2001 Minnesota Statutes

     169A.44 Conditional release. 

    (a) This section applies to a person charged with: 

    (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); 

    (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); or 

    (4) a violation of section 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. 

    (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. 

    (c) Unless maximum bail is imposed under section 629.471, 
 subdivision 2, a person charged with violating section 169A.20 
 within ten years of the first of three or more prior impaired 
 driving convictions may be released from detention only if the 
 following conditions are imposed in addition to the condition 
 imposed in paragraph (b), if applicable, and any other 
 conditions of release ordered by the court: 

    (1) the impoundment of the registration plates of the 
 vehicle used to commit the violation, unless already impounded; 

    (2) 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; 

    (3) a requirement that the person report weekly to a 
 probation agent; 

    (4) 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 

    (5) a requirement that, if convicted, the person reimburse 
 the court or county for the total cost of these services. 

    HIST: 2000 c 478 art 1 s 25