HF 3106

1st Unofficial Engrossment - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:27pm

1.1A bill for an act

1.2relating to public safety; modifying implied consent, driving while impaired,
1.3and ignition interlock provisions;amending Minnesota Statutes 2008, sections
1.4169A.52, subdivisions 3, 4; 169A.54, subdivisions 2, 5; 169A.55, by adding a
1.5subdivision; 169A.60, subdivision 1; 169A.63, by adding a subdivision; 171.09;
1.6171.30, subdivisions 1, 2a, 4; 171.306, as amended; 609.131, subdivision
1.72; Minnesota Statutes 2009 Supplement, sections 169A.275, subdivision 7;
1.8169A.54, subdivision 1; repealing Minnesota Statutes 2008, sections 169A.54,
1.9subdivision 11; 169A.55, subdivision 1; 171.30, subdivision 2c; 171.305,
1.10subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10, 11.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12    Section 1. Minnesota Statutes 2009 Supplement, section 169A.275, subdivision 7,
1.13is amended to read:
1.14    Subd. 7. Exception. (a) A judge is not required to sentence a person as provided in
1.15this section subdivisions 1 to 4 if the judge requires the person as a condition of probation
1.16to drive only motor vehicles equipped with an ignition interlock device meeting the
1.17standards described in section 171.306.
1.18    (b) This subdivision expires July 1, 2011.
1.19EFFECTIVE DATE.This section is effective July 1, 2011.

1.20    Sec. 2. Minnesota Statutes 2008, section 169A.52, subdivision 3, is amended to read:
1.21    Subd. 3. Test refusal; license revocation. (a) Upon certification by the peace
1.22officer that there existed probable cause to believe the person had been driving, operating,
1.23or in physical control of a motor vehicle in violation of section 169A.20 (driving while
1.24impaired), and that the person refused to submit to a test, the commissioner shall revoke
1.25the person's license or permit to drive, or nonresident operating privilege, for a period of
2.1one year even if a test was obtained pursuant to this section after the person refused to
2.2submit to testing. The commissioner shall revoke the license, permit, or nonresident
2.3operating privilege:
2.4(1) for a person with no qualified prior impaired driving incidents within the past ten
2.5years, for a period of one year;
2.6(2) for a person under the age of 21 years and with no qualified prior impaired
2.7driving incidents within the past ten years, for a period of one year;
2.8(3) for a person with one qualified prior impaired driving incident within the past
2.9ten years, or two qualified prior impaired driving incidents, for a period of not less than
2.10two years;
2.11(4) for a person with two qualified prior impaired driving incidents within the past
2.12ten years, or three qualified prior impaired driving incidents, for a period of not less than
2.13three years;
2.14(5) for a person with three qualified prior impaired driving incidents within the past
2.15ten years, for a period of not less than four years; or
2.16(6) for a person with four or more qualified prior impaired driving incidents, for a
2.17period of not less than six years.
2.18(b) Upon certification by the peace officer that there existed probable cause to
2.19believe the person had been driving, operating, or in physical control of a commercial
2.20motor vehicle with the presence of any alcohol in violation of section 169A.20 (driving
2.21while impaired), and that the person refused to submit to a test, the commissioner shall
2.22disqualify the person from operating a commercial motor vehicle and shall revoke the
2.23person's license or permit to drive or nonresident operating privilege according to the
2.24federal regulations adopted by reference in section 171.165, subdivision 2.
2.25EFFECTIVE DATE.This section is effective July 1, 2011.

