2007 Minnesota Statutes

CHAPTER 169A. DRIVING WHILE IMPAIRED

GENERAL PROVISIONS

169A.01 CITATION; APPLICATION.
    Subdivision 1. Citation. This chapter may be cited as the Minnesota Impaired Driving Code.
    Subd. 2. Application. Unless otherwise indicated, the provisions of this chapter apply to any
person who drives, operates, or is in physical control of a motor vehicle within this state or on any
boundary water of this state. The provisions of this chapter are applicable and uniform throughout
the state and in all its political subdivisions and municipalities.
    Subd. 3. Local ordinances. No local authority may enact or enforce any rule or regulation
that conflicts with a provision of this chapter unless expressly authorized to do so in this chapter.
Local authorities may adopt traffic regulations that do not conflict with the provisions of this
chapter. However, if any local ordinance regulating traffic covers the same subject for which a
penalty is provided for in this chapter, the penalty provided for the violation of the local ordinance
must be identical to the penalty provided for in this chapter for the same offense.
History: 2000 c 478 art 1 s 1

169A.03 DEFINITIONS.
    Subdivision 1. Scope. (a) As used in this chapter, unless the context clearly indicates
otherwise, the terms defined in this section have the meanings given.
(b) If a term defined in section 169.01, but not defined in this chapter, is used in this chapter,
the term has the meaning given in section 169.01, unless the context clearly indicates otherwise.
    Subd. 2. Alcohol concentration. "Alcohol concentration" means:
(1) the number of grams of alcohol per 100 milliliters of blood;
(2) the number of grams of alcohol per 210 liters of breath; or
(3) the number of grams of alcohol per 67 milliliters of urine.
    Subd. 3. Aggravating factor. "Aggravating factor" includes:
(1) a qualified prior impaired driving incident within the ten years immediately preceding
the current offense;
(2) having an alcohol concentration of 0.20 or more as measured at the time, or within two
hours of the time, of the offense; or
(3) having a child under the age of 16 in the motor vehicle at the time of the offense if the
child is more than 36 months younger than the offender.
    Subd. 4. Commercial motor vehicle. "Commercial motor vehicle" has the meaning given
in section 169.01, subdivision 75.
    Subd. 5. Commissioner. "Commissioner" means the commissioner of public safety or a
designee.
    Subd. 5a. Control analysis. "Control analysis" means a procedure involving a solution that
yields a predictable alcohol concentration reading.
    Subd. 6. Controlled substance. "Controlled substance" has the meaning given in section
152.01, subdivision 4.
    Subd. 7. Driver. "Driver" has the meaning given in section 169.01, subdivision 25.
    Subd. 8. Gross misdemeanor. "Gross misdemeanor" means a crime for which a person may
be sentenced to imprisonment for not more than one year, or to payment of a fine of not more
than $3,000, or both.
    Subd. 9. Hazardous substance. "Hazardous substance" means any chemical or chemical
compound that is listed as a hazardous substance in rules adopted under chapter 182 (occupational
safety and health).
    Subd. 10. Head Start bus. "Head Start bus" has the meaning given in section 169.01,
subdivision 80 .
    Subd. 11. Infrared or other approved breath-testing instrument. "Infrared or other
approved breath-testing instrument" means a breath-testing instrument that employs infrared or
other technology and has been approved by the commissioner of public safety for determining
alcohol concentration.
    Subd. 12. Misdemeanor. "Misdemeanor" means a crime for which a person may be
sentenced to imprisonment for not more than 90 days, or to payment of a fine of not more than
$1,000, or both.
    Subd. 13. Motorboat. "Motorboat" has the meaning given in section 86B.005, subdivision 9.
    Subd. 14. Motorboat in operation. "Motorboat in operation" does not include a motorboat
that is anchored, beached, or securely fastened to a dock or other permanent mooring or a
motorboat that is being rowed or propelled by other than mechanical means.
    Subd. 15. Motor vehicle. "Motor vehicle" means every vehicle that is self-propelled and
every vehicle that is propelled by electric power obtained from overhead trolley wires. The
term includes motorboats in operation and off-road recreational vehicles, but does not include a
vehicle moved solely by human power.
    Subd. 16. Off-road recreational vehicle. "Off-road recreational vehicle" means an
off-highway motorcycle as defined in section 84.787, subdivision 7; off-road vehicle as defined
in section 84.797, subdivision 7; snowmobile as defined in section 84.81, subdivision 3; and
all-terrain vehicle as defined in section 84.92, subdivision 8.
    Subd. 17. Owner. "Owner" has the meaning given in section 169.01, subdivision 26.
    Subd. 18. Peace officer. "Peace officer" means:
(1) a State Patrol officer;
(2) University of Minnesota peace officer;
(3) police officer of any municipality, including towns having powers under section 368.01,
or county; and
(4) for purposes of violations of this chapter in or on an off-road recreational vehicle or
motorboat, or for violations of section 97B.065 or 97B.066, a state conservation officer.
    Subd. 19. Police officer. "Police officer" has the meaning given in section 169.01,
subdivision 27 .
    Subd. 20. Prior impaired driving conviction. "Prior impaired driving conviction" includes
a prior conviction under:
(1) section 169A.20 (driving while impaired); 169A.31 (alcohol-related school bus or Head
Start bus driving); or 360.0752 (impaired aircraft operation);
(2) section 609.21 (criminal vehicular homicide and injury, substance-related offenses),
subdivision 1, clauses (2) to (6);
(3) Minnesota Statutes 1998, section 169.121 (driver under influence of alcohol or controlled
substance); 169.1211 (alcohol-related driving by commercial vehicle drivers); or 169.129
(aggravated DWI-related violations; penalty);
(4) Minnesota Statutes 1996, section 84.91, subdivision 1, paragraph (a) (operating
snowmobile or all-terrain vehicle while impaired); or 86B.331, subdivision 1, paragraph (a)
(operating motorboat while impaired); or
(5) an ordinance from this state, or a statute or ordinance from another state, in conformity
with any provision listed in clause (1), (2), (3), or (4).
A "prior impaired driving conviction" also includes a prior juvenile adjudication that would have
been a prior impaired driving conviction if committed by an adult.
    Subd. 21. Prior impaired driving-related loss of license. (a) "Prior impaired driving-related
loss of license" includes a driver's license suspension, revocation, cancellation, denial, or
disqualification under:
(1) section 169A.31 (alcohol-related school bus or Head Start bus driving); 169A.50 to
169A.53 (implied consent law); 169A.54 (impaired driving convictions and adjudications;
administrative penalties); 171.04 (persons not eligible for drivers' licenses); 171.14
(cancellation); 171.16 (court may recommend suspension); 171.165 (commercial driver's license,
disqualification); 171.17 (revocation); or 171.18 (suspension); because of an alcohol-related
incident;
(2) section 609.21 (criminal vehicular homicide and injury, substance-related offenses),
subdivision 1, clauses (2) to (6);
(3) Minnesota Statutes 1998, section 169.121 (driver under influence of alcohol or controlled
substance); 169.1211 (alcohol-related driving by commercial vehicle drivers); or 169.123
(chemical tests for intoxication); or
(4) an ordinance from this state, or a statute or ordinance from another state, in conformity
with any provision listed in clause (1), (2), or (3).
(b) "Prior impaired driving-related loss of license" also includes the revocation of
snowmobile or all-terrain vehicle operating privileges under section 84.911 (chemical testing),
or motorboat operating privileges under section 86B.335 (testing for alcohol and controlled
substances), for violations that occurred on or after August 1, 1994; the revocation of snowmobile
or all-terrain vehicle operating privileges under section 84.91 (operation of snowmobiles and
all-terrain vehicles by persons under the influence of alcohol or controlled substances); or the
revocation of motorboat operating privileges under section 86B.331 (operation while using
alcohol or drugs or with a physical or mental disability).
(c) "Prior impaired driving-related loss of license" does not include any license action
stemming solely from a violation of section 169A.33 (underage drinking and driving), 171.09
(conditions of a restricted license), or 340A.503 (persons under the age of 21, illegal acts).
    Subd. 22. Qualified prior impaired driving incident. "Qualified prior impaired driving
incident" includes prior impaired driving convictions and prior impaired driving-related losses
of license.
    Subd. 23. School bus. "School bus" has the meaning given in section 169.01, subdivision 6.
    Subd. 24. Street or highway. "Street or highway" has the meaning given in section 169.01,
subdivision 29 .
    Subd. 25. Vehicle. "Vehicle" has the meaning given in section 169.01, subdivision 2.
History: 2000 c 478 art 1 s 2; 1Sp2001 c 8 art 8 s 4; 2002 c 323 s 18; 2003 c 96 s 1;
1Sp2003 c 2 art 9 s 1,2; 2005 c 10 art 2 s 4; 2007 c 54 art 3 s 14

169A.05 PARENTHETICAL REFERENCES.
Words set forth in parentheses after references to sections or subdivisions in this chapter are
mere catchwords included solely for convenience in reference. They are not substantive and may
not be used to construe or limit the meaning of any statutory language.
History: 2000 c 478 art 1 s 3

169A.07 FIRST-TIME DWI VIOLATOR; OFF-ROAD VEHICLE OR BOAT.
A person who violates section 169A.20 (driving while impaired) while using an off-road
recreational vehicle or motorboat and who does not have a qualified prior impaired driving
incident is subject only to the criminal penalty provided in section 169A.25 (second-degree driving
while impaired), 169A.26 (third-degree driving while impaired), or 169A.27 (fourth-degree
driving while impaired); and loss of operating privileges as provided in section 84.91, subdivision
1 (operation of snowmobiles or all-terrain vehicles by persons under the influence of alcohol or
controlled substances), or 86B.331, subdivision 1 (operation of motorboats while using alcohol or
with a physical or mental disability), whichever is applicable. The person is not subject to the
provisions of section 169A.275, subdivision 5, (submission to the level of care recommended in
chemical use assessment for repeat offenders and offenders with alcohol concentration of 0.20 or
more); 169A.277 (long-term monitoring); 169A.285 (penalty assessment); 169A.44 (conditional
release); 169A.54 (impaired driving convictions and adjudications; administrative penalties); or
169A.54, subdivision 11 (chemical use assessment); the license revocation sanctions of sections
169A.50 to 169A.53 (implied consent law); or the plate impoundment provisions of section
169A.60 (administrative impoundment of plates).
History: 2000 c 478 art 1 s 4; 1Sp2001 c 8 art 11 s 1; 1Sp2001 c 9 art 19 s 2; 2002 c
379 art 1 s 113

169A.09 DETERMINING QUALIFIED PRIOR DWI INCIDENTS.
Prior impaired driving convictions and prior impaired driving-related losses of license must
arise out of a separate course of conduct to be considered as multiple qualified prior impaired
driving incidents under this chapter. When a person has a prior impaired driving conviction and
a prior impaired driving-related loss of license based on the same course of conduct, either the
conviction or the loss of license may be considered a qualified prior impaired driving incident, but
not both.
History: 2000 c 478 art 1 s 5

169A.095 DETERMINING NUMBER OF AGGRAVATING FACTORS.
When determining the number of aggravating factors present for purposes of this chapter,
subject to section 169A.09 (sanctions for prior behavior to be based on separate courses of
conduct), each qualified prior impaired driving incident within the ten years immediately
preceding the current offense is counted as a separate aggravating factor.
History: 2000 c 478 art 1 s 6

CRIMINAL PROVISIONS

169A.20 DRIVING WHILE IMPAIRED.
    Subdivision 1. Driving while impaired crime. It is a crime for any person to drive, operate,
or be in physical control of any motor vehicle within this state or on any boundary water of
this state:
(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 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 drive or operate the motor vehicle;
(4) when the person is under the influence of a combination of any two or more of the
elements named in clauses (1), (2), and (3);
(5) when the person's alcohol concentration at the time, or as measured within two hours of
the time, of driving, operating, or being in physical control of the motor vehicle is 0.08 or more;
(6) when the vehicle is a commercial motor vehicle and the person's alcohol concentration at
the time, or as measured within two hours of the time, of driving, operating, or being in physical
control of the commercial motor vehicle is 0.04 or more; or
(7) when the person's body contains any amount of a controlled substance listed in schedule I
or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
    Subd. 2. Refusal to submit to chemical test 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 169A.51 (chemical
tests for intoxication), or 169A.52 (test refusal or failure; revocation of license).
    Subd. 3. Sentence. A person who violates this section may be sentenced as provided in
section 169A.24 (first-degree driving while impaired), 169A.25 (second-degree driving while
impaired), 169A.26 (third-degree driving while impaired), or 169A.27 (fourth-degree driving
while impaired).
History: 2000 c 478 art 1 s 7; 1Sp2001 c 8 art 11 s 2; 1Sp2001 c 9 art 19 s 3; 2002 c 379 art
1 s 113; 1Sp2003 c 2 art 9 s 3; 2004 c 283 s 3; 2006 c 260 art 2 s 2

169A.24 FIRST-DEGREE DRIVING WHILE IMPAIRED.
    Subdivision 1. Degree described. A person who violates section 169A.20 (driving while
impaired) is guilty of first-degree driving while impaired if the person:
(1) commits the violation within ten years of the first of three or more qualified prior
impaired driving incidents;
(2) has previously been convicted of a felony under this section; or
(3) has previously been convicted of a felony under section 609.21, subdivision 1, clause
(2), (3), (4), (5), or (6).
    Subd. 2. Criminal penalty. A person who commits first-degree driving while impaired is
guilty of a felony and may be sentenced to imprisonment for not more than seven years, or to
payment of a fine of not more than $14,000, or both. The person is subject to the mandatory
penalties described in section 169A.276 (mandatory penalties; felony violations).
History: 1Sp2001 c 8 art 11 s 3; 1Sp2001 c 9 art 19 s 4; 2002 c 379 art 1 s 113; 2006 c
260 art 2 s 3; 2007 c 54 art 3 s 14

169A.25 SECOND-DEGREE DRIVING WHILE IMPAIRED.
    Subdivision 1. Degree described. (a) A person who violates section 169A.20, subdivision 1
(driving while impaired crime), is guilty of second-degree driving while impaired if two or more
aggravating factors were present when the violation was committed.
(b) A person who violates section 169A.20, subdivision 2 (refusal to submit to chemical
test crime), is guilty of second-degree driving while impaired if one aggravating factor was
present when the violation was committed.
    Subd. 2. Criminal penalty. Second-degree driving while impaired is a gross misdemeanor.
The mandatory penalties described in section 169A.275 and the long-term monitoring described
in section 169A.277 may be applicable.
History: 2000 c 478 art 1 s 8; 1Sp2001 c 8 art 11 s 4; 1Sp2001 c 9 art 19 s 5; 2002 c 379
art 1 s 113; 1Sp2003 c 2 art 9 s 4

