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2007 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

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

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