2.26    Sec. 3. Minnesota Statutes 2008, section 169A.52, subdivision 4, is amended to read:
2.27    Subd. 4. Test failure; license revocation. (a) Upon certification by the peace
2.28officer that there existed probable cause to believe the person had been driving, operating,
2.29or in physical control of a motor vehicle in violation of section 169A.20 (driving
2.30while impaired) and that the person submitted to a test and the test results indicate an
2.31alcohol concentration of 0.08 or more or the presence of a controlled substance listed in
2.32schedule I or II or its metabolite, other than marijuana or tetrahydrocannabinols, then
2.33the commissioner shall revoke the person's license or permit to drive, or nonresident
2.34operating privilege:
3.1(1) for a period of 90 days, or, if the test results indicate an alcohol concentration
3.2of 0.15 or more, not less than one year;
3.3(2) if the person is under the age of 21 years, for a period of six months or, if the test
3.4results indicate an alcohol concentration of 0.15 or more, not less than one year;
3.5(3) for a person with a one qualified prior impaired driving incident within the past
3.6ten years, or two qualified prior impaired driving incidents, for a period of 180 days
3.7not less than two years; or
3.8(4) if the test results indicate an alcohol concentration of 0.20 or more, for twice
3.9the applicable period in clauses (1) to (3). for a person with two qualified prior impaired
3.10driving incidents within the past ten years, or three qualified prior impaired driving
3.11incidents, for a period of not less than three years;
3.12(5) for a person with three qualified prior impaired driving incidents within the past
3.13ten years, for a period of not less than four years; or
3.14(6) for a person with four or more qualified prior impaired driving incidents, for a
3.15period of not less than six years.
3.16(b) On certification by the peace officer that there existed probable cause to believe
3.17the person had been driving, operating, or in physical control of a commercial motor
3.18vehicle with any presence of alcohol and that the person submitted to a test and the
3.19test results indicated an alcohol concentration of 0.04 or more, the commissioner shall
3.20disqualify the person from operating a commercial motor vehicle under section 171.165
3.21(commercial driver's license disqualification).
3.22(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau
3.23of Criminal Apprehension, or authorized by the bureau to conduct the analysis of a blood
3.24or urine sample, the laboratory may directly certify to the commissioner the test results,
3.25and the peace officer shall certify to the commissioner that there existed probable cause to
3.26believe the person had been driving, operating, or in physical control of a motor vehicle
3.27in violation of section 169A.20 and that the person submitted to a test. Upon receipt
3.28of both certifications, the commissioner shall undertake the license actions described
3.29in paragraphs (a) and (b).
3.30EFFECTIVE DATE.This section is effective July 1, 2011.

3.31    Sec. 4. Minnesota Statutes 2009 Supplement, section 169A.54, subdivision 1, is
3.32amended to read:
3.33    Subdivision 1. Revocation periods for DWI convictions. Except as provided in
3.34subdivision 7, the commissioner shall revoke the driver's license of a person convicted
4.1of violating section 169A.20 (driving while impaired) or an ordinance in conformity
4.2with it, as follows:
4.3    (1) for an offense under section 169A.20, subdivision 1 (driving while impaired
4.4crime):, not less than 30 days;
4.5    (2) for an offense under section 169A.20, subdivision 2 (refusal to submit to
4.6chemical test crime):, not less than 90 days;
4.7    (3) for an offense occurring within ten years of a qualified prior impaired driving
4.8incident:, or occurring after two qualified prior impaired driving incidents,
4.9    (i) if the current conviction is for a violation of section 169A.20, subdivision 1, 1a,
4.101b, or 1c, not less than 180 days two years and until the court has certified that treatment
4.11or rehabilitation has been successfully completed where prescribed in accordance with
4.12section 169A.70 (chemical use assessments); or
4.13    (ii) if the current conviction is for a violation of section 169A.20, subdivision 2, not
4.14less than one year and until the court has certified that treatment or rehabilitation has been
4.15successfully completed where prescribed in accordance with section 169A.70;
4.16    (4) for an offense occurring within ten years of the first of two qualified prior
4.17impaired driving incidents: or occurring after three qualified prior impaired driving
4.18incidents, not less than one year three years, together with denial under section 171.04,
4.19subdivision 1 , clause (10), until rehabilitation is established in accordance with according
4.20to standards established by the commissioner; or
4.21    (5) for an offense occurring within ten years of the first of three or more qualified
4.22prior impaired driving incidents:, not less than two four years, together with denial under
4.23section 171.04, subdivision 1, clause (10), until rehabilitation is established in accordance
4.24with according to standards established by the commissioner; or
4.25(6) for an offense occurring after four or more qualified prior impaired driving
4.26incidents, not less than six years, together with denial under section 171.04, subdivision
4.271, clause (10), until rehabilitation is established according to standards established by
4.28the commissioner.
4.29EFFECTIVE DATE.This section is effective July 1, 2011.