169A.26 THIRD-DEGREE DRIVING WHILE IMPAIRED.
    Subdivision 1. Degree described. (a) A person who violates section 169A.20, subdivision 1
(driving while impaired crime), is guilty of third-degree driving while impaired if one aggravating
factor was present when the violation was committed.
(b) A person who violates section 169A.20, subdivision 2 (refusal to submit to chemical
test crime), is guilty of third-degree driving while impaired.
    Subd. 2. Criminal penalty. Third-degree driving while impaired is a gross misdemeanor.
The mandatory penalties described in section 169A.275 and the long-term monitoring described
in section 169A.277 may be applicable.
History: 2000 c 478 art 1 s 9; 1Sp2001 c 8 art 11 s 5; 1Sp2001 c 9 art 19 s 6; 2002 c 379
art 1 s 113; 1Sp2003 c 2 art 9 s 5

169A.27 FOURTH-DEGREE DRIVING WHILE IMPAIRED.
    Subdivision 1. Degree described. A person who violates section 169A.20, subdivision 1
(driving while impaired crime), is guilty of fourth-degree driving while impaired.
    Subd. 2. Criminal penalty. Fourth-degree driving while impaired is a misdemeanor.
History: 2000 c 478 art 1 s 10; 1Sp2001 c 8 art 11 s 6; 1Sp2001 c 9 art 19 s 7; 2002 c 379
art 1 s 113; 1Sp2003 c 2 art 9 s 6

169A.275 MANDATORY PENALTIES; NONFELONY VIOLATIONS.
    Subdivision 1. Second offense. (a) The court shall sentence a person who is convicted of
a violation of section 169A.20 (driving while impaired) within ten years of a qualified prior
impaired driving incident to either:
(1) a minimum of 30 days of incarceration, at least 48 hours of which must be served in a
local correctional facility; or
(2) eight hours of community work service for each day less than 30 days that the person is
ordered to serve in a local correctional facility.
Notwithstanding section 609.135 (stay of imposition or execution of sentence), the penalties in
this paragraph must be executed, unless the court departs from the mandatory minimum sentence
under paragraph (b) or (c).
(b) Prior to sentencing, the prosecutor may file a motion to have a defendant described in
paragraph (a) sentenced without regard to the mandatory minimum sentence established by that
paragraph. The motion must be accompanied by a statement on the record of the reasons for it.
When presented with the prosecutor's motion and if it finds that substantial mitigating factors
exist, the court shall sentence the defendant without regard to the mandatory minimum sentence
established by paragraph (a).
(c) The court may, on its own motion, sentence a defendant described in paragraph (a)
without regard to the mandatory minimum sentence established by that paragraph if it finds that
substantial mitigating factors exist and if its sentencing departure is accompanied by a statement
on the record of the reasons for it. The court also may sentence the defendant without regard to
the mandatory minimum sentence established by paragraph (a) if the defendant is sentenced
to probation and ordered to participate in a program established under section 169A.74 (pilot
programs of intensive probation for repeat DWI offenders).
(d) When any portion of the sentence required by paragraph (a) is not executed, the court
should impose a sentence that is proportional to the extent of the offender's prior criminal and
moving traffic violation record. Any sentence required under paragraph (a) must include a
mandatory sentence that is not subject to suspension or a stay of imposition or execution, and that
includes incarceration for not less than 48 hours or at least 80 hours of community work service.
    Subd. 2. Third offense. (a) The court shall sentence a person who is convicted of a violation
of section 169A.20 (driving while impaired) within ten years of the first of two qualified prior
impaired driving incidents to either:
(1) a minimum of 90 days of incarceration, at least 30 days of which must be served
consecutively in a local correctional facility; or
(2) a program of intensive supervision of the type described in section 169A.74 (pilot
programs of intensive probation for repeat DWI offenders) that requires the person to
consecutively serve at least six days in a local correctional facility.
(b) The court may order that the person serve not more than 60 days of the minimum penalty
under paragraph (a), clause (1), on home detention or in an intensive probation program described
in section 169A.74.
(c) Notwithstanding section 609.135, the penalties in this subdivision must be imposed and
executed.
    Subd. 3. Fourth offense. (a) Unless the court commits the person to the custody of the
commissioner of corrections as provided in section 169A.276 (mandatory penalties; felony
violations), the court shall sentence a person who is convicted of a violation of section 169A.20
(driving while impaired) within ten years of the first of three qualified prior impaired driving
incidents to either:
(1) a minimum of 180 days of incarceration, at least 30 days of which must be served
consecutively in a local correctional facility;
(2) a program of intensive supervision of the type described in section 169A.74 (pilot
programs of intensive probation for repeat DWI offenders) that requires the person to
consecutively serve at least six days in a local correctional facility; or
(3) a program of staggered sentencing involving a minimum of 180 days of incarceration, at
least 30 days of which must be served consecutively in a local correctional facility.
(b) The court may order that the person serve not more than 150 days of the minimum
penalty under paragraph (a), clause (1), on home detention or in an intensive probation program
described in section 169A.74. Notwithstanding section 609.135, the penalties in this subdivision
must be imposed and executed.
    Subd. 4. Fifth offense or more. (a) Unless the court commits the person to the custody of
the commissioner of corrections as provided in section 169A.276 (mandatory penalties; felony
violations), the court shall sentence a person who is convicted of a violation of section 169A.20
(driving while impaired) within ten years of the first of four or more qualified prior impaired
driving incidents to either:
(1) a minimum of one year of incarceration, at least 60 days of which must be served
consecutively in a local correctional facility;
(2) a program of intensive supervision of the type described in section 169A.74 (pilot
programs of intensive probation for repeat DWI offenders) that requires the person to
consecutively serve at least six days in a local correctional facility; or
(3) a program of staggered sentencing involving a minimum of one year of incarceration, at
least 60 days of which must be served consecutively in a local correctional facility.
(b) The court may order that the person serve the remainder of the minimum penalty under
paragraph (a), clause (1), on intensive probation using an electronic monitoring system or, if such
a system is unavailable, on home detention. Notwithstanding section 609.135, the penalties in this
subdivision must be imposed and executed.
    Subd. 5. Level of care recommended in chemical use assessment. Unless the court
commits the person to the custody of the commissioner of corrections as provided in section
169A.276 (mandatory penalties; felony violations), in addition to other penalties required under
this section, the court shall order a person to submit to the level of care recommended in the
chemical use assessment conducted under section 169A.70 (alcohol safety program; chemical use
assessments) if the person is convicted of violating section 169A.20 (driving while impaired)
while having an alcohol concentration of 0.20 or more as measured at the time, or within two
hours of the time, of the offense or if the violation occurs within ten years of one or more
qualified prior impaired driving incidents.
    Subd. 6. Definitions. (a) For purposes of this section, the following terms have the meanings
given.
(b) "Staggered sentencing" means a sentencing procedure in which the court sentences a
person convicted of a gross misdemeanor or felony violation of section 169A.20 (driving while
impaired) to an executed sentence of incarceration in a local correctional facility, to be served in
equal segments in three or more consecutive years. Before reporting for any subsequent segment
of incarceration after the first segment, the offender shall be regularly involved in a structured
sobriety group and may bring a motion before the court requesting to have that segment of
incarceration stayed. The motion must be brought before the same judge who initially pronounced
the sentence. Before bringing the motion, the offender shall participate for 30 days in a remote
electronic alcohol-monitoring program under the direction of the person's probation agent. It
is within the court's discretion to stay the second or subsequent segment of remote electronic
alcohol monitoring or incarceration that has previously been ordered. The court shall consider
any alcohol-monitoring results and the recommendation of the probation agent, together with
any other factors deemed relevant by the court, in deciding whether to modify the sentence
by ordering a stay of the next following segment of remote electronic alcohol monitoring or
incarceration that the court had initially ordered to be executed.
(c) When the court stays a segment of incarceration that it has previously ordered to be
executed, that portion of the sentence must be added to the total number of days the defendant
is subject to serving in custody if the person subsequently violates any of the conditions of that
stay of execution.
(d) A structured sobriety group is an organization that has regular meetings focusing on
sobriety and includes, but is not limited to, Alcoholics Anonymous.
    Subd. 7. Exception. (a) A judge is not required to sentence a person as provided in this
section if the judge requires the person as a condition of probation to drive only motor vehicles
equipped with an ignition interlock device meeting the standards described in section 171.306.
    (b) This subdivision expires July 1, 2009.
History: 2000 c 478 art 1 s 11; 1Sp2001 c 8 art 11 s 7; 1Sp2001 c 9 art 19 s 8; 2002 c 379
art 1 s 113; 1Sp2003 c 2 art 9 s 7-9; 2005 c 136 art 18 s 2; 2007 c 54 art 3 s 1

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 169A.20 (driving while impaired) under the circumstances
described in section 169A.24 (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 241.26, 244.065, 244.12, or 244.17,
unless the offender has successfully completed a chemical dependency treatment program while
in prison.
(d) Notwithstanding the statutory maximum sentence provided in section 169A.24
(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 169A.74 (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 169A.275 (mandatory
penalties; nonfelony violations), subdivision 3 or 4, and subdivision 5, and 169A.283 (stay of
execution of sentence), apply if the court stays execution of the sentence under subdivision
1 (mandatory prison sentence). In addition, the provisions of section 169A.277 (long-term
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 169A.54 (impaired driving
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

169A.277 LONG-TERM MONITORING.
    Subdivision 1. Applicability. This section applies to a person convicted of:
(1) a violation of section 169A.20 (driving while impaired) within ten years of the first of
two or more prior impaired driving convictions;
(2) a violation of section 169A.20, if the person is under the age of 19 years and has
previously been convicted of violating section 169A.20 or Minnesota Statutes 1998, section
169.121 (driver under the influence of alcohol or controlled substance); or
(3) a violation of section 169A.20, while the person's driver's license or driving privileges
have been canceled under section 171.04, subdivision 1, clause (10) (persons not eligible for
drivers' licenses, inimical to public safety).
    Subd. 2. Monitoring required. When the court sentences a person described in subdivision 1
to a stayed sentence and when electronic monitoring equipment is available to the court, the court
shall require that the person participate in a program of electronic alcohol monitoring in addition
to any other conditions of probation or jail time it imposes. The court must order the monitoring
for a minimum of 30 consecutive days during each year of the person's probationary period.
    Subd. 3. Reimbursement. 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.
History: 2000 c 478 art 1 s 12; 1Sp2001 c 8 art 12 s 1

169A.28 CONSECUTIVE SENTENCES.
    Subdivision 1. Mandatory consecutive sentences. (a) The court shall impose consecutive
sentences when it sentences a person for:
(1) violations of section 169A.20 (driving while impaired) arising out of separate courses
of conduct;
(2) a violation of section 169A.20 when the person, at the time of sentencing, is on probation
for, or serving, an executed sentence for a violation of section 169A.20 or Minnesota Statutes
1998, section 169.121 (driver under the influence of alcohol or controlled substance) or 169.129
(aggravated DWI-related violations; penalty), and the prior sentence involved a separate course
of conduct; or
(3) a violation of section 169A.20 and another offense arising out of a single course of
conduct that is listed in subdivision 2, paragraph (e), when the person has five or more qualified
prior impaired driving incidents within the past ten years.
(b) The requirement for consecutive sentencing in paragraph (a) does not apply if the person
is being sentenced to an executed prison term for a violation of section 169A.20 (driving while
impaired) under circumstances described in section 169A.24 (first-degree driving while impaired).
    Subd. 2. Permissive consecutive sentences; multiple offenses. (a) When a person is being
sentenced for a violation of a provision listed in paragraph (e), the court may sentence the person
to a consecutive term of imprisonment for a violation of any other provision listed in paragraph
(e), notwithstanding the fact that the offenses arose out of the same course of conduct, subject to
the limitation on consecutive sentences contained in section 609.15, subdivision 2, and except as
provided in paragraphs (b) and (c).
(b) When a person is being sentenced for a violation of section 171.09 (violation of
condition of restricted license), 171.20 (operation after revocation, suspension, cancellation, or
disqualification), 171.24 (driving without valid license), or 171.30 (violation of condition of
limited license), the court may not impose a consecutive sentence for another violation of a
provision in chapter 171 (drivers' licenses and training schools).
(c) When a person is being sentenced for a violation of section 169.791 (failure to provide
proof of insurance) or 169.797 (failure to provide vehicle insurance), the court may not impose a
consecutive sentence for another violation of a provision of sections 169.79 to 169.7995.
(d) This subdivision does not limit the authority of the court to impose consecutive sentences
for crimes arising on different dates or to impose a consecutive sentence when a person is being
sentenced for a crime and is also in violation of the conditions of a stayed or otherwise deferred
sentence under section 609.135 (stay of imposition or execution of sentence).
(e) This subdivision applies to misdemeanor and gross misdemeanor violations of the
following if the offender has two or more prior impaired driving convictions within the past
ten years:
(1) section 169A.20, subdivision 1 (driving while impaired; impaired driving offenses);
(2) section 169A.20, subdivision 2 (driving while impaired; test refusal offense);
(3) section 169.791;
(4) section 169.797;
(5) section 171.09 (violation of condition of restricted license);
(6) section 171.20, subdivision 2 (operation after revocation, suspension, cancellation,
or disqualification);
(7) section 171.24; and
(8) section 171.30.
    Subd. 3. Permissive consecutive sentences; previous offenses. The court may order that the
sentence imposed for a violation of section 169A.20 (driving while impaired) run consecutively
to a previously imposed misdemeanor, gross misdemeanor, or felony sentence for a violation
other than section 169A.20.
History: 2000 c 478 art 1 s 13; 1Sp2001 c 8 art 12 s 2; 2006 c 260 art 2 s 4

169A.283 STAY OF EXECUTION OF SENTENCE.
    Subdivision 1. Stay authorized. Except as otherwise provided in sections 169A.275
(mandatory penalties; nonfelony violations) and 169A.276 (mandatory penalties; felony
violations), when a court sentences a person convicted of a violation of section 169A.20 (driving
while impaired), the court may stay execution of the criminal sentence described in section
169A.24 (first-degree driving while impaired), 169A.25 (second-degree driving while impaired),
169A.26 (third-degree driving while impaired), or 169A.27 (fourth-degree driving while
impaired) on the condition that the convicted person submit to the level of care recommended in
the chemical use assessment report required under section 169A.70 (alcohol safety programs;
chemical use assessments). If the court does not order a level of care in accordance with the
assessment report recommendation as a condition of a stay of execution, it shall state on the
record its reasons for not following the assessment report recommendation.
    Subd. 2. Manner and length of stay, required report. A stay of execution must be in the
manner provided in section 609.135 (stay of imposition or execution of sentence). The length of
stay is governed by section 609.135, subdivision 2. The court shall report to the commissioner
any stay of execution of sentence granted under this section.
    Subd. 3. No stay of license revocation. The court may not stay the execution of the driver's
license revocation provisions of section 169A.54 (impaired driving convictions and adjudications;
administrative penalties).
History: 2000 c 478 art 1 s 14; 1Sp2001 c 8 art 11 s 9; 1Sp2001 c 9 art 19 s 10; 2002 c
379 art 1 s 113

