97B.066 CHEMICAL TESTING.
Subdivision 1. Mandatory chemical testing.
A person who takes wild animals with a bow
or firearm in this state or on a boundary water of this state is required, subject to the provisions
of this section, to take or submit to a test of the person's blood, breath, or urine for the purpose
of determining the presence and amount of alcohol or a controlled substance. The test shall be
administered at the direction of an officer authorized to make arrests under section
. Taking or submitting to the test is mandatory when requested by an officer who has
probable cause to believe the person was hunting in violation of section
97B.065, subdivision 1
paragraph (a) or (c), and one of the following conditions exists:
(1) the person has been lawfully placed under arrest for violating section
, paragraph (a) or (c);
(2) the person has been involved while hunting in an accident resulting in property damage,
personal injury, or death;
(3) the person has refused to take the preliminary screening test provided for in section
97B.065, subdivision 3
(4) the screening test was administered and indicated an alcohol concentration of 0.08 or
Subd. 2. Penalties; refusal; revocation of hunting privilege.
(a) If a person refuses to take
a test required under subdivision 1, none must be given but the officer authorized to make arrests
97B.065, subdivision 2
, shall report the refusal to the commissioner of natural
resources and to the authority having responsibility for prosecution of misdemeanor offenses for
the jurisdiction in which the incident occurred that gave rise to the test demand and refusal.
On certification by the officer that probable cause existed to believe the person had been
hunting while under the influence of alcohol or a controlled substance, and that the person refused
to submit to testing, the commissioner shall impose a civil penalty of $500 and shall prohibit the
person from hunting for one year.
On behalf of the commissioner, an officer requiring a test or directing the administration of a
test shall serve on a person who refused to permit a test immediate notice of intention to prohibit
the person from hunting, and to impose the civil penalty set forth in this subdivision. If the officer
fails to serve a notice of intent to suspend hunting privileges, the commissioner may notify the
person by certified mail to the address on the license of the person. The notice must advise the
person of the right to obtain administrative and judicial review as provided in this section. The
prohibition imposed by the commissioner takes effect ten days after receipt of the notice. The
civil penalty is imposed 30 days after receipt of the notice or upon return of the certified mail to
the commissioner, and must be paid within 30 days of imposition.
(b) A person who hunts during the period the person is prohibited from hunting as provided
under paragraph (a) is guilty of a misdemeanor.
Subd. 3. Rights and obligations.
At the time a test is requested, the person must be
(1) Minnesota law requires a person to take a test to determine if the person is under the
influence of alcohol or a controlled substance;
(2) if the person refuses to take the test, the person is subject to a civil penalty of $500 and is
prohibited for a one-year period from hunting, as provided under subdivision 2; and
(3) that the person has the right to consult with an attorney, but that this right is limited to the
extent it cannot unreasonably delay administration of the test or the person will be deemed to
have refused the test.
Subd. 4. Requirement of urine test.
Notwithstanding subdivision 1, if there is probable
cause to believe there is impairment by a controlled substance that is not subject to testing by a
breath test, a blood or urine test may be required even after a breath test has been administered.
Subd. 5. Chemical tests.
Chemical tests administered under this section are governed by
Subd. 6.[Repealed, 1Sp1997 c 2 s 69
Subd. 7. Administrative review.
(a) At any time during the period of prohibition or
revocation imposed under this section, the person may request in writing a review of the order
imposing sanctions under this section. If the person makes a request for administrative review
within 30 days following receipt of a notice and order imposing sanctions, the request shall
stay imposition of the civil penalty. Upon receiving the request for review, the commissioner or
the commissioner's designee shall review the order, the evidence upon which the order was
based, and other material information brought to the attention of the commissioner and determine
whether sufficient cause exists to sustain the order.
(b) Within 15 days after receiving the request, the commissioner shall issue a written
report ordering that the prohibition, revocation, or civil penalty be either sustained or rescinded.
The review provided in this subdivision is not subject to the contested case provisions of the
Administrative Procedure Act under chapter 14. The availability of administrative review does
not have an effect upon the availability of judicial review under this section.
Subd. 8. Judicial review.
(a) Within 30 days following receipt of a notice and order imposing
sanctions under this section, a person may petition the court for review. The petition must be filed
with the district court administrator in the county where the incident occurred giving rise to the
test demand and refusal, together with proof of service of a copy on the commissioner and the
prosecuting authority for misdemeanor offenses for the jurisdiction in which the incident occurred.
A responsive pleading is not required of the commissioner of natural resources, and court fees
may not be charged for the appearance of the representative of the commissioner in the matter.
(b) The petition must be captioned in the name of the person making the petition as petitioner
and the commissioner as respondent. The petition must state specifically the grounds upon which
the petitioner seeks rescission of the order imposing sanctions.
(c) The filing of the petition does not stay the revocation or prohibition against hunting.
However, the filing of a petition stays imposition of the civil penalty. The judicial review shall be
conducted according to the Rules of Civil Procedure.
Subd. 9. Hearing.
(a) A hearing under this section must be before a district court judge in the
county where the incident occurred which gave rise to the test demand and refusal. The hearing
must be to the court and may be conducted at the same time as hearings upon pretrial motions in
the criminal prosecution under section
. The hearing must be recorded. The commissioner
must be represented by the prosecuting authority for misdemeanor offenses for the jurisdiction in
which the incident occurred which gave rise to the test demand and refusal.
(b) The hearing must be held at the earliest practicable date and in any event no later than 60
days following the filing of the petition for review. The reviewing court may order a temporary
stay of the balance of the prohibition or revocation if the hearing has not been conducted within
60 days after filing of the petition, upon the application of the petitioner and upon terms the
court deems proper.
(c) The scope of the hearing must be limited to the issues of:
(1) whether the officer had probable cause to believe that the person violated section
(2) whether one of the conditions in subdivision 1 existed;
(3) whether the person was informed as prescribed in subdivision 3; and
(4) whether the person refused to submit to testing.
(d) It is an affirmative defense for the petitioner to prove that, at the time of the refusal, the
petitioner's refusal to permit the test was based upon reasonable grounds.
(e) The court shall order that the prohibition or revocation be either sustained or rescinded
and shall either sustain or rescind the civil penalty. The court shall forward a copy of the order
to the commissioner.
Subd. 10. Payment of civil penalty.
The civil penalty imposed under subdivision 2 must
be paid to the political subdivision that represents the commissioner on the petition for judicial
review or, in the event that a petition is not filed, to the political subdivision that would have
represented the commissioner had a petition been filed. If a person does not pay the civil penalty,
the prohibition against hunting is automatically extended until the political subdivision reports
to the commissioner in writing that the penalty has been paid.
Subd. 11. Enforcement of civil penalty.
(a) If a person does not pay the civil penalty
imposed under subdivision 2 within 30 days of the date it was imposed, the prosecuting authority
representing the commissioner may petition the district court in the county where the incident
occurred to file the order imposing the civil penalty as an order of the court.
(b) Once entered, the order may be enforced in the same manner as a final judgment of
the court. In addition to the penalty, attorney fees, costs, and interest may be assessed against
any person who fails to pay the civil penalty.
History: 1992 c 570 art 5 s 2; 1Sp1997 c 2 s 8-13; 2000 c 478 art 2 s 7; 2002 c 323 s 10;
2004 c 283 s 2