4.30    Sec. 5. Minnesota Statutes 2008, section 169A.54, subdivision 2, is amended to read:
4.31    Subd. 2. Driving while impaired by person under age 21. If the person convicted
4.32of violating section 169A.20 (driving while impaired) is under the age of 21 years at
4.33the time of the violation, the commissioner shall revoke the offender's driver's license
4.34or operating privileges for a period of six months or for the appropriate period of time
5.1under subdivision 1, clauses (1) to (5) (6), for the offense committed, whichever is the
5.2greatest longer period.
5.3EFFECTIVE DATE.This section is effective July 1, 2011.

5.4    Sec. 6. Minnesota Statutes 2008, section 169A.54, subdivision 5, is amended to read:
5.5    Subd. 5. Violations involving alcohol concentration of 0.20 0.15 or more. If the
5.6person has no qualified prior impaired driving incidents within the past ten years and is
5.7convicted of violating section 169A.20 (driving while impaired) while having an alcohol
5.8concentration of 0.20 0.15 or more as measured at the time, or within two hours of the
5.9time, of the offense, the commissioner shall revoke the person's driver's license for twice
5.10the period of time otherwise provided for in this section not less than one year.
5.11EFFECTIVE DATE.This section is effective July 1, 2011.

5.12    Sec. 7. Minnesota Statutes 2008, section 169A.55, is amended by adding a subdivision
5.13to read:
5.14    Subd. 4. Reinstatement of driving privileges; multiple incidents. (a) A person
5.15whose driver's license has been canceled or denied as a result of three or more qualified
5.16impaired driving incidents shall not be eligible for reinstatement of driving privileges
5.17without an ignition interlock restriction until the person:
5.18(1) has completed rehabilitation according to rules adopted by the commissioner or
5.19been granted a variance from the rules by the commissioner; and
5.20(2) has submitted verification of abstinence from alcohol and controlled substances,
5.21as evidenced by the person's use of an ignition interlock device or other chemical
5.22monitoring device approved by the commissioner.
5.23(b) The verification of abstinence must show that the person has abstained from the
5.24use of alcohol and controlled substances for a period of not less than:
5.25(1) three years, for a person whose driver's license was canceled or denied for an
5.26offense occurring within ten years of the first of two qualified prior impaired driving
5.27incidents, or occurring after three qualified prior impaired driving incidents;
5.28(2) four years, for a person whose driver's license was canceled or denied for an
5.29offense occurring within ten years of the first of three qualified prior impaired driving
5.30incidents; or
5.31(3) six years, for a person whose driver's license was canceled or denied for an
5.32offense occurring after four or more qualified prior impaired driving incidents.
6.1(c) The commissioner shall establish performance standards and a process for
6.2certifying chemical monitoring devices. The standards and procedures are not rules and
6.3are exempt from chapter 14, including section 14.386.
6.4EFFECTIVE DATE.This section is effective July 1, 2011.

6.5    Sec. 8. Minnesota Statutes 2008, section 169A.60, subdivision 1, is amended to read:
6.6    Subdivision 1. Definitions. (a) As used in this section, the following terms have the
6.7meanings given in this subdivision.
6.8(b) "Family or household member" has the meaning given in section 169A.63,
6.9subdivision 1 .
6.10(c) "Motor vehicle" means a self-propelled motor vehicle other than a motorboat in
6.11operation or an off-road recreational vehicle.
6.12(d) "Plate impoundment violation" includes:
6.13(1) a violation of section 169A.20 (driving while impaired) or 169A.52 (license
6.14revocation for test failure or refusal), or a conforming an ordinance from this state or a
6.15conforming statute or ordinance from another state in conformity with either of those
6.16sections, that results in the revocation of a person's driver's license or driving privileges,
6.17within ten years of a qualified prior impaired driving incident;
6.18(2) a license disqualification under section 171.165 (commercial driver's license
6.19disqualification) resulting from a violation of section 169A.52 within ten years of a
6.20qualified prior impaired driving incident;
6.21(3) a violation of section 169A.20 or 169A.52 while having an alcohol concentration
6.22of 0.20 0.15 or more as measured at the time, or within two hours of the time, of the
6.23offense;
6.24(4) a violation of section 169A.20 or 169A.52 while having a child under the age of
6.2516 in the vehicle if the child is more than 36 months younger than the offender; and or
6.26(5) a violation of section 171.24 (driving without valid license) by a person whose
6.27driver's license or driving privileges have been canceled or denied under section 171.04,
6.28subdivision 1 , clause (10) (persons not eligible for driver's license, inimical to public
6.29safety).
6.30(e) "Violator" means a person who was driving, operating, or in physical control of
6.31the motor vehicle when the plate impoundment violation occurred.
6.32EFFECTIVE DATE.This section is effective July 1, 2011.