169A.284 CHEMICAL DEPENDENCY ASSESSMENT CHARGE; SURCHARGE.
    Subdivision 1. When required. (a) When a court sentences a person convicted of an offense
enumerated in section 169A.70, subdivision 2 (chemical use assessment; requirement; form), it
shall impose a chemical dependency assessment charge of $125. A person shall pay an additional
surcharge of $5 if the person is convicted of a violation of section 169A.20 (driving while
impaired) within five years of a prior impaired driving conviction or a prior conviction for an
offense arising out of an arrest for a violation of section 169A.20 or Minnesota Statutes 1998,
section 169.121 (driver under influence of alcohol or controlled substance) or 169.129 (aggravated
DWI-related violations; penalty). This section applies when the sentence is executed, stayed, or
suspended. The court may not waive payment or authorize payment of the assessment charge
and surcharge in installments unless it makes written findings on the record that the convicted
person is indigent or that the assessment charge and surcharge would create undue hardship for
the convicted person or that person's immediate family.
(b) The chemical dependency assessment charge and surcharge required under this section
are in addition to the surcharge required by section 357.021, subdivision 6 (surcharges on criminal
and traffic offenders).
    Subd. 2. Distribution of money. The county shall collect and forward to the commissioner
of finance $25 of the chemical dependency assessment charge and the $5 surcharge, if any, within
60 days after sentencing or explain to the commissioner in writing why the money was not
forwarded within this time period. The commissioner shall credit the money to the general fund.
The county shall collect and keep $100 of the chemical dependency assessment charge.
History: 2000 c 478 art 1 s 15

169A.285 PENALTY ASSESSMENT.
    Subdivision 1. Authority; amount. When a court sentences a person who violates section
169A.20 (driving while impaired) while having an alcohol concentration of 0.20 or more as
measured at the time, or within two hours of the time, of the violation, the court may impose a
penalty assessment of up to $1,000. The court may impose this assessment in addition to any
other penalties or charges authorized under law.
    Subd. 2. Assessment distribution. Money collected under this section must be distributed
as follows:
(1) if the arresting officer is an employee of a political subdivision, the assessment must
be forwarded to the treasury of the political subdivision for use in enforcement, training, and
education activities related to driving while impaired; or
(2) if the arresting officer is an employee of the state, the assessment must be forwarded to
the state treasury and credited to the general fund.
History: 2000 c 478 art 1 s 16

169A.31 ALCOHOL-RELATED SCHOOL BUS OR HEAD START BUS DRIVING.
    Subdivision 1. Crime described. It is a crime for any person to drive, operate, or be in
physical control of any class of school bus or Head Start bus within this state when there is
physical evidence present in the person's body of the consumption of any alcohol.
    Subd. 2. Gross misdemeanor alcohol-related school bus or Head Start bus driving. A
person who violates subdivision 1 is guilty of gross misdemeanor alcohol-related school bus or
Head Start bus driving if:
(1) the violation occurs while a child under the age of 16 is in the vehicle, if the child is more
than 36 months younger than the violator; or
(2) the violation occurs within ten years of a qualified prior impaired driving incident.
    Subd. 3. Misdemeanor alcohol-related school bus or Head Start bus driving. Except
as provided in subdivision 2, a person who violates subdivision 1 is guilty of misdemeanor
alcohol-related school bus or Head Start bus driving.
History: 2000 c 478 art 1 s 17

169A.33 UNDERAGE DRINKING AND DRIVING.
    Subdivision 1. Definition. As used in this section, "motor vehicle" does not include
motorboats in operation or off-road recreational vehicles.
    Subd. 2. Crime described. It is a crime for a person under the age of 21 years to drive,
operate, or be in physical control of a motor vehicle while consuming alcoholic beverages, or
after having consumed alcoholic beverages while there is physical evidence of the consumption
present in the person's body.
    Subd. 3. Criminal penalty. A person who violates subdivision 2 is guilty of a misdemeanor.
    Subd. 4. Administrative penalty. When a person is found to have committed an offense
under subdivision 2, the court shall notify the commissioner of its determination. Upon receipt of
the court's determination, the commissioner shall suspend the person's driver's license or operating
privileges for 30 days, or for 180 days if the person has previously been found to have violated
subdivision 2 or a statute or ordinance in conformity with it.
    Subd. 5. Exception. If the person's conduct violates section 169A.20 (driving while
impaired) or 169A.31 (alcohol-related school bus or Head Start bus driving), the penalties
and license sanctions in those laws or section 169A.54 (impaired driving convictions and
adjudications; administrative penalties) apply instead of the license sanction in subdivision 4.
    Subd. 6. Jurisdiction. An offense under subdivision 2 may be prosecuted either in the
jurisdiction where consumption occurs or the jurisdiction where evidence of consumption is
observed.
History: 2000 c 478 art 1 s 18

169A.35 OPEN BOTTLE LAW.
    Subdivision 1. Definitions. As used in this section:
    (1) "alcoholic beverage" has the meaning given it in section 340A.101, subdivision 2;
    (2) "distilled spirits" has the meaning given it in section 340A.101, subdivision 9;
    (3) "motor vehicle" does not include motorboats in operation, or off-road recreational
vehicles except when being operated on a roadway or shoulder of a roadway that is not part of a
grant-in-aid trail or trail designated for that vehicle by the commissioner of natural resources;
    (4) "possession" means either that the person had actual possession of the bottle or receptacle
or that the person consciously exercised dominion and control over the bottle or receptacle; and
    (5) "3.2 percent malt liquor" has the meaning given it in section 340A.101, subdivision 19.
    Subd. 1a. Alcoholic beverage, distilled spirit, 3.2 malt liquor; determination. For
purposes of this section only, when determining whether a beverage is an alcoholic beverage,
a distilled spirit, or 3.2 percent malt liquor:
(1) "alcohol by volume" means milliliters of alcohol per 100 milliliters of beverage; and
(2) "alcohol by weight" means grams of alcohol per 100 grams of beverage.
    Subd. 2. Drinking and consumption; crime described. It is a crime for a person to drink
or consume an alcoholic beverage, distilled spirit, or 3.2 percent malt liquor in a motor vehicle
when the vehicle is upon a street or highway.
    Subd. 3. Possession; crime described. It is a crime for a person to have in possession,
while in a private motor vehicle upon a street or highway, any bottle or receptacle containing an
alcoholic beverage, distilled spirit, or 3.2 percent malt liquor that has been opened, or the seal
broken, or the contents of which have been partially removed.
    Subd. 4. Liability of nonpresent owner; crime described. It is a crime for the owner of any
private motor vehicle or the driver, if the owner is not present in the motor vehicle, to keep or
allow to be kept in a motor vehicle when the vehicle is upon a street or highway any bottle or
receptacle containing an alcoholic beverage, distilled spirit, or 3.2 percent malt liquor that has
been opened, or the seal broken, or the contents of which have been partially removed.
    Subd. 5. Criminal penalty. A person who violates subdivisions 2 to 4 is guilty of a
misdemeanor.
    Subd. 6. Exceptions. (a) This section does not prohibit the possession or consumption of
alcoholic beverages by passengers in:
(1) a bus that is operated by a motor carrier of passengers, as defined in section 221.011,
subdivision 48 ; or
(2) a vehicle providing limousine service as defined in section 221.84, subdivision 1.
(b) Subdivisions 3 and 4 do not apply to a bottle or receptacle that is in the trunk of the vehicle
if it is equipped with a trunk, or that is in another area of the vehicle not normally occupied by the
driver and passengers if the vehicle is not equipped with a trunk. However, a utility compartment
or glove compartment is deemed to be within the area occupied by the driver and passengers.
History: 2000 c 426 s 22-24; 2000 c 478 art 1 s 19; art 2 s 7; 1Sp2001 c 8 art 12 s 3,4;
2007 c 131 art 1 s 77

169A.37 LICENSE PLATE IMPOUNDMENT VIOLATION CRIMES.
    Subdivision 1. Crime described. It is a crime for a person:
(1) to fail to comply with an impoundment order under section 169A.60 (administrative
plate impoundment);
(2) to file a false statement under section 169A.60, subdivision 7, 8, or 14;
(3) to operate a self-propelled motor vehicle on a street or highway when the vehicle is
subject to an impoundment order issued under section 169A.60, unless specially coded plates
have been issued for the vehicle pursuant to section 169A.60, subdivision 13;
(4) to fail to notify the commissioner of the impoundment order when requesting new plates;
(5) who is subject to a plate impoundment order under section 169A.60, to drive, operate,
or be in control of any motor vehicle during the impoundment period, unless the vehicle has
specially coded plates issued pursuant to section 169A.60, subdivision 13, and the person is
validly licensed to drive; or
(6) who is the transferee of a motor vehicle and who has signed a sworn statement under
section 169A.60, subdivision 14, to allow the previously registered owner to drive, operate, or
be in control of the vehicle during the impoundment period.
    Subd. 2. Criminal penalty. A person who violates subdivision 1 is guilty of a misdemeanor.
History: 2000 c 478 art 1 s 20; 1Sp2001 c 8 art 12 s 5

PROCEDURAL PROVISIONS

169A.40 ARREST POWERS.
    Subdivision 1. Probable cause arrest. A peace officer may lawfully arrest a person for
violation of section 169A.20 (driving while impaired), 169A.31 (alcohol-related school bus or
Head Start bus driving), or 169A.33 (underage drinking and driving), without a warrant upon
probable cause, without regard to whether the violation was committed in the officer's presence.
    Subd. 2. Fresh pursuit. When a peace officer has probable cause to believe that a person is
driving or operating a motor vehicle in violation of section 169A.20 (driving while impaired),
169A.31 (alcohol-related school bus or Head Start bus driving), or 169A.33 (underage drinking
and driving) and before a stop or arrest can be made the person escapes from the geographical
limits of the officer's jurisdiction, the officer in fresh pursuit of the person may stop or arrest the
person in another jurisdiction within this state and may exercise the powers and perform the duties
of a peace officer under this chapter. An officer acting in fresh pursuit pursuant to this section is
serving in the regular line of duty as fully as though within the officer's jurisdiction.
    Subd. 3. Certain DWI offenders; custodial arrest. Notwithstanding rule 6.01 of the Rules
of Criminal Procedure, a peace officer acting without a warrant who has decided to proceed with
the prosecution of a person for violating section 169A.20 (driving while impaired), shall arrest
and take the person into custody, and the person must be detained until the person's first court
appearance, if the officer has reason to believe that the violation occurred:
(1) under the circumstances described in section 169A.24 (first-degree driving while
impaired) or 169A.25 (second-degree driving while impaired);
(2) under the circumstances described in section 169A.26 (third-degree driving while
impaired) if the person is under the age of 19;
(3) in the presence of an aggravating factor described in section 169A.03, subdivision 3,
clause (2) or (3); or
(4) while the person's driver's license or driving privileges have been canceled under section
171.04, subdivision 1, clause (10) (persons not eligible for drivers' licenses, inimical to public
safety).
    Subd. 4. Other arrest powers not limited. The express grant of arrest powers in this section
does not limit the arrest powers of peace officers pursuant to sections 626.65 to 626.70 (uniform
law on fresh pursuit) or section 629.40 (allowing arrests anywhere in state) in cases of arrests for
violation of section 169A.20 (driving while impaired), 169A.31 (alcohol-related school bus or
Head Start bus driving), 169A.33 (underage drinking and driving), or any other provision of law.
History: 2000 c 478 art 1 s 21; 1Sp2001 c 8 art 11 s 10; 1Sp2001 c 9 art 19 s 11; 2002 c 379
art 1 s 113; 1Sp2003 c 2 art 9 s 10

169A.41 PRELIMINARY SCREENING TEST.
    Subdivision 1. When authorized. When a peace officer has reason to believe from the
manner in which a person is driving, operating, controlling, or acting upon departure from a motor
vehicle, or has driven, operated, or controlled a motor vehicle, that the driver may be violating or
has violated section 169A.20 (driving while impaired), 169A.31 (alcohol-related school bus or
Head Start bus driving), or 169A.33 (underage drinking and driving), the officer may require the
driver to provide a sample of the driver's breath for a preliminary screening test using a device
approved by the commissioner for this purpose.
    Subd. 2. Use of test results. The results of this preliminary screening test must be used
for the purpose of deciding whether an arrest should be made and whether to require the tests
authorized in section 169A.51 (chemical tests for intoxication), but must not be used in any
court action except the following:
(1) to prove that a test was properly required of a person pursuant to section 169A.51,
subdivision 1 ;
(2) in a civil action arising out of the operation or use of the motor vehicle;
(3) in an action for license reinstatement under section 171.19;
(4) in a prosecution for a violation of section 169A.20, subdivision 2 (driving while
impaired; test refusal);
(5) in a prosecution or juvenile court proceeding concerning a violation of section 169A.33
(underage drinking and driving), or 340A.503, subdivision 1, paragraph (a), clause (2) (underage
alcohol consumption);
(6) in a prosecution under section 169A.31, (alcohol-related school or Head Start bus
driving); or 171.30 (limited license); or
(7) in a prosecution for a violation of a restriction on a driver's license under section
171.09, which provides that the license holder may not use or consume any amount of alcohol
or a controlled substance.
    Subd. 3. Additional tests. Following the screening test additional tests may be required of
the driver pursuant to the provisions of section 169A.51 (chemical tests for intoxication).
    Subd. 4.[Repealed, 2006 c 260 art 2 s 20]
History: 2000 c 478 art 1 s 22; 1Sp2001 c 8 art 12 s 6

