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2006 Minnesota Statutes

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

97B.065 HUNTING WHILE UNDER THE INFLUENCE OF ALCOHOL OR A
CONTROLLED SUBSTANCE.
    Subdivision 1. Acts prohibited. (a) A person may not take wild animals with a firearm
or by archery:
(1) when the person is under the influence of alcohol;
(2) when the person is under the influence of a controlled substance, as defined in section
152.01, subdivision 4;
(3) when the person is under the influence of a combination of any two or more of the
elements in clauses (1) and (2);
(4) when the person's alcohol concentration is 0.08 or more;
(5) when the person's alcohol concentration as measured within two hours of the time of
taking is 0.08 or more; or
(6) when the person is knowingly under the influence of any chemical compound or
combination of chemical compounds that is listed as a hazardous substance in rules adopted under
section 182.655 and that affects the nervous system, brain, or muscles of the person so as to
substantially impair the person's ability to operate a firearm or bow and arrow.
(b) An owner or other person having charge or control of a firearm or bow may not authorize
or permit an individual the person knows or has reason to believe is under the influence of alcohol
or a controlled substance, as provided under paragraph (a), to possess the firearm or bow in
this state or on a boundary water of this state.
(c) A person may not possess a loaded or uncased firearm or an uncased bow afield under
any of the conditions in paragraph (a).
    Subd. 2. Arrest. A peace officer may arrest a person for a violation under subdivision 1
without a warrant upon probable cause, without regard to whether the violation was committed in
the officer's presence.
    Subd. 3. Preliminary screening test. When an officer authorized under subdivision 2 to
make arrests has reason to believe that the person may be violating or has violated subdivision
1, paragraph (a) or (c), the officer may require the person to provide a breath sample for a
preliminary screening test using a device approved by the commissioner of public safety for this
purpose. The results of the preliminary screening test must be used for the purpose of deciding
whether an arrest should be made under this section and whether to require the chemical tests
authorized in section 97B.066, but may not be used in any court action except: (1) to prove that a
test was properly required of a person under section 97B.066, or (2) in a civil action arising out of
the operation of a firearm or bow and arrow. Following the preliminary screening test, additional
tests may be required of the person as provided under section 97B.066. A person who refuses
a breath sample is subject to the provisions of section 97B.066 unless, in compliance with that
section, the person submits to a blood, breath, or urine test to determine the presence of alcohol
or a controlled substance.
    Subd. 4. Evidence. In a prosecution for a violation of subdivision 1, paragraph (a) or (c),
or an ordinance in conformity with it, the admission of evidence of the amount of alcohol or a
controlled substance in the person's blood, breath, or urine is governed by section 169A.45.
    Subd. 5. Penalties. (a) A person who violates a prohibition in subdivision 1, or an ordinance
in conformity with it, is subject to the penalties provided in section 97A.331.
(b) A person who hunts during the period the person is prohibited from hunting under
subdivision 6 is guilty of a misdemeanor.
    Subd. 6. Hunting privileges suspended. Upon conviction, and in addition to any penalty
imposed under subdivision 5, the person is subject to the limitations on hunting provided in
section 97A.421.
    Subd. 7. Duties of commissioner. The court shall promptly forward to the commissioner
copies of all convictions and criminal and civil penalties imposed under subdivision 5 and section
97B.066, subdivision 2. The commissioner shall notify the convicted person of the period during
which the person is prohibited from hunting under subdivision 6 and section 97A.421. The
commissioner shall also periodically circulate to appropriate law enforcement agencies a list of all
persons who are prohibited from hunting under subdivision 6 and section 97A.421.
    Subd. 8. Immunity from liability. The state or political subdivision that employs an officer
who is authorized under subdivision 2 to make an arrest for violations of subdivision 1 is immune
from any liability, civil or criminal, for the care or custody of the hunting equipment in the
physical control of the person arrested if the officer acts in good faith and exercises due care.
History: 1986 c 386 art 2 s 14; 1987 c 149 art 1 s 45; 1992 c 570 art 5 s 1; 1Sp1997 c 2
s 67; 2000 c 478 art 2 s 7; 2002 c 323 s 7-9; 2004 c 283 s 1

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