7.1    Sec. 9. Minnesota Statutes 2008, section 169A.63, is amended by adding a subdivision
7.2to read:
7.3    Subd. 12. Exception. This section does not apply if the driver who committed the
7.4designated offense or whose conduct resulted in the designated license revocation becomes
7.5a program participant in the ignition interlock program under section 171.306 within 60
7.6days following service of the Notice of Seizure and Intent to Forfeit under this section.
7.7EFFECTIVE DATE.This section is effective July 1, 2011.

7.8    Sec. 10. Minnesota Statutes 2008, section 171.09, is amended to read:
7.9171.09 DRIVING RESTRICTIONS; AUTHORITY, VIOLATIONS.
7.10    Subdivision 1. Authority; violations. (a) The commissioner, when good cause
7.11appears, may impose restrictions suitable to the licensee's driving ability or other
7.12restrictions applicable to the licensee as the commissioner may determine to be appropriate
7.13to assure the safe operation of a motor vehicle by the licensee.
7.14(b) Pursuant to Code of Federal Regulations, title 49, section 383.95, if an applicant
7.15for a commercial driver's license either does not successfully complete the air brake
7.16component of the knowledge test, or does not successfully complete the skills test
7.17in a vehicle equipped with air brakes as such tests are prescribed in Code of Federal
7.18Regulations, title 49, part 384, the department shall indicate on the class C, class B,
7.19or class A commercial driver's license, if issued, that the individual is restricted from
7.20operating a commercial motor vehicle equipped with air brakes.
7.21(c) Upon receiving satisfactory evidence of any violation of the restrictions on the
7.22license, the commissioner may suspend or revoke the license. A license suspension under
7.23this section is subject to section 171.18, subdivisions 2 and 3.
7.24(d) A person who drives, operates, or is in physical control of a motor vehicle while
7.25in violation of the restrictions imposed in a restricted driver's license issued to that person
7.26under this section is guilty of a crime as follows:
7.27(1) if the restriction relates to the possession or consumption of alcohol or controlled
7.28substances, the person is guilty of a gross misdemeanor; or
7.29(2) if the restriction relates to another matter, the person is guilty of a misdemeanor.
7.30(e) It is a misdemeanor for a person who holds a restricted license issued under
7.31section 171.306 to drive, operate, or be in physical control of any motor vehicle that is not
7.32equipped with a functioning ignition interlock device certified by the commissioner.
7.33EFFECTIVE DATE.This section is effective July 1, 2011.