169A.42 VEHICLE IMPOUNDMENT UNDER ORDINANCE; REDEMPTION.
    Subdivision 1. Definition. As used in this section, "impoundment" means the removal of a
motor vehicle to a storage facility or impound lot as authorized by a local ordinance.
    Subd. 2. Redemption; prerequisites. If a motor vehicle is impounded by a peace officer
following the arrest or taking into custody of a driver for a violation of section 169A.20 (driving
while impaired), or an ordinance in conformity with it, the impounded vehicle must only be
released from impoundment:
(1) to the registered owner, a person authorized by the registered owner, a lienholder of
record, or a person who has purchased the vehicle from the registered owner, who provides proof
of ownership of the vehicle, proof of valid Minnesota driving privileges, and proof of insurance
required by law to cover the vehicle;
(2) if the vehicle is subject to a rental or lease agreement, to a renter or lessee with valid
Minnesota driving privileges who provides a copy of the rental or lease agreement and proof of
insurance required by law to cover the vehicle; or
(3) to an agent of a towing company authorized by a registered owner if the owner provides
proof of ownership of the vehicle and proof of insurance required by law to cover the vehicle.
    Subd. 3. To whom information provided. The proof of ownership and insurance or, if
applicable, the copy of the rental or lease agreement required by subdivision 2 must be provided
to the law enforcement agency impounding the vehicle or to a person or entity designated by the
law enforcement agency to receive the information.
    Subd. 4. Liability for storage costs. No law enforcement agency, local unit of government,
or state agency is responsible or financially liable for any storage fees incurred due to an
impoundment under this section.
History: 2000 c 478 art 1 s 23

169A.43 PROSECUTORIAL RESPONSIBILITY; VENUE; CRIMINAL HISTORY.
    Subdivision 1. Definition. As used in this section, "impaired driving offense" includes
violations of sections 169A.20 to 169A.33.
    Subd. 2. Prosecution. The attorney in the jurisdiction in which an impaired driving offense
occurred who is responsible for prosecution of misdemeanor-level impaired driving offenses is
also responsible for prosecution of gross misdemeanor-level impaired driving offenses.
    Subd. 3. Venue. (a) A violation of section 169A.20, subdivision 2 (refusal to submit to
chemical test) may be prosecuted either in the jurisdiction where the arresting officer observed
the defendant driving, operating, or in control of the motor vehicle or in the jurisdiction where
the refusal occurred.
(b) An underage drinking and driving offense may be prosecuted as provided in section
169A.33, subdivision 6 (underage drinking and driving).
    Subd. 4. Criminal history information. When an attorney responsible for prosecuting
impaired driving offenses requests criminal history information relating to prior impaired driving
convictions from a court, the court shall furnish the information without charge.
History: 2000 c 478 art 1 s 24

169A.44 CONDITIONAL RELEASE.
    Subdivision 1. Nonfelony violations. (a) This subdivision applies to a person charged with a
nonfelony violation of section 169A.20 (driving while impaired) under circumstances described
in section 169A.40, subdivision 3 (certain DWI offenders; custodial arrest).
(b) Unless maximum bail is imposed under section 629.471, 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 169A.20 within ten
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

169A.45 EVIDENCE.
    Subdivision 1. Alcohol concentration evidence. Upon the trial of any prosecution arising
out of acts alleged to have been committed by any person arrested for violating section 169A.20
(driving while impaired) or 169A.31 (alcohol-related school bus or Head Start bus driving), the
court may admit evidence of the presence or amount of alcohol in the person's blood, breath, or
urine as shown by an analysis of those items. In addition, in a prosecution for a violation of
section 169A.20, the court may admit evidence of the presence or amount in the person's blood,
breath, or urine, as shown by an analysis of those items, of:
(1) a controlled substance or its metabolite; or
(2) a hazardous substance.
    Subd. 2. Relevant evidence of impairment. For the purposes of section 169A.20 (driving
while impaired), evidence that there was at the time an alcohol concentration of 0.04 or more is
relevant evidence in indicating whether or not the person was under the influence of alcohol.
    Subd. 3. Evidence of refusal. Evidence of the refusal to take a test is admissible into
evidence in a prosecution under section 169A.20 (driving while impaired).
    Subd. 4. Other competent evidence admissible. The preceding provisions do not limit the
introduction of any other competent evidence bearing upon the question of whether the person
violated section 169A.20 (driving while impaired) or 169A.31 (alcohol-related school bus or
Head Start bus driving), including tests obtained more than two hours after the alleged violation
and results obtained from partial tests on an infrared or other approved breath-testing instrument.
A result from a partial test is the measurement obtained by analyzing one adequate breath sample,
as described in section 169A.51, subdivision 5, paragraph (b) (breath test using infrared or other
approved breath-testing instrument).
History: 2000 c 478 art 1 s 26; 2003 c 96 s 2; 2006 c 260 art 2 s 5

169A.46 AFFIRMATIVE DEFENSES.
    Subdivision 1. Impairment occurred after driving ceased. If proven by a preponderance of
the evidence, it is an affirmative defense to a violation of section 169A.20, subdivision 1, clause
(5) (driving while impaired, alcohol concentration within two hours of driving), or 169A.20 by a
person having an alcohol concentration of 0.20 or more as measured at the time, or within two
hours of the time, of the offense, 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 the level specified in the applicable clause. Evidence
that the defendant consumed alcohol after the time of the violation may not be admitted in defense
to any alleged violation of section 169A.20, unless notice is given to the prosecution prior to
the omnibus or pretrial hearing in the matter.
    Subd. 2. Impairment from prescription drug. If proven by a preponderance of the
evidence, it is an affirmative defense to a violation of section 169A.20 subdivision 1, clause
(7) (presence of schedule I or II controlled substance), 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.
History: 2000 c 478 art 1 s 27

169A.47 NOTICE OF ENHANCED PENALTY.
When a court sentences a person for a violation of sections 169A.20 to 169A.31 (impaired
driving offenses), it shall inform the defendant of the statutory provisions that provide for
enhancement of criminal penalties for repeat violators, and the provisions that provide for
administrative plate impoundment and forfeiture of motor vehicles used to commit an impaired
driving offense. The notice must describe the conduct and the time periods within which the
conduct must occur in order to result in increased penalties, plate impoundment, or forfeiture. The
failure of a court to provide this information to a defendant does not affect the future applicability
of these enhanced penalties to that defendant.
History: 2000 c 478 art 1 s 28

169A.48 IMMUNITY FROM LIABILITY.
    Subdivision 1. Definition. For purposes of this section, "political subdivision" means a
county, statutory or home rule charter city, or town.
    Subd. 2. Immunity. The state or political subdivision by which a peace officer making an
arrest for violation of sections 169A.20 to 169A.33 (impaired driving offenses), is employed has
immunity from any liability, civil or criminal, for the care or custody of the motor vehicle being
driven by, operated by, or in the physical control of the person arrested if the peace officer acts in
good faith and exercises due care.
History: 2000 c 478 art 1 s 29

ADMINISTRATIVE PROVISIONS

169A.50 CITATION.
Sections 169A.50 to 169A.53 may be cited as the Implied Consent Law.
History: 2000 c 478 art 1 s 30

169A.51 CHEMICAL TESTS FOR INTOXICATION.
    Subdivision 1. Implied consent; conditions; election of test. (a) Any person who drives,
operates, or is in physical control of a motor vehicle within this state or on any boundary water of
this state consents, subject to the provisions of sections 169A.50 to 169A.53 (implied consent
law), and section 169A.20 (driving while impaired), to a chemical test of that person's blood,
breath, or urine for the purpose of determining the presence of alcohol, a controlled substance
or its metabolite, or a hazardous substance. The test must be administered at the direction of
a peace officer.
(b) The test may be required of a person when an officer has probable cause to believe the
person was driving, operating, or in physical control of a motor vehicle in violation of section
169A.20 (driving while impaired), and one of the following conditions exist:
(1) the person has been lawfully placed under arrest for violation of section 169A.20 or
an ordinance in conformity with it;
(2) the person has been involved in a motor vehicle accident or collision resulting in property
damage, personal injury, or death;
(3) the person has refused to take the screening test provided for by section 169A.41
(preliminary screening test); or
(4) the screening test was administered and indicated an alcohol concentration of 0.08 or
more.
(c) The test may also be required of a person when an officer has probable cause to believe
the person was driving, operating, or in physical control of a commercial motor vehicle with
the presence of any alcohol.
    Subd. 2. Implied consent advisory. At the time a test is requested, the person must be
informed:
(1) that Minnesota law requires the person to take a test:
(i) to determine if the person is under the influence of alcohol, controlled substances, or
hazardous substances;
(ii) to determine the presence of a controlled substance listed in schedule I or II or metabolite,
other than marijuana or tetrahydrocannabinols; and
(iii) if the motor vehicle was a commercial motor vehicle, to determine the presence of
alcohol;
(2) that refusal to take a test is a crime;
(3) if the peace officer has probable cause to believe the person has violated the criminal
vehicular homicide and injury laws, that a test will be taken with or without the person's consent;
and
(4) that the person has the right to consult with an attorney, but that this right is limited to the
extent that it cannot unreasonably delay administration of the test.
    Subd. 3. Type of test. The peace officer who requires a test pursuant to this section may
direct whether the test is of blood, breath, or urine. Action may be taken against a person who
refuses to take a blood test only if an alternative test was offered and action may be taken against
a person who refuses to take a urine test only if an alternative test was offered.
    Subd. 4. Requirement of urine or blood test. Notwithstanding subdivision 3, a blood or
urine test may be required even after a breath test has been administered if there is probable
cause to believe that:
(1) there is impairment by a controlled substance or a hazardous substance that is not subject
to testing by a breath test; or
(2) a controlled substance listed in schedule I or II or its metabolite, other than marijuana or
tetrahydrocannabinols, is present in the person's body.
Action may be taken against a person who refuses to take a blood test under this subdivision
only if a urine test was offered and action may be taken against a person who refuses to take
a urine test only if a blood test was offered.
    Subd. 5. Breath test using approved breath-testing instrument. (a) In the case of a breath
test administered using an infrared or other approved breath-testing instrument, the test must
consist of analyses in the following sequence: one adequate breath-sample analysis, one control
analysis, and a second, adequate breath-sample analysis.
(b) In the case of a test administered using an infrared or other approved breath-testing
instrument, a sample is adequate if the instrument analyzes the sample and does not indicate the
sample is deficient.
(c) For purposes of section 169A.52 (revocation of license for test failure or refusal), when a
test is administered using an infrared or other approved breath-testing instrument, failure of a
person to provide two separate, adequate breath samples in the proper sequence constitutes
a refusal.
(d) For purposes of section 169A.52 (revocation of license for test failure or refusal), when
a test is administered using an infrared or other approved breath-testing instrument, a breath
test consisting of two separate, adequate breath samples within 0.02 alcohol concentration is
acceptable. A breath test consisting of two separate, adequate breath samples failing to meet this
criterion is deficient.
(e) If the first breath test is deficient, as defined by paragraph (d), a second breath test must
be administered.
(f) Two deficient breath tests, as defined by paragraph (d), constitute a refusal.
    Subd. 6. Consent of person incapable of refusal not withdrawn. A person who is
unconscious or who is otherwise in a condition rendering the person incapable of refusal is
deemed not to have withdrawn the consent provided by subdivision 1 and the test may be given.
    Subd. 7. Requirements for conducting tests; liability. (a) Only a physician, medical
technician, emergency medical technician-paramedic, registered nurse, medical technologist,
medical laboratory technician, phlebotomist, or laboratory assistant acting at the request of a
peace officer may withdraw blood for the purpose of determining the presence of alcohol, a
controlled substance or its metabolite, or a hazardous substance. This limitation does not apply to
the taking of a breath or urine sample.
    (b) The person tested has the right to have someone of the person's own choosing administer
a chemical test or tests in addition to any administered at the direction of a peace officer; provided,
that the additional test sample on behalf of the person is obtained at the place where the person is
in custody, after the test administered at the direction of a peace officer, and at no expense to the
state. The failure or inability to obtain an additional test or tests by a person does not preclude the
admission in evidence of the test taken at the direction of a peace officer unless the additional test
was prevented or denied by the peace officer.
    (c) The physician, medical technician, emergency medical technician-paramedic, medical
technologist, medical laboratory technician, laboratory assistant, phlebotomist, or registered nurse
drawing blood at the request of a peace officer for the purpose of determining the concentration
of alcohol, a controlled substance or its metabolite, or a hazardous substance is in no manner
liable in any civil or criminal action except for negligence in drawing the blood. The person
administering a breath test must be fully trained in the administration of breath tests pursuant to
training given by the commissioner of public safety.
History: 2000 c 478 art 1 s 31; 1Sp2001 c 8 art 12 s 7; 2003 c 96 s 3; 1Sp2003 c 2 art 9 s
12; 2004 c 283 s 4; 2006 c 260 art 2 s 6-9; 2007 c 54 art 3 s 2

