169A.41 PRELIMINARY SCREENING TEST.
Subdivision 1. When authorized.
When a peace officer has reason to believe from the
manner in which a person is driving, operating, controlling, or acting upon departure from a motor
vehicle, or has driven, operated, or controlled a motor vehicle, that the driver may be violating or
has violated section
(driving while impaired),
(alcohol-related school bus or
Head Start bus driving), or
(underage drinking and driving), the officer may require the
driver to provide a sample of the driver's breath for a preliminary screening test using a device
approved by the commissioner for this purpose.
Subd. 2. Use of test results.
The results of this preliminary screening test must be used
for the purpose of deciding whether an arrest should be made and whether to require the tests
authorized in section
(chemical tests for intoxication), but must not be used in any
court action except the following:
(1) to prove that a test was properly required of a person pursuant to section
(2) in a civil action arising out of the operation or use of the motor vehicle;
(3) in an action for license reinstatement under section
(4) in a prosecution for a violation of section
169A.20, subdivision 2
impaired; test refusal);
(5) in a prosecution or juvenile court proceeding concerning a violation of section
(underage drinking and driving), or
340A.503, subdivision 1
, paragraph (a), clause (2) (underage
(6) in a prosecution under section
, (alcohol-related school or Head Start bus
(limited license); or
(7) in a prosecution for a violation of a restriction on a driver's license under section
, which provides that the license holder may not use or consume any amount of alcohol
or a controlled substance.
Subd. 3. Additional tests.
Following the screening test additional tests may be required of
the driver pursuant to the provisions of section
(chemical tests for intoxication).
Subd. 4.[Repealed, 2006 c 260 art 2 s 20
History: 2000 c 478 art 1 s 22; 1Sp2001 c 8 art 12 s 6