2006 Minnesota Statutes

169A.28 CONSECUTIVE SENTENCES.
    Subdivision 1. Mandatory consecutive sentences. (a) The court shall impose consecutive
sentences when it sentences a person for:
(1) violations of section 169A.20 (driving while impaired) arising out of separate courses
of conduct;
(2) a violation of section 169A.20 when the person, at the time of sentencing, is on probation
for, or serving, an executed sentence for a violation of section 169A.20 or Minnesota Statutes
1998, section 169.121 (driver under the influence of alcohol or controlled substance) or 169.129
(aggravated DWI-related violations; penalty), and the prior sentence involved a separate course
of conduct; or
(3) a violation of section 169A.20 and another offense arising out of a single course of
conduct that is listed in subdivision 2, paragraph (e), when the person has five or more qualified
prior impaired driving incidents within the past ten years.
(b) The requirement for consecutive sentencing in paragraph (a) does not apply if the person
is being sentenced to an executed prison term for a violation of section 169A.20 (driving while
impaired) under circumstances described in section 169A.24 (first-degree driving while impaired).
    Subd. 2. Permissive consecutive sentences; multiple offenses. (a) When a person is being
sentenced for a violation of a provision listed in paragraph (e), the court may sentence the person
to a consecutive term of imprisonment for a violation of any other provision listed in paragraph
(e), notwithstanding the fact that the offenses arose out of the same course of conduct, subject to
the limitation on consecutive sentences contained in section 609.15, subdivision 2, and except as
provided in paragraphs (b) and (c).
(b) When a person is being sentenced for a violation of section 171.09 (violation of
condition of restricted license), 171.20 (operation after revocation, suspension, cancellation, or
disqualification), 171.24 (driving without valid license), or 171.30 (violation of condition of
limited license), the court may not impose a consecutive sentence for another violation of a
provision in chapter 171 (drivers' licenses and training schools).
(c) When a person is being sentenced for a violation of section 169.791 (failure to provide
proof of insurance) or 169.797 (failure to provide vehicle insurance), the court may not impose a
consecutive sentence for another violation of a provision of sections 169.79 to 169.7995.
(d) This subdivision does not limit the authority of the court to impose consecutive sentences
for crimes arising on different dates or to impose a consecutive sentence when a person is being
sentenced for a crime and is also in violation of the conditions of a stayed or otherwise deferred
sentence under section 609.135 (stay of imposition or execution of sentence).
(e) This subdivision applies to misdemeanor and gross misdemeanor violations of the
following if the offender has two or more prior impaired driving convictions within the past
ten years:
(1) section 169A.20, subdivision 1 (driving while impaired; impaired driving offenses);
(2) section 169A.20, subdivision 2 (driving while impaired; test refusal offense);
(3) section 169.791;
(4) section 169.797;
(5) section 171.09 (violation of condition of restricted license);
(6) section 171.20, subdivision 2 (operation after revocation, suspension, cancellation,
or disqualification);
(7) section 171.24; and
(8) section 171.30.
    Subd. 3. Permissive consecutive sentences; previous offenses. The court may order that the
sentence imposed for a violation of section 169A.20 (driving while impaired) run consecutively
to a previously imposed misdemeanor, gross misdemeanor, or felony sentence for a violation
other than section 169A.20.
History: 2000 c 478 art 1 s 13; 1Sp2001 c 8 art 12 s 2; 2006 c 260 art 2 s 4