169A.52 TEST REFUSAL OR FAILURE; LICENSE REVOCATION.
    Subdivision 1. Test refusal. If a person refuses to permit a test, then a test must not be
given, but the peace officer shall report the refusal to the commissioner and the authority having
responsibility for prosecution of impaired driving offenses for the jurisdiction in which the acts
occurred. However, if a peace officer has probable cause to believe that the person has violated
section 609.21 (criminal vehicular homicide and injury), a test may be required and obtained
despite the person's refusal. A refusal to submit to an alcohol concentration test does not constitute
a violation of section 609.50 (obstructing legal process), unless the refusal was accompanied by
force or violence or the threat of force or violence.
    Subd. 2. Reporting test failure. (a) If a person submits to a test, the results of that test must
be reported to the commissioner and to the authority having responsibility for prosecution of
impaired driving offenses for the jurisdiction in which the acts occurred, if the test results indicate:
(1) an alcohol concentration of 0.08 or more;
(2) an alcohol concentration of 0.04 or more, if the person was driving, operating, or in
physical control of a commercial motor vehicle at the time of the violation; or
(3) the presence of a controlled substance listed in schedule I or II or its metabolite, other
than marijuana or tetrahydrocannabinols.
(b) If a person submits to a test and the test results indicate the presence of a hazardous
substance, the results of that test must be reported to the authority having responsibility for
prosecution of impaired driving offenses for the jurisdiction in which the acts occurred.
    Subd. 3. Test refusal; license revocation. (a) Upon certification by the peace officer that
there existed probable cause to believe the person had been driving, operating, or in physical
control of a motor vehicle in violation of section 169A.20 (driving while impaired), and that the
person refused to submit to a test, the commissioner shall revoke the person's license or permit
to drive, or nonresident operating privilege, for a period of one year even if a test was obtained
pursuant to this section after the person refused to submit to testing.
(b) Upon certification by the peace officer that there existed probable cause to believe the
person had been driving, operating, or in physical control of a commercial motor vehicle with the
presence of any alcohol in violation of section 169A.20 (driving while impaired), and that the
person refused to submit to a test, the commissioner shall disqualify the person from operating a
commercial motor vehicle and shall revoke the person's license or permit to drive or nonresident
operating privilege according to the federal regulations adopted by reference in section 171.165,
subdivision 2 .
    Subd. 4. Test failure; license revocation. (a) Upon certification by the peace officer that
there existed probable cause to believe the person had been driving, operating, or in physical
control of a motor vehicle in violation of section 169A.20 (driving while impaired) and that the
person submitted to a test and the test results indicate an alcohol concentration of 0.08 or more
or the presence of a controlled substance listed in schedule I or II or its metabolite, other than
marijuana or tetrahydrocannabinols, then the commissioner shall revoke the person's license or
permit to drive, or nonresident operating privilege:
(1) for a period of 90 days;
(2) if the person is under the age of 21 years, for a period of six months;
(3) for a person with a qualified prior impaired driving incident within the past ten years,
for a period of 180 days; or
(4) if the test results indicate an alcohol concentration of 0.20 or more, for twice the
applicable period in clauses (1) to (3).
(b) On certification by the peace officer that there existed probable cause to believe the
person had been driving, operating, or in physical control of a commercial motor vehicle with any
presence of alcohol and that the person submitted to a test and the test results indicated an alcohol
concentration of 0.04 or more, the commissioner shall disqualify the person from operating a
commercial motor vehicle under section 171.165 (commercial driver's license disqualification).
(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau of
Criminal Apprehension, or authorized by the bureau to conduct the analysis of a blood or urine
sample, the laboratory may directly certify to the commissioner the test results, and the peace
officer shall certify to the commissioner that there existed probable cause to believe the person had
been driving, operating, or in physical control of a motor vehicle in violation of section 169A.20
and that the person submitted to a test. Upon receipt of both certifications, the commissioner shall
undertake the license actions described in paragraphs (a) and (b).
    Subd. 5. Unlicensed drivers; license issuance denial. If the person is a resident without
a license or permit to operate a motor vehicle in this state, the commissioner shall deny to the
person the issuance of a license or permit after the date of the alleged violation for the same
period as provided in this section for revocation, subject to review as provided in section 169A.53
(administrative and judicial review of license revocation).
    Subd. 6. Notice of revocation or disqualification; review. A revocation under this section
or a disqualification under section 171.165 (commercial driver's license disqualification)
becomes effective at the time the commissioner or a peace officer acting on behalf of the
commissioner notifies the person of the intention to revoke, disqualify, or both, and of revocation
or disqualification. The notice must advise the person of the right to obtain administrative and
judicial review as provided in section 169A.53 (administrative and judicial review of license
revocation). If mailed, the notice and order of revocation or disqualification is deemed received
three days after mailing to the last known address of the person.
    Subd. 7. Test refusal; driving privilege lost. (a) On behalf of the commissioner, a peace
officer requiring a test or directing the administration of a chemical test shall serve immediate
notice of intention to revoke and of revocation on a person who refuses to permit a test or on a
person who submits to a test the results of which indicate an alcohol concentration of 0.08 or more.
(b) On behalf of the commissioner, a peace officer requiring a test or directing the
administration of a chemical test of a person driving, operating, or in physical control of
a commercial motor vehicle shall serve immediate notice of intention to disqualify and of
disqualification on a person who refuses to permit a test, or on a person who submits to a test the
results of which indicate an alcohol concentration of 0.04 or more.
(c) The officer shall:
(1) invalidate the person's driver's license or permit card by clipping the upper corner of
the card in such a way that no identifying information including the photo is destroyed, and
immediately return the card to the person;
(2) issue the person a temporary license effective for only seven days; and
(3) send the notification of this action to the commissioner along with the certificate required
by subdivision 3 or 4.
    Subd. 8. Notice of action to other states. When a nonresident's privilege to operate a motor
vehicle in this state has been revoked or denied, the commissioner shall give information in
writing of the action taken to the official in charge of traffic control or public safety of the state of
the person's residence and of any state in which the person has a license.
History: 2000 c 478 art 1 s 32; 2004 c 282 s 1; 2004 c 283 s 5-7; 2005 c 136 art 18 s 3;
1Sp2005 c 6 art 3 s 54; 2006 c 260 art 2 s 10,11

169A.53 ADMINISTRATIVE AND JUDICIAL REVIEW OF LICENSE REVOCATION.
    Subdivision 1. Administrative review. (a) At any time during a period of revocation
imposed under section 169A.52 (revocation of license for test failure or refusal) or a period of
disqualification imposed under section 171.165 (commercial driver's license disqualification),
a person may request in writing a review of the order of revocation or disqualification by
the commissioner, unless the person is entitled to review under section 171.166 (review of
disqualification). Upon receiving a request the commissioner or the commissioner's designee
shall review the order, the evidence upon which the order was based, and any other material
information brought to the attention of the commissioner, and determine whether sufficient cause
exists to sustain the order. Within 15 days of receiving the request the commissioner shall report
in writing the results of the review. The review provided in this subdivision is not subject to the
contested case provisions of the Administrative Procedure Act in sections 14.001 to 14.69.
(b) The availability of administrative review for an order of revocation or disqualification
has no effect upon the availability of judicial review under this section.
(c) Review under this subdivision must take place, if possible, at the same time as any
administrative review of the person's impoundment order under section 169A.60, subdivision 9.
    Subd. 2. Petition for judicial review. (a) Within 30 days following receipt of a notice and
order of revocation or disqualification pursuant to section 169A.52 (revocation of license for test
failure or refusal), a person may petition the court for review. The petition must be filed with the
district court administrator in the county where the alleged offense occurred, together with proof
of service of a copy on the commissioner, and accompanied by the standard filing fee for civil
actions. Responsive pleading is not required of the commissioner, and court fees must not be
charged for the appearance of the commissioner in the matter.
(b) The petition must:
(1) be captioned in the full name of the person making the petition as petitioner and the
commissioner as respondent;
(2) include the petitioner's date of birth, driver's license number, and date of the offense; and
(3) state with specificity the grounds upon which the petitioner seeks rescission of the order
of revocation, disqualification, or denial.
(c) The filing of the petition does not stay the revocation, disqualification, or denial. The
reviewing court may order a stay of the balance of the revocation or disqualification if the
hearing has not been conducted within 60 days after filing of the petition upon terms the court
deems proper.
(d) Judicial reviews must be conducted according to the Rules of Civil Procedure, except
that prehearing discovery is mandatory and is limited to:
(1) the notice of revocation;
(2) the test record or, in the case of blood or urine tests, the certificate of analysis;
(3) the peace officer's certificate and any accompanying documentation submitted by the
arresting officer to the commissioner; and
(4) disclosure of potential witnesses, including experts, and the basis of their testimony.
Other types of discovery are available only upon order of the court.
    Subd. 3. Judicial hearing; issues, order, appeal. (a) A judicial review hearing under this
section must be before a district judge in any county in the judicial district where the alleged
offense occurred. The hearing is to the court and may be conducted at the same time and in the
same manner as hearings upon pretrial motions in the criminal prosecution under section 169A.20
(driving while impaired), if any. The hearing must be recorded. The commissioner shall appear
and be represented by the attorney general or through the prosecuting authority for the jurisdiction
involved. 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 judicial district administrator shall
establish procedures to ensure efficient compliance with this subdivision. To accomplish this,
the administrator may, whenever possible, consolidate and transfer review hearings among the
locations within the judicial district where terms of district court are held.
(b) The scope of the hearing is limited to the issues in clauses (1) to (10):
(1) Did the peace officer have probable cause to believe the person was driving, operating,
or in physical control of a motor vehicle or commercial motor vehicle in violation of section
169A.20 (driving while impaired)?
(2) Was the person lawfully placed under arrest for violation of section 169A.20?
(3) Was the person involved in a motor vehicle accident or collision resulting in property
damage, personal injury, or death?
(4) Did the person refuse to take a screening test provided for by section 169A.41
(preliminary screening test)?
(5) If the screening test was administered, did the test indicate an alcohol concentration of
0.08 or more?
(6) At the time of the request for the test, did the peace officer inform the person of the
person's rights and the consequences of taking or refusing the test as required by section 169A.51,
subdivision 2?
(7) Did the person refuse to permit the test?
(8) If a test was taken by a person driving, operating, or in physical control of a motor
vehicle, did the test results indicate at the time of testing:
(i) an alcohol concentration of 0.08 or more; or
(ii) the presence of a controlled substance listed in schedule I or II or its metabolite, other
than marijuana or tetrahydrocannabinols?
(9) If a test was taken by a person driving, operating, or in physical control of a commercial
motor vehicle, did the test results indicate an alcohol concentration of 0.04 or more at the time
of testing?
(10) Was the testing method used valid and reliable and were the test results accurately
evaluated?
(c) 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.
(d) Certified or otherwise authenticated copies of laboratory or medical personnel reports,
records, documents, licenses, and certificates are admissible as substantive evidence.
(e) The court shall order that the revocation or disqualification be either rescinded or
sustained and forward the order to the commissioner. The court shall file its order within 14
days following the hearing. If the revocation or disqualification is sustained, the court shall also
forward the person's driver's license or permit to the commissioner for further action by the
commissioner if the license or permit is not already in the commissioner's possession.
(f) Any party aggrieved by the decision of the reviewing court may appeal the decision as
provided in the Rules of Appellate Procedure.
(g) The civil hearing under this section shall not give rise to an estoppel on any issues arising
from the same set of circumstances in any criminal prosecution.
History: 2000 c 478 art 1 s 33; 2002 c 314 s 1; 1Sp2003 c 2 art 9 s 13; 2004 c 283 s 8;
2005 c 136 art 18 s 4; 2006 c 260 art 2 s 12

169A.54 DWI CONVICTIONS, ADJUDICATIONS; ADMINISTRATIVE PENALTIES.
    Subdivision 1. Revocation periods for DWI convictions. Except as provided in subdivision
7, the commissioner shall revoke the driver's license of a person convicted of violating section
169A.20 (driving while impaired) or an ordinance in conformity with it, as follows:
(1) for an offense under section 169A.20, subdivision 1 (driving while impaired crime):
not less than 30 days;
(2) for an offense under section 169A.20, subdivision 2 (refusal to submit to chemical
test crime): not less than 90 days;
(3) for an offense occurring within ten years of a qualified prior impaired driving incident:
(i) if the current conviction is for a violation of section 169A.20, subdivision 1, not less than
180 days and until the court has certified that treatment or rehabilitation has been successfully
completed where prescribed in accordance with section 169A.70 (chemical use assessments); or
(ii) if the current conviction is for a violation of section 169A.20, subdivision 2, not less than
one year and until the court has certified that treatment or rehabilitation has been successfully
completed where prescribed in accordance with section 169A.70;
(4) for an offense occurring within ten years of the first of two qualified prior impaired
driving incidents: not less than one year, together with denial under section 171.04, subdivision
1 , clause (10), until rehabilitation is established in accordance with standards established by
the commissioner; or
(5) for an offense occurring within ten years of the first of three or more qualified prior
impaired driving incidents: not less than two years, together with denial under section 171.04,
subdivision 1 , clause (10), until rehabilitation is established in accordance with standards
established by the commissioner.
    Subd. 2. Driving while impaired by person under age 21. If the person convicted of
violating section 169A.20 (driving while impaired) is under the age of 21 years at the time of the
violation, the commissioner shall revoke the offender's driver's license or operating privileges for
a period of six months or for the appropriate period of time under subdivision 1, clauses (1) to
(5), for the offense committed, whichever is the greatest period.
    Subd. 3. Juvenile adjudications. For purposes of this section, a juvenile adjudication under
section 169A.20 (driving while impaired), an ordinance in conformity with it, or a statute or
ordinance from another state in conformity with it is an offense.
    Subd. 4. Violations involving personal injury. Whenever department records show that
the violation involved personal injury or death to any person, at least 90 additional days must
be added to the base periods provided in subdivisions 1 to 3.
    Subd. 5. Violations involving alcohol concentration of 0.20 or more. If the person is
convicted of violating section 169A.20 (driving while impaired) while having an alcohol
concentration of 0.20 or more as measured at the time, or within two hours of the time, of the
offense, the commissioner shall revoke the person's driver's license for twice the period of time
otherwise provided for in this section.
    Subd. 6. Applicability of implied consent revocation. (a) Any person whose license has
been revoked pursuant to section 169A.52 (license revocation for test failure or refusal) as the
result of the same incident, and who does not have a qualified prior impaired driving incident, is
subject to the mandatory revocation provisions of subdivision 1, clause (1) or (2), in lieu of the
mandatory revocation provisions of section 169A.52.
(b) Paragraph (a) does not apply to:
(1) a person whose license has been revoked under subdivision 2 (driving while impaired
by person under age 21); or
(2) a person whose driver's license has been revoked for, or who is charged with, a violation
of section 169A.20 (driving while impaired) with an aggravating factor described in section
169A.03, subdivision 3, clause (2) or (3).
    Subd. 7. Alcohol-related commercial vehicle driving violations. (a) The administrative
penalties described in subdivision 1 do not apply to violations of section 169A.20, subdivision
1 (driving while impaired crime), by a person operating a commercial motor vehicle unless
the person's alcohol concentration as measured at the time, or within two hours of the time, of
the operation was 0.08 or more or the person violates section 169A.20, subdivision 1, clauses
(1) to (4) or (7).
(b) The commissioner shall disqualify a person from operating a commercial motor vehicle
as provided under section 171.165 (commercial driver's license, disqualification), on receipt of a
record of conviction for a violation of section 169A.20.
(c) A person driving, operating, or in physical control of a commercial motor vehicle with
any presence of alcohol is prohibited from operating a commercial motor vehicle for 24 hours
from issuance of an out-of-service order.
    Subd. 8. Underage drinking and driving violations. The administrative penalties described
in section 169A.33, subdivision 3, apply to violations of section 169A.33 (underage drinking
and driving).
    Subd. 9. Alcohol-related school bus driving violations. The administrative penalties
described in section 171.3215 (canceling school bus endorsements for certain offenses) apply
to violations of section 169A.20 (driving while impaired) by a person driving, operating, or in
physical control of a school bus or Head Start bus.
    Subd. 10. License revocation; court invalidation. (a) Except as provided in subdivision 7,
on behalf of the commissioner, a court shall serve notice of revocation or cancellation on a person
convicted of a violation of section 169A.20 (driving while impaired) unless the commissioner has
already revoked the person's driving privileges or served the person with a notice of revocation
for a violation of section 169A.52 (license revocation for test failure or refusal) arising out of the
same incident.
(b) The court shall invalidate the driver's license or permit in such a way that no identifying
information is destroyed.
    Subd. 11. Chemical use assessment. When the evidentiary test shows an alcohol
concentration of 0.07 or more, that result must be reported to the commissioner. The commissioner
shall record that fact on the driver's record. When the driver's record shows a second or
subsequent report of an alcohol concentration of 0.07 or more within two years of a recorded
report, the commissioner may require that the driver have a chemical use assessment meeting
the commissioner's requirements. The assessment must be at the driver's expense. In no event
shall the commissioner deny the license of a person who refuses to take the assessment or to
undertake treatment, if treatment is indicated by the assessment, for longer than 90 days. If an
assessment is made pursuant to this section, the commissioner may waive the assessment required
by section 169A.70.
History: 2000 c 478 art 1 s 34; 1Sp2001 c 8 art 12 s 8; 1Sp2003 c 2 art 9 s 14; 2004 c 283 s 9