8.1    Sec. 11. Minnesota Statutes 2008, section 171.30, subdivision 1, is amended to read:
8.2    Subdivision 1. Conditions of issuance. (a) In any case where a person's license
8.3has been suspended under section 171.18, 171.173, or 171.186, or; revoked under section
8.4169.792 ,; 169.797,; 169A.52, 169A.54, subdivision 3, paragraph (a), clause (1), (2), (4),
8.5(5), or (6), or subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an
8.6alcohol concentration of less than 0.15, (4), (5), or (6); 171.17,; or 171.172,; or revoked,
8.7canceled, or denied under section 169A.54, subdivision 1, clause (1), (2), (4), (5), or (6),
8.8or subdivision 2 if the person does not have a qualified prior impaired driving incident as
8.9defined in section 169A.03, subdivision 22, on the person's record, the commissioner may
8.10issue a limited license to the driver including under the following conditions:
8.11(1) if the driver's livelihood or attendance at a chemical dependency treatment or
8.12counseling program depends upon the use of the driver's license;
8.13(2) if the use of a driver's license by a homemaker is necessary to prevent the
8.14substantial disruption of the education, medical, or nutritional needs of the family of
8.15the homemaker; or
8.16(3) if attendance at a postsecondary institution of education by an enrolled student of
8.17that institution depends upon the use of the driver's license.
8.18(b) The commissioner in issuing a limited license may impose such conditions and
8.19limitations as in the commissioner's judgment are necessary to the interests of the public
8.20safety and welfare including reexamination as to the driver's qualifications. The license
8.21may be limited to the operation of particular vehicles, to particular classes and times of
8.22operation, and to particular conditions of traffic. The commissioner may require that an
8.23applicant for a limited license affirmatively demonstrate that use of public transportation
8.24or carpooling as an alternative to a limited license would be a significant hardship.
8.25(c) For purposes of this subdivision, "homemaker" refers to the person primarily
8.26performing the domestic tasks in a household of residents consisting of at least the person
8.27and the person's dependent child or other dependents.
8.28(d) The limited license issued by the commissioner shall clearly indicate the
8.29limitations imposed and the driver operating under the limited license shall have the
8.30license in possession at all times when operating as a driver.
8.31(e) In determining whether to issue a limited license, the commissioner shall
8.32consider the number and the seriousness of prior convictions and the entire driving record
8.33of the driver and shall consider the number of miles driven by the driver annually.
8.34(f) If the person's driver's license or permit to drive has been revoked under
8.35section 169.792 or 169.797, the commissioner may only issue a limited license to the
8.36person after the person has presented an insurance identification card, policy, or written
9.1statement indicating that the driver or owner has insurance coverage satisfactory to
9.2the commissioner of public safety. The commissioner of public safety may require
9.3the insurance identification card provided to satisfy this subdivision be certified by the
9.4insurance company to be noncancelable for a period not to exceed 12 months.
9.5(g) The limited license issued by the commissioner to a person under section
9.6171.186, subdivision 4 , must expire 90 days after the date it is issued. The commissioner
9.7must not issue a limited license to a person who previously has been issued a limited
9.8license under section 171.186, subdivision 4.
9.9(h) The commissioner shall not issue a limited driver's license to any person
9.10described in section 171.04, subdivision 1, clause (6), (7), (8), (10), (11), or (14).
9.11(i) The commissioner shall not issue a class A, class B, or class C limited license.
9.12EFFECTIVE DATE.This section is effective July 1, 2011.

9.13    Sec. 12. Minnesota Statutes 2008, section 171.30, subdivision 2a, is amended to read:
9.14    Subd. 2a. Other waiting periods. Notwithstanding subdivision 2, a limited license
9.15shall not be issued for a period of:
9.16(1) 15 days, to a person whose license or privilege has been revoked or suspended
9.17for a violation of section 169A.20, sections 169A.50 to 169A.53, or a statute or ordinance
9.18from another state in conformity with either of those sections; or
9.19(2) 90 days, to a person who submitted to testing under sections 169A.50 to 169A.53
9.20if the person's license or privilege has been revoked or suspended for a second violation
9.21within ten years or a third or subsequent violation of section 169A.20, sections 169A.50
9.22to 169A.53, or a statute or ordinance from another state in conformity with either of
9.23those sections;
9.24(3) 180 days, to a person who refused testing under sections 169A.50 to 169A.53
9.25if the person's license or privilege has been revoked or suspended for a second violation
9.26within ten years or a third or subsequent violation of sections 169A.20, 169A.50 to
9.27169A.53, or a statute or ordinance from another state in conformity with either of those
9.28sections; or
9.29(4) (2) one year, to a person whose license or privilege has been revoked or
9.30suspended for committing manslaughter resulting from the operation of a motor vehicle,
9.31committing criminal vehicular homicide or injury under section 609.21, or violating a
9.32statute or ordinance from another state in conformity with either of those offenses.
9.33EFFECTIVE DATE.This section is effective July 1, 2011.

