2006 Minnesota Statutes

169A.41 PRELIMINARY SCREENING TEST.
    Subdivision 1. When authorized. When a peace officer has reason to believe from the
manner in which a person is driving, operating, controlling, or acting upon departure from a motor
vehicle, or has driven, operated, or controlled a motor vehicle, that the driver may be violating or
has violated section 169A.20 (driving while impaired), 169A.31 (alcohol-related school bus or
Head Start bus driving), or 169A.33 (underage drinking and driving), the officer may require the
driver to provide a sample of the driver's breath for a preliminary screening test using a device
approved by the commissioner for this purpose.
    Subd. 2. Use of test results. The results of this preliminary screening test must be used
for the purpose of deciding whether an arrest should be made and whether to require the tests
authorized in section 169A.51 (chemical tests for intoxication), but must not be used in any
court action except the following:
(1) to prove that a test was properly required of a person pursuant to section 169A.51,
subdivision 1 ;
(2) in a civil action arising out of the operation or use of the motor vehicle;
(3) in an action for license reinstatement under section 171.19;
(4) in a prosecution for a violation of section 169A.20, subdivision 2 (driving while
impaired; test refusal);
(5) in a prosecution or juvenile court proceeding concerning a violation of section 169A.33
(underage drinking and driving), or 340A.503, subdivision 1, paragraph (a), clause (2) (underage
alcohol consumption);
(6) in a prosecution under section 169A.31, (alcohol-related school or Head Start bus
driving); or 171.30 (limited license); or
(7) in a prosecution for a violation of a restriction on a driver's license under section
171.09, which provides that the license holder may not use or consume any amount of alcohol
or a controlled substance.
    Subd. 3. Additional tests. Following the screening test additional tests may be required of
the driver pursuant to the provisions of section 169A.51 (chemical tests for intoxication).
    Subd. 4.[Repealed, 2006 c 260 art 2 s 20]
History: 2000 c 478 art 1 s 22; 1Sp2001 c 8 art 12 s 6