169A.55 LICENSE REVOCATION TERMINATION; LICENSE REINSTATEMENT.
    Subdivision 1. Termination of revocation period. If the commissioner receives notice of
the driver's attendance at a driver improvement clinic, attendance at counseling sessions, or
participation in treatment for an alcohol problem, the commissioner may, 30 days prior to the time
the revocation period would otherwise expire, terminate the revocation period. The commissioner
shall not terminate the revocation period under this subdivision for a driver who has had a license
revoked under section 169A.52 (license revocation for test failure or refusal); 169A.54 (impaired
driving convictions and adjudications; administrative penalties); or Minnesota Statutes 1998,
section 169.121 (driving under the influence of alcohol or controlled substances); or 169.123
(implied consent) for another incident during the preceding three-year period.
    Subd. 2. Reinstatement of driving privileges; notice. Upon expiration of a period of
revocation under section 169A.52 (license revocation for test failure or refusal) or 169A.54
(impaired driving convictions and adjudications; administrative penalties), the commissioner
shall notify the person of the terms upon which driving privileges can be reinstated, and new
registration plates issued, which terms are: (1) successful completion of an examination and proof
of compliance with any terms of alcohol treatment or counseling previously prescribed, if any;
and (2) any other requirements imposed by the commissioner and applicable to that particular
case. The commissioner shall notify the owner of a motor vehicle subject to an impoundment
order under section 169A.60 (administrative impoundment of plates) as a result of the violation
of the procedures for obtaining new registration plates, if the owner is not the violator. The
commissioner shall also notify the person that if driving is resumed without reinstatement of
driving privileges or without valid registration plates and registration certificate, the person
will be subject to criminal penalties.
    Subd. 3. Reinstatement or issuance of provisional license. The commissioner shall not
issue a provisional or regular driver's license to a person whose provisional driver's license was
revoked for conviction as a juvenile of a violation of section 169A.20, 169A.33, or 169A.35; a
violation of a provision of sections 169A.50 to 169A.53; or a crash-related moving violation; until
the person, following the violation, reaches the age of 18 and satisfactorily:
(1) completes a formal course in driving instruction approved by the commissioner of public
safety;
(2) completes an additional three months' experience operating a motor vehicle, as
documented to the satisfaction of the commissioner;
(3) completes the written examination for a driver's license with a passing score; and
(4) complies with all other laws for reinstatement of a provisional or regular driver's license,
as applicable.
History: 2000 c 478 art 1 s 35; 2004 c 177 s 1; 2005 c 10 art 1 s 31

169A.60 ADMINISTRATIVE IMPOUNDMENT OF PLATES.
    Subdivision 1. Definitions. (a) As used in this section, the following terms have the
meanings given in this subdivision.
(b) "Family or household member" has the meaning given in section 169A.63, subdivision 1.
(c) "Motor vehicle" means a self-propelled motor vehicle other than a motorboat in operation
or an off-road recreational vehicle.
(d) "Plate impoundment violation" includes:
(1) a violation of section 169A.20 (driving while impaired) or 169A.52 (license revocation
for test failure or refusal), or a conforming ordinance from this state or a conforming statute or
ordinance from another state, that results in the revocation of a person's driver's license or driving
privileges, within ten years of a qualified prior impaired driving incident;
(2) a license disqualification under section 171.165 (commercial driver's license
disqualification) resulting from a violation of section 169A.52 within ten years of a qualified prior
impaired driving incident;
(3) a violation of section 169A.20 or 169A.52 while having an alcohol concentration of 0.20
or more as measured at the time, or within two hours of the time, of the offense;
(4) a violation of section 169A.20 or 169A.52 while having a child under the age of 16 in the
vehicle if the child is more than 36 months younger than the offender; and
(5) a violation of section 171.24 (driving without valid license) by a person whose driver's
license or driving privileges have been canceled under section 171.04, subdivision 1, clause (10)
(persons not eligible for driver's license, inimical to public safety).
(e) "Violator" means a person who was driving, operating, or in physical control of the motor
vehicle when the plate impoundment violation occurred.
    Subd. 2. Plate impoundment violation; impoundment order. (a) The commissioner shall
issue a registration plate impoundment order when:
(1) a person's driver's license or driving privileges are revoked for a plate impoundment
violation; or
(2) a person is arrested for or charged with a plate impoundment violation described in
subdivision 1, paragraph (d), clause (5).
(b) The order must require the impoundment of the registration plates of the motor vehicle
involved in the plate impoundment violation and all motor vehicles owned by, registered, or
leased in the name of the violator, including motor vehicles registered jointly or leased in the
name of the violator and another. The commissioner shall not issue an impoundment order for
the registration plates of a rental vehicle, as defined in section 168.041, subdivision 10, or a
vehicle registered in another state.
    Subd. 3. Notice of impoundment. An impoundment order is effective when the
commissioner or a peace officer acting on behalf of the commissioner notifies the violator or the
registered owner of the motor vehicle of the intent to impound and order of impoundment. The
notice must advise the violator of the duties and obligations set forth in subdivision 6 (surrender
of plates) and of the right to obtain administrative and judicial review. The notice to the registered
owner who is not the violator must include the procedure to obtain new registration plates under
subdivision 8. If mailed, the notice and order of impoundment is deemed received three days after
mailing to the last known address of the violator or the registered owner.
    Subd. 4. Peace officer as agent for notice of impoundment. On behalf of the commissioner,
a peace officer issuing a notice of intent to revoke and of revocation for a plate impoundment
violation shall also serve a notice of intent to impound and an order of impoundment. On behalf
of the commissioner, a peace officer who is arresting a person for or charging a person with a
plate impoundment violation described in subdivision 1, paragraph (d), clause (5), shall also
serve a notice of intent to impound and an order of impoundment. If the vehicle involved in
the plate impoundment violation is accessible to the officer at the time the impoundment order
is issued, the officer shall seize the registration plates subject to the impoundment order. The
officer shall destroy all plates seized or impounded under this section. The officer shall send to
the commissioner copies of the notice of intent to impound and the order of impoundment and a
notice that registration plates impounded and seized under this section have been destroyed.
    Subd. 5. Temporary permit. If the motor vehicle is registered to the violator, the officer
shall issue a temporary vehicle permit that is valid for seven days when the officer issues the
notices under subdivision 4. If the motor vehicle is registered in the name of another, the officer
shall issue a temporary vehicle permit that is valid for 45 days when the notices are issued under
subdivision 3. The permit must be in a form determined by the registrar and whenever practicable
must be posted on the left side of the inside rear window of the vehicle. A permit is valid only for
the vehicle for which it is issued.
    Subd. 6. Surrender of plates. Within seven days after issuance of the impoundment notice,
a person who receives a notice of impoundment and impoundment order shall surrender all
registration plates subject to the impoundment order that were not seized by a peace officer
under subdivision 4. Registration plates required to be surrendered under this subdivision must
be surrendered to a Minnesota police department, sheriff, or the State Patrol, along with a copy
of the impoundment order. A law enforcement agency receiving registration plates under this
subdivision shall destroy the plates and notify the commissioner that they have been destroyed.
The notification to the commissioner shall also include a copy of the impoundment order.
    Subd. 7. Vehicle not owned by violator. A violator may file a sworn statement with the
commissioner within seven days of the issuance of an impoundment order stating any material
information relating to the impoundment order, including that the vehicle has been sold or
destroyed, and supplying the date, name, location, and address of the person or entity that
purchased or destroyed the vehicle. The commissioner shall rescind the impoundment order if the
violator shows that the impoundment order was not properly issued.
    Subd. 8. Reissuance of registration plates. (a) The commissioner shall rescind the
impoundment order of a person subject to an order under this section, other than the violator, if:
(1) the violator had a valid driver's license on the date of the plate impoundment violation
and the person files with the commissioner an acceptable sworn statement containing the
following information:
(i) that the person is the registered owner of the vehicle from which the plates have been
impounded under this section;
(ii) that the person is the current owner and possessor of the vehicle used in the violation;
(iii) the date on which the violator obtained the vehicle from the registered owner;
(iv) the residence addresses of the registered owner and the violator on the date the violator
obtained the vehicle from the registered owner;
(v) that the person was not a passenger in the vehicle at the time of the plate impoundment
violation; and
(vi) that the person knows that the violator may not drive, operate, or be in physical control
of a vehicle without a valid driver's license; or
(2) the violator did not have a valid driver's license on the date of the plate impoundment
violation and the person made a report to law enforcement before the violation stating that the
vehicle had been taken from the person's possession or was being used without permission.
(b) A person who has failed to make a report as provided in paragraph (a), clause (2),
may be issued special registration plates under subdivision 13 for a period of one year from
the effective date of the impoundment order. Following this period, the person may apply for
regular registration plates.
(c) If the order is rescinded, the owner shall receive new registration plates at no cost, if the
plates were seized and destroyed.
    Subd. 9. Administrative review. (a) At any time during the effective period of an
impoundment order, a person may request in writing a review of the impoundment order by
the commissioner. On receiving a request, the commissioner or the commissioner's designee
shall review the order, the evidence upon which the order was based, and any other material
information brought to the attention of the commissioner, and determine whether sufficient cause
exists to sustain the order. The commissioner shall report in writing the results of the review
within 15 days of receiving the request. The review provided in this subdivision is not subject to
the contested case provisions of the Administrative Procedure Act in sections 14.001 to 14.69. As
a result of this review, the commissioner may authorize the issuance at no cost of new registration
plates to the registered owner of the vehicle if the registered owner's license or driving privileges
were not revoked as a result of the plate impoundment violation.
(b) Review under this subdivision must take place, if possible, at the same time as any
administrative review of the person's license revocation under section 169A.53 (administrative
and judicial review of license revocation).
    Subd. 10. Petition for judicial review. (a) Within 30 days following receipt of a notice and
order of impoundment under this section, a person may petition the court for review. The petition
must include proof of service of a copy of the petition on the commissioner. The petition must
include the petitioner's date of birth, driver's license number, and date of the plate impoundment
violation, as well as the name of the violator and the law enforcement agency that issued the plate
impoundment order. The petition must state with specificity the grounds upon which the petitioner
seeks rescission of the order for impoundment. The petition may be combined with any petition
filed under section 169A.53 (administrative and judicial review of license revocation).
(b) Except as otherwise provided in this section, the judicial review and hearing are
governed by section 169A.53 and must take place at the same time as any judicial review of the
person's license revocation under section 169A.53. The filing of the petition does not stay the
impoundment order. The reviewing court may order a stay of the balance of the impoundment
period if the hearing has not been conducted within 60 days after filing of the petition upon
terms the court deems proper. The court shall order either that the impoundment be rescinded
or sustained, and forward the order to the commissioner. The court shall file its order within 14
days following the hearing.
(c) In addition to the issues described in section 169A.53, subdivision 3 (judicial review of
license revocation), the scope of a hearing under this subdivision is limited to:
(1) if the impoundment is based on a plate impoundment violation described in subdivision
1, paragraph (d), clause (3) or (4), whether the peace officer had probable cause to believe the
violator committed the plate impoundment violation and whether the evidence demonstrates that
the plate impoundment violation occurred; and
(2) for all other cases, whether the peace officer had probable cause to believe the violator
committed the plate impoundment violation.
(d) In a hearing under this subdivision, the following records are admissible in evidence:
(1) certified copies of the violator's driving record; and
(2) certified copies of vehicle registration records bearing the violator's name.
    Subd. 11. Rescission of revocation and dismissal or acquittal; new plates. If:
(1) the driver's license revocation that is the basis for an impoundment order is rescinded; and
(2) the charges for the plate impoundment violation have been dismissed with prejudice or
the violator has been acquitted of the plate impoundment violation;
then the registrar of motor vehicles shall issue new registration plates for the vehicle at no cost,
when the registrar receives an application that includes a copy of the order rescinding the driver's
license revocation and either the order dismissing the charges or the judgment of acquittal.
    Subd. 12. Charge for reinstatement of plates in certain situations. When the registrar of
motor vehicles reinstates a person's registration plates after impoundment for reasons other than
those described in subdivision 11, the registrar shall charge the person $50 for each vehicle for
which the registration plates are being reinstated.
    Subd. 13. Special registration plates. (a) At any time during the effective period of an
impoundment order, a violator or registered owner may apply to the commissioner for new
registration plates, which must bear a special series of numbers or letters so as to be readily
identified by traffic law enforcement officers. The commissioner may authorize the issuance
of special plates if:
(1) the violator has a qualified licensed driver whom the violator must identify;
(2) the violator or registered owner has a limited license issued under section 171.30;
(3) the registered owner is not the violator and the registered owner has a valid or limited
driver's license;
(4) a member of the registered owner's household has a valid driver's license; or
(5) the violator has been reissued a valid driver's license.
(b) The commissioner may not issue new registration plates for that vehicle subject to plate
impoundment for a period of at least one year from the date of the impoundment order. In
addition, if the owner is the violator, new registration plates may not be issued for the vehicle
unless the person has been reissued a valid driver's license in accordance with chapter 171.
(c) A violator may not apply for new registration plates for a vehicle at any time before the
person's driver's license is reinstated.
(d) The commissioner may issue the special plates on payment of a $50 fee for each vehicle
for which special plates are requested.
(e) Paragraphs (a) to (d) notwithstanding, the commissioner must issue upon request new
registration plates for a vehicle for which the registration plates have been impounded if:
(1) the impoundment order is rescinded;
(2) the vehicle is transferred in compliance with subdivision 14; or
(3) the vehicle is transferred to a Minnesota automobile dealer licensed under section 168.27,
a financial institution that has submitted a repossession affidavit, or a government agency.
    Subd. 14. Sale of vehicle subject to impoundment order. (a) A registered owner may
not sell or transfer a motor vehicle during the time its registration plates have been ordered
impounded or during the time its registration plates bear a special series number, unless:
(1) the sale is for a valid consideration;
(2) the transferee and the registered owner are not family or household members;
(3) the transferee signs an acceptable sworn statement with the commissioner attesting that:
(i) the transferee and the violator are not family or household members;
(ii) the transferee understands that the vehicle is subject to an impoundment order; and
(iii) it is a crime under section 169A.37 to file a false statement under this section or to
allow the previously registered owner to drive, operate, or be in control of the vehicle during the
impoundment period; and
(4) all elements of section 168A.10 (transfer of interest by owner) are satisfied.
(b) If the conditions of paragraph (a) are satisfied, the registrar may transfer the title to the
new owner upon proper application and issue new registration plates for the vehicle.
    Subd. 15. Acquiring another vehicle. If the violator applies to the commissioner for
registration plates for any vehicle during the effective period of the plate impoundment, the
commissioner shall not issue registration plates unless the violator qualifies for special registration
plates under subdivision 13 and unless the plates issued are special plates as described in
subdivision 13.
    Subd. 16. Fees credited. Fees collected from the sale or reinstatement of license plates under
this section must be paid into the state treasury and credited one-half to the vehicle services
operating account in the special revenue fund specified in section 299A.705 and one-half to
the general fund.
    Subd. 17. Plate impoundment; penalty. Criminal penalties for violating this section are
governed by section 169A.37.
    Subd. 18. Stop of vehicles bearing special plates. The authority of a peace officer to stop a
vehicle bearing special plates is governed by section 168.0422.
History: 2000 c 478 art 1 s 36; 1Sp2001 c 8 art 12 s 9-11; 1Sp2003 c 2 art 9 s 15,16; 2004 c
235 s 1,2; 2005 c 136 art 18 s 5,6; 1Sp2005 c 6 art 2 s 36; 2006 c 260 art 2 s 13,14

