169A.44 CONDITIONAL RELEASE.
Subdivision 1. Nonfelony violations.
(a) This subdivision applies to a person charged with a
nonfelony violation of section
(driving while impaired) under circumstances described
169A.40, subdivision 3
(certain DWI offenders; custodial arrest).
(b) Unless maximum bail is imposed under section
, a person described in paragraph
(a) may be released from detention only if the person agrees to:
(1) abstain from alcohol; and
(2) submit to a program of electronic alcohol monitoring, involving at least daily
measurements of the person's alcohol concentration, pending resolution of the charge.
Clause (2) applies only when electronic alcohol-monitoring equipment is available to the court.
The court shall require partial or total reimbursement from the person for the cost of the electronic
alcohol-monitoring, to the extent the person is able to pay.
Subd. 2. Felony violations.
(a) A person charged with violating section
years of the first of three or more qualified prior impaired driving incidents may be released from
detention only if the following conditions are imposed:
(1) the conditions described in subdivision 1, paragraph (b), if applicable;
(2) the impoundment of the registration plates of the vehicle used to commit the violation,
unless already impounded;
(3) if the vehicle used to commit the violation was an off-road recreational vehicle or a
motorboat, the impoundment of the off-road recreational vehicle or motorboat;
(4) a requirement that the person report weekly to a probation agent;
(5) a requirement that the person abstain from consumption of alcohol and controlled
substances and submit to random alcohol tests or urine analyses at least weekly; and
(6) a requirement that, if convicted, the person reimburse the court or county for the total
cost of these services; and
(7) any other conditions of release ordered by the court.
(b) In addition to setting forth conditions of release under paragraph (a), if required by court
rule, the court shall also fix the amount of money bail without other conditions upon which
the defendant may obtain release.
History: 2000 c 478 art 1 s 25; 1Sp2003 c 2 art 9 s 11