10.1    Sec. 13. Minnesota Statutes 2008, section 171.30, subdivision 4, is amended to read:
10.2    Subd. 4. Penalty. A person who violates a condition or limitation of a limited
10.3license issued under subdivision 1 or fails to have the license in immediate possession at
10.4all times when operating a motor vehicle is guilty of a misdemeanor. In addition, except as
10.5otherwise provided in the ignition interlock program under section 171.306, a person who
10.6violates a condition or limitation of a limited license may not operate a motor vehicle for
10.7the remainder of the period of suspension or revocation, or 30 days, whichever is longer.
10.8EFFECTIVE DATE.This section is effective July 1, 2011.

10.9    Sec. 14. Minnesota Statutes 2008, section 171.306, as amended by Laws 2009, chapter
10.1029, sections 2 and 3, is amended to read:
10.11171.306 IGNITION INTERLOCK DEVICE PILOT PROJECT PROGRAM.
10.12    Subdivision 1. Pilot project established; reports Definitions. The commissioner
10.13shall conduct a statewide two-year ignition interlock device pilot project as provided
10.14in this section. The pilot project must begin on July 1, 2009, and continue until June
10.1530, 2011. The commissioner shall submit a preliminary report by September 30, 2010,
10.16and a final report by September 30, 2011, to the chairs and ranking minority members
10.17of the senate and house of representatives committees having jurisdiction over criminal
10.18justice policy and funding. The reports must evaluate the successes and failures of the
10.19pilot project, provide information on participation rates, and make recommendations on
10.20continuing the project. (a) As used in this section, the terms in this subdivision have
10.21the meanings given them.
10.22(b) "Ignition interlock device" or "device" means equipment that is designed to
10.23measure breath alcohol concentration and to prevent a motor vehicle's ignition from being
10.24started by a person whose breath alcohol concentration measures 0.02 or higher on the
10.25equipment.
10.26(c) "Program participant" means a person whose driver's license has been revoked,
10.27canceled, or denied under section 169A.52 or 169A.54, and who has qualified to take part
10.28in the ignition interlock program under this section.
10.29(d) "Qualified prior impaired driving incident" has the meaning given in section
10.30169A.03, subdivision 22.
10.31    Subd. 2. Performance standards; certification; manufacturer requirements.
10.32    The commissioner shall determine appropriate establish performance standards and a
10.33certification process for ignition interlock certifying devices for used in the pilot project.
10.34Only devices certified by the commissioner as meeting the performance standards may be
11.1used in the pilot project. ignition interlock program. The manufacturer of a device must
11.2apply annually for certification of the device by submitting the form prescribed by the
11.3commissioner. The commissioner shall require manufacturers of certified devices to:
11.4(1) provide device installation, servicing, and monitoring to indigent program
11.5participants at a discounted rate, according to the standards established by the
11.6commissioner; and
11.7(2) include in an ignition interlock device contract a provision that if a program
11.8participant does not pay for servicing and monitoring costs incurred during the time the
11.9device is installed on the motor vehicle, the manufacturer may require that the device
11.10be removed from the motor vehicle but may not recover from the program participant,
11.11through a civil judgment or otherwise, any servicing or monitoring costs.
11.12    Subd. 3. Pilot project components Program requirements. (a) Under the pilot
11.13project, the commissioner shall issue a driver's license to an individual whose driver's
11.14license has been revoked under chapter 169A for an impaired driving incident if the
11.15person qualifies under this section and agrees to all of the conditions of the project. The
11.16commissioner shall establish guidelines for participation in the ignition interlock program.
11.17A person who seeks to participate in the program shall sign a written acknowledgment that
11.18the person has received, reviewed, and agreed to abide by the program guidelines.
11.19    (b) The commissioner must denote the person's driver's license enter a notation
11.20on a person's driving record to indicate that the person's participation in the person is a
11.21program participant. The license must authorize the person to drive only vehicles having
11.22functioning ignition interlock devices conforming with the requirements of subdivision 2.
11.23    (c) Notwithstanding any statute or rule to the contrary, the commissioner has
11.24authority to and shall determine the appropriate period for which a person participating
11.25in the ignition interlock pilot program shall be subject to this program, and when the
11.26person is eligible to be issued: A person under the age of 18 years is not eligible to be a
11.27program participant.
11.28    (1) a limited driver's license subject to the ignition interlock restriction;
11.29    (2) full driving privileges subject to the ignition interlock restriction; and
11.30    (3) a driver's license without an ignition interlock restriction.
11.31    (d) A program participant shall pay costs associated with an ignition interlock device
11.32on every motor vehicle that the participant operates or intends to operate.
11.33(e) A person participating in this pilot project program participant shall agree to
11.34participate in any treatment recommended by in a chemical use assessment report.
12.1    (e) The commissioner shall determine guidelines for participation in the project.
12.2A person participating in the project shall sign a written agreement accepting these
12.3guidelines and agreeing to comply with them.
12.4    (f) It is a misdemeanor for a person who is licensed under this section for driving
12.5a vehicle equipped with an ignition interlock device to drive, operate, or be in physical
12.6control of a motor vehicle other than a vehicle properly equipped with an A program
12.7participant shall bring the device-equipped motor vehicle or vehicles operated by the
12.8program participant to an approved service provider for device calibration and servicing
12.9according to the schedule established by the commissioner and as indicated by the ignition
12.10interlock device.