169A.63 VEHICLE FORFEITURE.
    Subdivision 1. Definitions. (a) As used in this section, the following terms have the
meanings given them.
(b) "Appropriate agency" means a law enforcement agency that has the authority to make an
arrest for a violation of a designated offense or to require a test under section 169A.51 (chemical
tests for intoxication).
(c) "Claimant" means an owner of a motor vehicle or a person claiming a leasehold or
security interest in a motor vehicle.
(d) "Designated license revocation" includes a license revocation under section 169A.52
(license revocation for test failure or refusal) or a license disqualification under section 171.165
(commercial driver's license disqualification) resulting from a violation of section 169A.52;
within ten years of the first of two or more qualified prior impaired driving incidents.
(e) "Designated offense" includes:
(1) a violation of section 169A.20 (driving while impaired) under the circumstances
described in section 169A.24 (first-degree driving while impaired), or 169A.25 (second-degree
driving while impaired); or
(2) a violation of section 169A.20 or an ordinance in conformity with it:
(i) by a person whose driver's license or driving privileges have been canceled as inimical to
public safety under section 171.04, subdivision 1, clause (10), and not reinstated; or
(ii) by a person who is subject to a restriction on the person's driver's license under section
171.09 (commissioner's license restrictions), which provides that the person may not use or
consume any amount of alcohol or a controlled substance.
(f) "Family or household member" means:
(1) a parent, stepparent, or guardian;
(2) any of the following persons related by blood, marriage, or adoption: brother, sister,
stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent, great-grandparent,
great-uncle, great-aunt; or
(3) persons residing together or persons who regularly associate and communicate with
one another outside of a workplace setting.
(g) "Motor vehicle" and "vehicle" do not include a vehicle which is stolen or taken in
violation of the law.
(h) "Owner" means a person legally entitled to possession, use, and control of a motor
vehicle, including a lessee of a motor vehicle if the lease agreement has a term of 180 days or
more. There is a rebuttable presumption that a person registered as the owner of a motor vehicle
according to the records of the Department of Public Safety is the legal owner. For purposes of
this section, if a motor vehicle is owned jointly by two or more people, each owner's interest
extends to the whole of the vehicle and is not subject to apportionment.
(i) "Prosecuting authority" means the attorney in the jurisdiction in which the designated
offense occurred who is responsible for prosecuting violations of a designated offense or a
designee. If a state agency initiated the forfeiture, and the attorney responsible for prosecuting the
designated offense declines to pursue forfeiture, the Attorney General's Office or its designee may
initiate forfeiture under this section.
(j) "Security interest" means a bona fide security interest perfected according to section
168A.17, subdivision 2, based on a loan or other financing that, if a vehicle is required to be
registered under chapter 168, is listed on the vehicle's title.
    Subd. 2. Seizure. (a) A motor vehicle subject to forfeiture under this section may be seized
by the appropriate agency upon process issued by any court having jurisdiction over the vehicle.
(b) Property may be seized without process if:
(1) the seizure is incident to a lawful arrest or a lawful search;
(2) the vehicle subject to seizure has been the subject of a prior judgment in favor of the state
in a criminal injunction or forfeiture proceeding under this section; or
(3) the appropriate agency has probable cause to believe that the delay occasioned by the
necessity to obtain process would result in the removal or destruction of the vehicle. If property
is seized without process under this clause, the prosecuting authority must institute a forfeiture
action under this section as soon as is reasonably possible by serving a notice of seizure and intent
to forfeit at the address of the owner as listed in the records of the Department of Public Safety.
    Subd. 3. Right to possession vests immediately; custody. All right, title, and interest in a
vehicle subject to forfeiture under this section vests in the appropriate agency upon commission
of the conduct resulting in the designated offense or designated license revocation giving rise
to the forfeiture. Any vehicle seized under this section is not subject to replevin, but is deemed
to be in the custody of the appropriate agency subject to the orders and decrees of the court
having jurisdiction over the forfeiture proceedings. When a vehicle is seized under this section,
the appropriate agency may:
(1) place the vehicle under seal;
(2) remove the vehicle to a place designated by it;
(3) place a disabling device on the vehicle; and
(4) take other steps reasonable and necessary to secure the vehicle and prevent waste.
    Subd. 4. Bond by owner for possession. If the owner of a vehicle that has been seized under
this section seeks possession of the vehicle before the forfeiture action is determined, the owner
may, subject to the approval of the appropriate agency, give security or post bond payable to the
appropriate agency in an amount equal to the retail value of the seized vehicle. On posting the
security or bond, the seized vehicle may be returned to the owner only if a disabling device is
attached to the vehicle. The forfeiture action must proceed against the security as if it were the
seized vehicle.
    Subd. 5. Evidence. Certified copies of court records and motor vehicle and driver's license
records concerning qualified prior impaired driving incidents are admissible as substantive
evidence where necessary to prove the commission of a designated offense or the occurrence
of a designated license revocation.
    Subd. 6. Vehicle subject to forfeiture. (a) A motor vehicle is subject to forfeiture under
this section if it was used in the commission of a designated offense or was used in conduct
resulting in a designated license revocation.
(b) Motorboats subject to seizure and forfeiture under this section also include their trailers.
    Subd. 7. Limitations on vehicle forfeiture. (a) A vehicle is presumed subject to forfeiture
under this section if:
(1) the driver is convicted of the designated offense upon which the forfeiture is based;
(2) the driver fails to appear for a scheduled court appearance with respect to the designated
offense charged and fails to voluntarily surrender within 48 hours after the time required for
appearance; or
(3) the driver's conduct results in a designated license revocation and the driver fails to seek
judicial review of the revocation in a timely manner as required by section 169A.53, subdivision
2 , (petition for judicial review), or the license revocation is judicially reviewed and sustained
under section 169A.53, subdivision 2.
(b) A vehicle encumbered by a security interest perfected according to section 168A.17,
subdivision 2 , or subject to a lease that has a term of 180 days or more, is subject to the interest of
the secured party or lessor unless the party or lessor had knowledge of or consented to the act upon
which the forfeiture is based. However, when the proceeds of the sale of a seized vehicle do not
equal or exceed the outstanding loan balance, the appropriate agency shall remit all proceeds of the
sale to the secured party after deducting the agency's costs for the seizure, tow, storage, forfeiture,
and sale of the vehicle. If the sale of the vehicle is conducted in a commercially reasonable manner
consistent with the provisions of section 336.9-610, the agency is not liable to the secured party
for any amount owed on the loan in excess of the sale proceeds. The validity and amount of a
nonperfected security interest must be established by its holder by clear and convincing evidence.
(c) Notwithstanding paragraph (b), the secured party's or lessor's interest in a vehicle is
not subject to forfeiture based solely on the secured party's or lessor's knowledge of the act
or omission upon which the forfeiture is based if the secured party or lessor demonstrates by
clear and convincing evidence that the party or lessor took reasonable steps to terminate use of
the vehicle by the offender.
(d) A motor vehicle is not subject to forfeiture under this section if its owner can demonstrate
by clear and convincing evidence that the owner did not have actual or constructive knowledge
that the vehicle would be used or operated in any manner contrary to law or that the owner took
reasonable steps to prevent use of the vehicle by the offender. If the offender is a family or
household member of the owner and has three or more prior impaired driving convictions, the
owner is presumed to know of any vehicle use by the offender that is contrary to law. "Vehicle use
contrary to law" includes, but is not limited to, violations of the following statutes:
(1) section 171.24 (violations; driving without valid license);
(2) section 169.791 (criminal penalty for failure to produce proof of insurance);
(3) section 171.09 (driving restrictions; authority, violations);
(4) section 169A.20 (driving while impaired);
(5) section 169A.33 (underage drinking and driving); and
(6) section 169A.35 (open bottle law).
    Subd. 8. Administrative forfeiture procedure. (a) A motor vehicle used to commit a
designated offense or used in conduct resulting in a designated license revocation is subject to
administrative forfeiture under this subdivision.
(b) When a motor vehicle is seized under subdivision 2, or within a reasonable time after
seizure, the appropriate agency shall serve the driver or operator of the vehicle with a notice of
the seizure and intent to forfeit the vehicle. Additionally, when a motor vehicle is seized under
subdivision 2, or within a reasonable time after that, all persons known to have an ownership,
possessory, or security interest in the vehicle must be notified of the seizure and the intent to
forfeit the vehicle. For those vehicles required to be registered under chapter 168, the notification
to a person known to have a security interest in the vehicle is required only if the vehicle is
registered under chapter 168 and the interest is listed on the vehicle's title. Notice mailed by
certified mail to the address shown in Department of Public Safety records is sufficient notice to
the registered owner of the vehicle. For motor vehicles not required to be registered under chapter
168, notice mailed by certified mail to the address shown in the applicable filing or registration for
the vehicle is sufficient notice to a person known to have an ownership, possessory, or security
interest in the vehicle. Otherwise, notice may be given in the manner provided by law for service
of a summons in a civil action.
(c) The notice must be in writing and contain:
(1) a description of the vehicle seized;
(2) the date of seizure; and
(3) notice of the right to obtain judicial review of the forfeiture and of the procedure
for obtaining that judicial review, printed in English, Hmong, and Spanish. Substantially the
following language must appear conspicuously: "IF YOU DO NOT DEMAND JUDICIAL
REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA STATUTES, SECTION 169A.63,
SUBDIVISION 8, YOU LOSE THE RIGHT TO A JUDICIAL DETERMINATION
OF THIS FORFEITURE AND YOU LOSE ANY RIGHT YOU MAY HAVE TO THE
ABOVE-DESCRIBED PROPERTY. YOU MAY NOT HAVE TO PAY THE FILING FEE
FOR THE DEMAND IF DETERMINED YOU ARE UNABLE TO AFFORD THE FEE.
IF THE PROPERTY IS WORTH $7,500 OR LESS, YOU MAY FILE YOUR CLAIM IN
CONCILIATION COURT. YOU DO NOT HAVE TO PAY THE CONCILIATION COURT
FILING FEE IF THE PROPERTY IS WORTH LESS THAN $500."
(d) Within 30 days following service of a notice of seizure and forfeiture under this
subdivision, a claimant may file a demand for a judicial determination of the forfeiture. The
demand must be in the form of a civil complaint and must be filed with the court administrator in
the county in which the seizure occurred, together with proof of service of a copy of the complaint
on the prosecuting authority having jurisdiction over the forfeiture and the appropriate agency
that initiated the forfeiture, including the standard filing fee for civil actions unless the petitioner
has the right to sue in forma pauperis under section 563.01. If the value of the seized property is
$7,500 or less, the claimant may file an action in conciliation court for recovery of the seized
vehicle. A copy of the conciliation court statement of claim must be served personally or by mail
on the prosecuting authority having jurisdiction over the forfeiture, as well as on the appropriate
agency that initiated the forfeiture, within 30 days following service of the notice of seizure and
forfeiture under this subdivision. If the value of the seized property is less than $500, the claimant
does not have to pay the conciliation court filing fee.
No responsive pleading is required of the prosecuting authority and no court fees may be
charged for the prosecuting authority's appearance in the matter. The prosecuting authority may
appear for the appropriate agency. Pleadings, filings, and methods of service are governed by the
Rules of Civil Procedure.
(e) The complaint must be captioned in the name of the claimant as plaintiff and the seized
vehicle as defendant, and must state with specificity the grounds on which the claimant alleges the
vehicle was improperly seized, the claimant's interest in the vehicle seized, and any affirmative
defenses the claimant may have. Notwithstanding any law to the contrary, an action for the
return of a vehicle seized under this section may not be maintained by or on behalf of any person
who has been served with a notice of seizure and forfeiture unless the person has complied
with this subdivision.
(f) If the claimant makes a timely demand for a judicial determination under this subdivision,
the forfeiture proceedings must be conducted as provided under subdivision 9.
    Subd. 9. Judicial forfeiture procedure. (a) This subdivision governs judicial determinations
of the forfeiture of a motor vehicle used to commit a designated offense or used in conduct
resulting in a designated license revocation. An action for forfeiture is a civil in rem action
and is independent of any criminal prosecution. All proceedings are governed by the Rules
of Civil Procedure.
(b) If no demand for judicial determination of the forfeiture is pending, the prosecuting
authority may, in the name of the jurisdiction pursuing the forfeiture, file a separate complaint
against the vehicle, describing it, specifying that it was used in the commission of a designated
offense or was used in conduct resulting in a designated license revocation, and specifying the
time and place of its unlawful use.
(c) The prosecuting authority may file an answer to a properly served demand for judicial
determination, including an affirmative counterclaim for forfeiture. The prosecuting authority is
not required to file an answer.
(d) A judicial determination under this subdivision must not precede adjudication in the
criminal prosecution of the designated offense without the consent of the prosecuting authority.
The district court administrator shall schedule the hearing as soon as practicable after adjudication
in the criminal prosecution. The district court administrator shall establish procedures to ensure
efficient compliance with this subdivision. The hearing is to the court without a jury.
(e) There is a presumption that a vehicle seized under this section is subject to forfeiture if
the prosecuting authority establishes that the vehicle was used in the commission of a designated
offense or designated license revocation. A claimant bears the burden of proving any affirmative
defense raised.
(f) If the forfeiture is based on the commission of a designated offense and the person
charged with the designated offense appears in court as required and is not convicted of the
offense, the court shall order the property returned to the person legally entitled to it upon that
person's compliance with the redemption requirements of section 169A.42. If the forfeiture is
based on a designated license revocation, and the license revocation is rescinded under section
169A.53, subdivision 3 (judicial review hearing, issues, order, appeal), the court shall order the
property returned to the person legally entitled to it upon that person's compliance with the
redemption requirements of section 169A.42.
(g) If the lawful ownership of the vehicle used in the commission of a designated offense or
used in conduct resulting in a designated license revocation can be determined and the owner
makes the demonstration required under subdivision 7, paragraph (d), the vehicle must be returned
immediately upon the owner's compliance with the redemption requirements of section 169A.42.
(h) If the court orders the return of a seized vehicle under this subdivision it must order
that filing fees be reimbursed to the person who filed the demand for judicial determination.
In addition, the court may order sanctions under section 549.211 (sanctions in civil actions).
Any reimbursement fees or sanctions must be paid from other forfeiture proceeds of the law
enforcement agency and prosecuting authority involved and in the same proportion as distributed
under subdivision 10, paragraph (b).
    Subd. 10. Disposition of forfeited vehicle. (a) If the vehicle is administratively forfeited
under subdivision 8, or if the court finds under subdivision 9 that the vehicle is subject to
forfeiture under subdivisions 6 and 7, the appropriate agency shall:
(1) sell the vehicle and distribute the proceeds under paragraph (b); or
(2) keep the vehicle for official use. If the agency keeps a forfeited motor vehicle for official
use, it shall make reasonable efforts to ensure that the motor vehicle is available for use by the
agency's officers who participate in the drug abuse resistance education program.
(b) The proceeds from the sale of forfeited vehicles, after payment of seizure, towing,
storage, forfeiture, and sale expenses, and satisfaction of valid liens against the property, must
be distributed as follows:
(1) 70 percent of the proceeds must be forwarded to the appropriate agency for deposit as a
supplement to the state or local agency's operating fund or similar fund for use in DWI-related
enforcement, training, and education; and
(2) 30 percent of the money or proceeds must be forwarded to the prosecuting authority
that handled the forfeiture for deposit as a supplement to its operating fund or similar fund for
prosecutorial purposes.
    Subd. 11. Sale of forfeited vehicle by secured party. (a) A financial institution with a valid
security interest in or a valid lease covering a forfeited vehicle may choose to dispose of the
vehicle under this subdivision, in lieu of the appropriate agency disposing of the vehicle under
subdivision 9. A financial institution wishing to dispose of a vehicle under this subdivision shall
notify the appropriate agency of its intent, in writing, within 30 days after receiving notice of the
seizure and forfeiture. The appropriate agency shall release the vehicle to the financial institution
or its agent after the financial institution presents proof of its valid security agreement or of its
lease agreement and the financial institution agrees not to sell the vehicle to a member of the
violator's household, unless the violator is not convicted of the offense on which the forfeiture
is based. The financial institution shall dispose of the vehicle in a commercially reasonable
manner as defined in section 336.9-610.
(b) After disposing of the forfeited vehicle, the financial institution shall reimburse the
appropriate agency for its seizure, storage, and forfeiture costs. The financial institution may then
apply the proceeds of the sale to its storage costs, to its sale expenses, and to satisfy the lien or the
lease on the vehicle. If any proceeds remain, the financial institution shall forward the proceeds to
the state treasury, which shall credit the appropriate fund as specified in subdivision 9.
History: 2000 c 466 s 3,4; 2000 c 478 art 1 s 37; art 2 s 7; 2000 c 495 s 46; 2001 c 195 art 2
s 8,9; 1Sp2001 c 8 art 11 s 11; art 12 s 12,13; 1Sp2001 c 9 art 19 s 12; 2002 c 379 art 1 s 113;
2004 c 235 s 3-8; 2005 c 136 art 18 s 7; 1Sp2005 c 1 art 2 s 139

