169A.276 MANDATORY PENALTIES; FELONY VIOLATIONS.
Subdivision 1. Mandatory prison sentence.
(a) The court shall sentence a person who is
convicted of a violation of section
(driving while impaired) under the circumstances
described in section
(first-degree driving while impaired) to imprisonment for not less
than three years. In addition, the court may order the person to pay a fine of not more than $14,000.
(b) The court may stay execution of this mandatory sentence as provided in subdivision 2
(stay of mandatory sentence), but may not stay imposition or adjudication of the sentence or
impose a sentence that has a duration of less than three years.
(c) An offender committed to the custody of the commissioner of corrections under this
subdivision is not eligible for release as provided in section
unless the offender has successfully completed a chemical dependency treatment program while
(d) Notwithstanding the statutory maximum sentence provided in section
(first-degree driving while impaired), when the court commits a person to the custody of the
commissioner of corrections under this subdivision, it shall provide that after the person has been
released from prison the commissioner shall place the person on conditional release for five
years. The commissioner shall impose any conditions of release that the commissioner deems
appropriate including, but not limited to, successful completion of an intensive probation program
as described in section
(pilot programs of intensive probation for repeat DWI offenders).
If the person fails to comply with any condition of release, the commissioner may revoke the
person's conditional release and order the person to serve all or part of the remaining portion of the
conditional release term in prison. The commissioner may not dismiss the person from supervision
before the conditional release term expires. Except as otherwise provided in this section,
conditional release is governed by provisions relating to supervised release. The failure of a court
to direct the commissioner of corrections to place the person on conditional release, as required in
this paragraph, does not affect the applicability of the conditional release provisions to the person.
(e) The commissioner shall require persons placed on supervised or conditional release under
this subdivision to pay as much of the costs of the supervision as possible. The commissioner
shall develop appropriate standards for this.
Subd. 2. Stay of mandatory sentence.
The provisions of sections
penalties; nonfelony violations), subdivision 3 or 4, and subdivision 5, and
execution of sentence), apply if the court stays execution of the sentence under subdivision
1 (mandatory prison sentence). In addition, the provisions of section
monitoring) may apply.
Subd. 3. Driver's license revocation; no stay permitted.
The court may not stay the
execution of the driver's license revocation provisions of section
convictions and adjudications; administrative penalties).
History: 1Sp2001 c 8 art 11 s 8; 1Sp2001 c 9 art 19 s 9; 2002 c 379 art 1 s 113