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2006 Minnesota Statutes

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

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

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