2001 Minnesota Statutes

     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.    First-degree and second-degree 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 if the officer has reason to 
 believe the violation occurred under the circumstances described 
 in section 169A.24 (first-degree driving while impaired) or 
 169A.25 (second-degree driving while impaired).  The person 
 shall be detained until the person's first court appearance. 

    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. 

    HIST: 2000 c 478 art 1 s 21; 1Sp2001 c 8 art 11 s 10; 1Sp2001 
 c 9 art 19 s 11 

*   NOTE:  The amendments to subdivision 3 by Laws 2001, First 
*Special Session chapter 8, article 11, section 10; and chapter 
*9, article 19, section 11, are effective August 1, 2002, and 
*apply to crimes committed on or after that date.  Laws 2001, 
*First Special Session chapter 8, article 11, section 17; and 
*chapter 9, article 19, section 17.