd. 9  169.121                    169A.20
 71.21  260B.225, subd. 9  169.126                    169A.70
 71.22  260B.225, subd. 9  169.126, subd. 4c          169A.284
 71.23  268.095, subd. 4   169.121, 169.1211,         169A.20, 169A.31,
 71.24                      or 169.123                 or 169.50A to
 71.25                                                 169A.53
 71.26  299C.10, subd. 1   169.121 (driving while     169A.20 (driving 
 71.27                      intoxicated)               while impaired)
 71.28  299F.831, subd. 1  169.121, subd. 1           169A.20
 71.29  357.021, subd. 1a  169.1217                   169A.63
 71.30  364.09             chapter 169                chapter 169
 71.31                                                 or 169A
 71.32  387.213            chapter 169                chapter 169A
 71.33  466.03, subd. 6a   169.121, subd. 9           169A.48
 71.34  466.03, subd. 14   169.121, subd. 9           169A.48
 71.35  604A.30, subd. 3   169.121 to 169.123,        chapter 169A
 71.36                      169.129
 72.1   609.131, subd. 2   169.121                    169A.20
 72.2   609.135, subd. 1   169.121                    169A.20
 72.3   609.135, subd. 2   169.121 or 169.129         169A.20
 72.4   609.135, subd. 2   169.121                    169A.20
 72.5   609.487, subd. 2a  169.01, subd. 86           169A.03, subd. 16
 72.6   609.487, subd. 2a  169.01, subd. 87           169A.03, subd. 13
 72.7   611A.52, subd. 6   169.121                    169A.20
 72.8   631.40, subd. 1a   169.121 or 169.129         169A.20
 72.9   634.15, subd. 1    169.123                    169A.53
 72.10  634.15, subd. 1    169.123, subd. 3           169A.51, subd. 7
 72.11  634.15, subd. 2    169.123                    169A.53
 72.12  634.16             169.01, subd. 68           169A.03, subd. 11
 72.13  634.30             169.123                    169A.53
 72.14     (b) The revisor shall publish the statutory derivations of 
 72.15  the laws that are repealed and recodified in this act in Laws of 
 72.16  Minnesota. 
 72.17     (c) The revisor shall correct cross-references in Minnesota 
 72.18  Statutes and Minnesota Rules to sections that are repealed and 
 72.19  recodified by this act, as necessary, and if Minnesota Statutes, 
 72.20  chapter 169, is further amended in the 2000 legislative session, 
 72.21  shall codify the amendments in a manner consistent with this act.
 72.22     Sec. 6.  [REPEALER.] 
 72.23     Minnesota Statutes 1998, sections 168.042; 169.01, 
 72.24  subdivisions 61, 68, 82, 83, 86, 87, 88, and 89; 169.121, 
 72.25  subdivisions 1, 1a, 1b, 1d, 2, 3b, 3c, 5, 5a, 5b, 6, 7, 8, 9, 
 72.26  10, 10a, 11, and 12; 169.1211; 169.1215; 169.1216; 169.1217, 
 72.27  subdivisions 2, 3, 4, 5, 6, and 8; 169.1218; 169.1219; 169.122, 
 72.28  subdivisions 1, 2, 3, and 4; 169.123, subdivisions 2, 2a, 2b, 
 72.29  2c, 3, 4, 5, 5a, 5b, 6, 7, 8, and 10; 169.124; 169.125; 169.126; 
 72.30  169.1261; 169.1265; 169.128; and 169.129, subdivision 3; and 
 72.31  Minnesota Statutes 1999 Supplement, sections 169.121, 
 72.32  subdivisions 1c, 3, 3f, 3d, and 4; 169.1217, subdivisions 1, 7, 
 72.33  7a, and 9; 169.122, subdivision 5; 169.123, subdivisions 1 and 
 72.34  5c; and 169.129, subdivision 1, are repealed. 
 72.35     Sec. 7.  [EFFECTIVE DATE.] 
 72.36     This act is effective January 1, 2001, for crimes committed 
 73.1   and conduct occurring on or after that date.  However, 
 73.2   violations occurring before January 1, 2001, which are listed in 
 73.3   Minnesota Statutes, section 169A.03, subdivisions 20 and 21, are 
 73.4   considered qualified prior impaired driving incidents for all 
 73.5   purposes under this act.