169A.76 CIVIL ACTION; PUNITIVE DAMAGES.
(a) In a civil action involving a motor vehicle accident, it is sufficient for the trier of fact
to consider an award of punitive damages if there is evidence that the accident was caused by a
(1) with an alcohol concentration of 0.08 or more;
(2) who was under the influence of a controlled substance;
(3) who was under the influence of alcohol and refused to take a test required under section
(chemical tests for intoxication); or
(4) who was knowingly under the influence of a hazardous substance that substantially
affects the person's nervous system, brain, or muscles so as to impair the person's ability to drive
or operate a motor vehicle.
(b) A criminal charge or conviction is not a prerequisite to consideration of punitive damages
under this section. At the trial in an action where the trier of fact will consider an award of punitive
damages, evidence that the driver has been convicted of violating section
(criminal vehicular homicide and injury) is admissible into evidence.
History: 2000 c 478 art 1 s 44; 2004 c 283 s 10