MISCELLANEOUS PROVISIONS

169A.70 ALCOHOL SAFETY PROGRAMS; CHEMICAL USE ASSESSMENTS.
    Subdivision 1. Alcohol safety programs; establishment. (a) The county board of every
county shall establish an alcohol safety program designed to provide chemical use assessments of
persons convicted of an offense enumerated in subdivision 2.
(b) County boards may enter into an agreement to establish a regional alcohol safety
program. County boards may contract with other counties and agencies for alcohol problem
screening and chemical use assessment services.
    Subd. 2. Chemical use assessment requirement. A chemical use assessment must be
conducted and an assessment report submitted to the court and to the Department of Public Safety
by the county agency administering the alcohol safety program when:
(1) the defendant is convicted of an offense described in section 169A.20 (driving while
impaired), 169A.31 (alcohol-related school bus and Head Start bus driving), or 360.0752
(impaired aircraft operation); or
(2) the defendant is arrested for committing an offense described in clause (1) but is
convicted of another offense arising out of the circumstances surrounding the arrest.
    Subd. 3. Assessment report. (a) The assessment report must be on a form prescribed by
the commissioner and shall contain an evaluation of the convicted defendant concerning the
defendant's prior traffic and criminal record, characteristics and history of alcohol and chemical
use problems, and amenability to rehabilitation through the alcohol safety program. The report is
classified as private data on individuals as defined in section 13.02, subdivision 12.
(b) The assessment report must include:
(1) a diagnosis of the nature of the offender's chemical and alcohol involvement;
(2) an assessment of the severity level of the involvement;
(3) a recommended level of care for the offender in accordance with the criteria contained
in rules adopted by the commissioner of human services under section 254A.03, subdivision 3
(chemical dependency treatment rules);
(4) an assessment of the offender's placement needs;
(5) recommendations for other appropriate remedial action or care, including aftercare
services in section 254B.01, subdivision 3, that may consist of educational programs, one-on-one
counseling, a program or type of treatment that addresses mental health concerns, or a
combination of them; and
(6) a specific explanation why no level of care or action was recommended, if applicable.
    Subd. 4. Assessor standards; rules; assessment time limits. A chemical use assessment
required by this section must be conducted by an assessor appointed by the court. The assessor
must meet the training and qualification requirements of rules adopted by the commissioner of
human services under section 254A.03, subdivision 3 (chemical dependency treatment rules).
Notwithstanding section 13.82 (law enforcement data), the assessor shall have access to any
police reports, laboratory test results, and other law enforcement data relating to the current
offense or previous offenses that are necessary to complete the evaluation. An assessor providing
an assessment under this section may not have any direct or shared financial interest or referral
relationship resulting in shared financial gain with a treatment provider, except as authorized
under section 254A.19, subdivision 3. If an independent assessor is not available, the court
may use the services of an assessor authorized to perform assessments for the county social
services agency under a variance granted under rules adopted by the commissioner of human
services under section 254A.03, subdivision 3. An appointment for the defendant to undergo
the assessment must be made by the court, a court services probation officer, or the court
administrator as soon as possible but in no case more than one week after the defendant's court
appearance. The assessment must be completed no later than three weeks after the defendant's
court appearance. If the assessment is not performed within this time limit, the county where the
defendant is to be sentenced shall perform the assessment. The county of financial responsibility
must be determined under chapter 256G.
    Subd. 5. Applicability to nonresident. This section does not apply to a person who is not a
resident of the state of Minnesota at the time of the offense and at the time of the assessment.
    Subd. 6. Method of assessment. (a) As used in this subdivision, "collateral contact" means
an oral or written communication initiated by an assessor for the purpose of gathering information
from an individual or agency, other than the offender, to verify or supplement information
provided by the offender during an assessment under this section. The term includes contacts with
family members and criminal justice agencies.
(b) An assessment conducted under this section must include at least one personal interview
with the offender designed to make a determination about the extent of the offender's past
and present chemical and alcohol use or abuse. It must also include collateral contacts and a
review of relevant records or reports regarding the offender including, but not limited to, police
reports, arrest reports, driving records, chemical testing records, and test refusal records. If the
offender has a probation officer, the officer must be the subject of a collateral contact under this
subdivision. If an assessor is unable to make collateral contacts, the assessor shall specify why
collateral contacts were not made.
    Subd. 7. Preconviction assessment. (a) The court may not accept a chemical use assessment
conducted before conviction as a substitute for the assessment required by this section unless the
court ensures that the preconviction assessment meets the standards described in this section.
(b) If the commissioner of public safety is making a decision regarding reinstating a person's
driver's license based on a chemical use assessment, the commissioner shall ensure that the
assessment meets the standards described in this section.
History: 2000 c 478 art 1 s 38; 2005 c 136 art 18 s 8-10; 2007 c 147 art 12 s 9

169A.71 RESEARCH PROGRAMS.
No person is guilty of a violation of section 169A.20 (driving while impaired) committed
while participating in a research or demonstration project conducted by the Minnesota Highway
Safety Center. This section applies only to conduct occurring while operating a state-owned
vehicle under the supervision of personnel of the center on the grounds of the center.
History: 2000 c 478 art 1 s 39

169A.72 DRIVER EDUCATION PROGRAMS.
Driver training courses offered through the public schools and driver training courses offered
by private or commercial schools or institutes shall include instruction which must encompass at
least:
(1) information on the effects of consumption of beverage alcohol products and the use of
illegal drugs, prescription drugs, and nonprescription drugs on the ability of a person to operate a
motor vehicle;
(2) the hazards of driving while under the influence of alcohol or drugs; and
(3) the legal penalties and financial consequences resulting from violations of laws
prohibiting the operation of a motor vehicle while under the influence of alcohol or drugs.
History: 2000 c 478 art 1 s 40

169A.73 REMOTE ELECTRONIC ALCOHOL-MONITORING PROGRAM.
    Subdivision 1. Definitions. As used in this section:
(1) "breath analyzer unit" means a device that performs breath alcohol testing and is
connected to a remote electronic alcohol-monitoring system; and
(2) "remote electronic alcohol-monitoring system" means a system that electronically
monitors the alcohol concentration of individuals in their homes or other locations to ensure
compliance with conditions of pretrial release, supervised release, or probation.
    Subd. 2. Program established. In cooperation with the Conference of Chief Judges, the
state court administrator, and the commissioner of public safety, the commissioner of corrections
shall establish a program to use breath analyzer units to monitor impaired driving offenders who
are ordered to abstain from alcohol use as a condition of pretrial release, supervised release, or
probation. The program must include procedures to ensure that violators of this condition of
release receive swift consequences for the violation.
    Subd. 3. Cost of program. Offenders who are ordered to participate in the program shall
also be ordered to pay the per diem cost of the monitoring unless the offender is indigent. The
commissioner of corrections shall reimburse the judicial districts in a manner proportional to their
use of remote electronic alcohol monitoring for any costs the districts incur in participating
in the program.
    Subd. 4. Report required. By January 1, 2004, the commissioner of corrections shall
evaluate the effectiveness of the program and report the results of this evaluation to the
Conference of Chief Judges, the state court administrator, the commissioner of public safety, and
the chairs and ranking minority members of the house and senate committees and divisions
having jurisdiction over criminal justice policy and funding.
History: 2000 c 478 art 1 s 41

169A.74 PILOT PROGRAMS OF INTENSIVE PROBATION.
    Subdivision 1. Grant application. The commissioners of corrections and public safety, in
cooperation with the commissioner of human services, shall jointly administer a program to
provide grants to counties to establish and operate programs of intensive probation for repeat
violators of the driving while impaired laws. The commissioners shall adopt an application
form on which a county or a group of counties may apply for a grant to establish and operate
an impaired driving repeat offender program.
    Subd. 2. Goals. The goals of the impaired driving repeat offender program are to protect
public safety and provide an appropriate sentencing alternative for persons convicted of repeat
violations of section 169A.20 (driving while impaired), who are considered to be of high risk to
the community.
    Subd. 3. Program elements. To be considered for a grant under this section, a county
program must contain the following elements:
(1) an initial assessment of the offender's chemical dependency, based on the results of a
chemical use assessment conducted under section 169A.70, with recommended treatment and
aftercare, and a requirement that the offender follow the recommended treatment and aftercare;
(2) several stages of probation supervision, including:
(i) a period of incarceration in a local or regional detention facility;
(ii) a period during which an offender is, at all times, either working, on home detention,
being supervised at a program facility, or traveling between two of these locations;
(iii) a period of home detention; and
(iv) a period of gradually decreasing involvement with the program;
(3) decreasing levels of intensity and contact with probation officials based on the offender's
successful participation in the program and compliance with its rules;
(4) a provision for increasing the severity of the program's requirements when an offender
offends again or violates the program's rules;
(5) a provision for offenders to continue or seek employment during their period of intensive
probation;
(6) a requirement that offenders abstain from alcohol and controlled substances during the
probation period and be tested for such use on a routine basis; and
(7) a requirement that all or a substantial part of the costs of the program be paid by the
offenders.
    Subd. 4. Training. Counties participating in the program shall provide relevant training in
intensive probation programs to affected officials.
History: 2000 c 478 art 1 s 42

169A.75 IMPAIRED DRIVING-RELATED RULES.
(a) The commissioner may adopt rules to carry out the provisions of this chapter. The rules
may include the format for notice of intention to revoke that describe clearly the right to a hearing,
the procedure for requesting a hearing, and the consequences of failure to request a hearing; the
format for revocation and notice of reinstatement of driving privileges as provided in section
169A.55; and the format for temporary licenses.
(b) Rules adopted pursuant to this section are subject to the procedures in chapter 14
(Administrative Procedure Act).
(c) Additionally, the commissioner may adopt rules indicating the commissioner's approval
of instruments for preliminary screening or chemical tests for intoxication under sections 169A.41
and 169A.51 using the procedures specified in section 14.389 (expedited process).
History: 2000 c 478 art 1 s 43; 2003 c 96 s 4

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
driver:
(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
169A.51 (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 169A.20 (driving while
impaired) or 609.21 (criminal vehicular homicide and injury) is admissible into evidence.
History: 2000 c 478 art 1 s 44; 2004 c 283 s 10

169A.78 AIDING AND ABETTING.
Every person who commits or attempts to commit, conspires to commit, or aids or abets
in the commission of any act declared in this chapter to be an offense, whether individually or
in connection with one or more other persons or as principal, agent, or accessory, is guilty of
that offense, and every person who falsely, fraudulently, forcibly, or willfully induces, causes,
coerces, requires, permits, or directs another to violate any provision of this chapter is likewise
guilty of that offense.
History: 1Sp2003 c 2 art 9 s 17