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360.0752 AIRCRAFT OPERATOR UNDER INFLUENCE OF ALCOHOL OR
CONTROLLED SUBSTANCE.
    Subdivision 1. Definitions. As used in this section and section 360.0753:
(1) "operate" includes the acts of all crew members with responsibility to operate the aircraft;
(2) "controlled substance" has the meaning given in section 152.01, subdivision 4; and
(3) "hazardous substance" means any chemical or chemical compound that is listed as a
hazardous substance in rules adopted under chapter 182.
    Subd. 2. Crime; acts prohibited. (a) It is a crime for any person to operate or attempt to
operate an aircraft on or over land or water within this state or over any boundary water of this
state under any of the following conditions:
(1) when the person is under the influence of alcohol;
(2) when the person is under the influence of a controlled substance;
(3) when the person is under the influence of a combination of any two or more of the
elements named in clauses (1), (2), and (6);
(4) when the person's alcohol concentration is 0.04 or more;
(5) when the person's alcohol concentration as measured within two hours of the time of
operation or attempted operation is 0.04 or more;
(6) when the person is knowingly under the influence of a hazardous substance that affects
the nervous system, brain, or muscles of the person so as to substantially impair the person's
ability to operate the aircraft;
(7) when the person's body contains any amount of a controlled substance listed in schedule I
or II, other than marijuana or tetrahydrocannabinols; or
(8) within eight hours of having consumed any alcoholic beverage or used any controlled
substance.
(b) If proven by a preponderance of the evidence, it shall be an affirmative defense to a
violation of paragraph (a), clause (7), that the defendant used the controlled substance according to
the terms of a prescription issued for the defendant in accordance with sections 152.11 and 152.12.
    Subd. 2a. Refusal to submit to testing; crime. It is a crime for any person to refuse to
submit to a chemical test of the person's blood, breath, or urine under section 360.0753.
    Subd. 3. Allowing operation by violator. It is a crime for any person to knowingly permit
any individual who is in violation of subdivision 2 to operate any aircraft owned by or in the
custody or control of the person.
    Subd. 4. Arrest. A peace officer may lawfully arrest a person for violation of subdivision 2
without a warrant upon probable cause, without regard to whether the violation was committed in
the officer's presence. The express grant of arrest powers in this subdivision does not limit the
arrest powers of peace officers pursuant to sections 626.65 to 626.70 or section 629.40 in cases of
arrests for violation of subdivision 2 or any other provision of law.
    Subd. 5. Evidence. Upon the trial of any prosecution arising out of acts alleged to have
been committed by any person arrested for operating or attempting to operate an aircraft in
violation of subdivision 2, the court may admit evidence of the presence or amount of alcohol,
controlled substances, or hazardous substances in the person's blood, breath, or urine as shown by
an analysis of those items.
Evidence of the refusal to take a test is admissible into evidence in a prosecution under
this section.
If proven by a preponderance of the evidence, it shall be an affirmative defense to a violation
of subdivision 2, clause (5), that the defendant consumed a sufficient quantity of alcohol after the
time of the violation and before the administration of the evidentiary test to cause the defendant's
alcohol concentration to exceed 0.04; provided, that this evidence may not be admitted unless
notice is given to the prosecution prior to the omnibus or pretrial hearing in the matter.
The foregoing provisions do not limit the introduction of any other competent evidence
bearing upon the question whether or not the person violated this section, including tests obtained
more than two hours after the alleged violation and results obtained from partial tests on an
infrared breath-testing instrument. A result from a partial test is the measurement obtained by
analyzing one adequate breath sample, as defined in section 360.0753, subdivision 4, paragraph
(b).
    Subd. 6. Criminal penalties. (a) A person who violates subdivision 2, paragraph (a), clause
(8), or subdivision 3, is guilty of a misdemeanor.
(b) A person who violates subdivision 2, paragraph (a), clauses (1) to (7), or subdivision 2a,
is guilty of a gross misdemeanor.
(c) The attorney in the jurisdiction in which the violation occurred who is responsible
for prosecution of misdemeanor violations shall also be responsible for prosecution of gross
misdemeanor violations of this section.
    Subd. 7. Preliminary screening test. When a peace officer has reason to believe that a person
may be violating or has violated subdivision 2, the officer may require the person to provide a
sample of the person's breath for a preliminary screening test using a device approved by the
commissioner of public safety or the commissioner of transportation for this purpose. The results
of this preliminary screening test shall be used for the purpose of deciding whether to require the
tests authorized in section 360.0753, but shall not be used in any court action except to prove that
a test was properly required of a person pursuant to section 360.0753. Following the screening
test, additional tests may be required of the person pursuant to the provisions of section 360.0753.
A person who refuses to furnish a sample of the person's breath is subject to the provisions of
section 360.0753 unless, in compliance with section 360.0753, the person submits to a blood,
breath, or urine test to determine the presence or amount of alcohol, controlled substances, or
hazardous substances.
History: 1990 c 602 art 6 s 4; 1992 c 570 art 4 s 1,2; 1996 c 442 s 25-29