12.11    Subd. 4. Issuance of restricted license. (a) The commissioner shall issue a class
12.12D driver's license, subject to the applicable limitations and restrictions of this section,
12.13to a program participant who meets the requirements of this section and the program
12.14guidelines. The commissioner shall not issue a license unless the program participant has
12.15provided satisfactory proof that a certified ignition interlock device has been installed on
12.16the participant's motor vehicle at an installation service center designated by the device's
12.17manufacturer. A license issued under authority of this section must contain a restriction
12.18prohibiting the program participant from driving, operating, or being in physical control of
12.19any motor vehicle not equipped with a functioning ignition interlock device certified by
12.20the commissioner. A participant may drive an employer-owned vehicle not equipped with
12.21an interlock device while in the normal course and scope of employment duties pursuant
12.22to the program guidelines established by the commissioner and with the employer's
12.23written consent.
12.24(b) A program participant whose driver's license has been revoked under section
12.25169A.52, subdivision 3, paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph
12.26(a), clause (1), (2), or (3), or section 169A.54, subdivision 1, clause (1), (2), or (3), may
12.27apply for conditional reinstatement of the driver's license, subject to the ignition interlock
12.28restriction.
12.29(c) A program participant whose driver's license has been revoked, canceled, or
12.30denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or
12.31subdivision 4, paragraph (a), clause (4), (5), or (6), or section 169A.54, subdivision 1,
12.32clause (4), (5), or (6), may apply for a limited license, subject to the ignition interlock
12.33restriction, if the program participant is enrolled in a licensed chemical dependency
12.34treatment or rehabilitation program as recommended in a chemical use assessment,
12.35and if the participant meets the other applicable requirements of section 171.30. After
12.36completing a licensed chemical dependency treatment or rehabilitation program and
13.1one year of limited license use without violating the ignition interlock restriction, the
13.2conditions of limited license use, or program guidelines, the participant may apply
13.3for conditional reinstatement of the driver's license, subject to the ignition interlock
13.4restriction. If the program participant's ignition interlock device subsequently registers
13.5a positive breath alcohol concentration of 0.02 or higher, the commissioner shall cancel
13.6the driver's license, and the program participant may apply for another limited license
13.7according to this paragraph.
13.8(d) Notwithstanding any statute or rule to the contrary, the commissioner has
13.9authority to determine when a program participant is eligible for restoration of full driving
13.10privileges, except that the commissioner shall not reinstate full driving privileges until the
13.11program participant has met all applicable prerequisites for reinstatement under section
13.12169A.55 and until the program participant's device has registered no positive breath
13.13alcohol concentrations of 0.02 or higher during the preceding 90 days.
13.14    Subd. 5. Penalties; program violations. (a) If a program participant tampers
13.15with, circumvents, or bypasses a device; drives, operates, or exercises physical control
13.16over a motor vehicle not equipped with a device certified by the commissioner; violates a
13.17condition of a limited license issued under subdivision 4 and section 171.30; or violates
13.18the program guidelines of subdivision 2, the commissioner shall extend the person's
13.19revocation period under section 169A.52 or 169A.54 by:
13.20(1) 180 days for a first violation;
13.21(2) one year for a second violation; or
13.22(3) 545 days for a third and each subsequent violation.
13.23(b) Notwithstanding paragraph (a), the commissioner may terminate participation
13.24in the program by any person when, in the commissioner's judgment, termination is
13.25necessary to the interests of public safety and welfare. In the event of termination, the
13.26commissioner shall not reduce the applicable revocation period under section 169A.52 or
13.27169A.54 by the amount of time during which the person possessed a limited or restricted
13.28driver's license issued under the authority of subdivision 4.
13.29    Subd. 6. Penalties; tampering. (a) A person who knowingly lends, rents, or
13.30leases a motor vehicle that is not equipped with a functioning ignition interlock device
13.31certified by the commissioner to a person with a license issued under this section is guilty
13.32of a misdemeanor.
13.33(b) A person who tampers with, circumvents, or bypasses the ignition interlock
13.34device, or assists another to tamper with, circumvent, or bypass the device, is guilty of a
13.35misdemeanor except when the action was taken for emergency purposes or for mechanical
14.1repair, and the person limited to the use of an ignition interlock device does not operate
14.2the motor vehicle while the device is disengaged.
14.3    Subd. 7. Venue. In addition to the provisions of Rule 24 of the Rules of Criminal
14.4Procedure and section 627.01, a violation of subdivision 6 or section 171.09, subdivision
14.51, paragraph (e), may be prosecuted in:
14.6(1) the county in which the vehicle involved in the offense is found;
14.7(2) the county in which the accused resides;
14.8(3) any county through which the vehicle traveled in the course of the trip during or
14.9after which the offense was committed; or
14.10(4) the county in which the impaired driving incident occurred, which resulted in the
14.11accused being issued a driver's license with an ignition interlock restriction.
14.12    Subd. 8. Rulemaking. In establishing the performance standards and certification
14.13process of subdivision 1 and the program guidelines of subdivision 2, the commissioner
14.14is exempt from chapter 14, including section 14.386. If rules are otherwise necessary to
14.15implement this section, the commissioner may adopt, amend, and repeal rules using the
14.16exempt procedures of section 14.386, except that paragraph (b) shall not apply.
14.17EFFECTIVE DATE.Subdivisions 1 to 7 are effective July 1, 2011. Subdivision 8
14.18is effective August 1, 2010.

14.19    Sec. 15. Minnesota Statutes 2008, section 609.131, subdivision 2, is amended to read:
14.20    Subd. 2. Certain violations excepted. Subdivision 1 does not apply to a
14.21misdemeanor violation of section 169A.20; 171.09, subdivision 1, paragraph (e); 171.306,
14.22subdivision 6; 609.224; 609.2242; 609.226; 609.324, subdivision 3; 609.52; or 617.23,
14.23or an ordinance that conforms in substantial part to any of those sections. A violation
14.24described in this subdivision must be treated as a misdemeanor unless the defendant
14.25consents to the certification of the violation as a petty misdemeanor.
14.26EFFECTIVE DATE.This section is effective July 1, 2011.

14.27    Sec. 16. RULEMAKING.
14.28The commissioner may adopt, amend, or repeal rules as needed to administer
14.29Minnesota Statutes, section 169A.55, subdivision 4, using the exempt procedures of
14.30Minnesota Statutes, section 14.386, except that paragraph (b) shall not apply.
14.31EFFECTIVE DATE.This section is effective August 1, 2010.

14.32    Sec. 17. REPEALER.
15.1Minnesota Statutes 2008, sections 169A.54, subdivision 11; 169A.55, subdivision
15.21; 171.30, subdivision 2c; and 171.305, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10, and 11, are
15.3repealed effective July 1, 2011.