Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
- Search Minnesota Statutes
- About Minnesota Statutes
- 2006 Statutes New, Amended or Repealed
- 2006 Table of Chapters
- 2006 Statutes Topics (Index)
Chapter 169A
Section 169A.44
Topics
Recent History
- 2023 169A.44 Amended 2023 c 52 art 5 s 6
- 2003 169A.44 Amended 2003 c 2 art 9 s 11
- 2000 169A.44 New 2000 c 478 art 1 s 25
This is an historical version of this statute chapter. Also view the most recent published version.
169A.44 CONDITIONAL RELEASE.
Subdivision 1. Nonfelony violations. (a) This subdivision applies to a person charged with a
nonfelony violation of section 169A.20 (driving while impaired) under circumstances described
in section 169A.40, subdivision 3 (certain DWI offenders; custodial arrest).
(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.
Subd. 2. Felony violations. (a) A person charged with violating section 169A.20 within ten
years of the first of three or more qualified prior impaired driving incidents may be released from
detention only if the following conditions are imposed:
(1) the conditions described in subdivision 1, paragraph (b), if applicable;
(2) the impoundment of the registration plates of the vehicle used to commit the violation,
unless already impounded;
(3) 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;
(4) a requirement that the person report weekly to a probation agent;
(5) 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
(6) a requirement that, if convicted, the person reimburse the court or county for the total
cost of these services; and
(7) any other conditions of release ordered by the court.
(b) In addition to setting forth conditions of release under paragraph (a), if required by court
rule, the court shall also fix the amount of money bail without other conditions upon which
the defendant may obtain release.
History: 2000 c 478 art 1 s 25; 1Sp2003 c 2 art 9 s 11
Subdivision 1. Nonfelony violations. (a) This subdivision applies to a person charged with a
nonfelony violation of section 169A.20 (driving while impaired) under circumstances described
in section 169A.40, subdivision 3 (certain DWI offenders; custodial arrest).
(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.
Subd. 2. Felony violations. (a) A person charged with violating section 169A.20 within ten
years of the first of three or more qualified prior impaired driving incidents may be released from
detention only if the following conditions are imposed:
(1) the conditions described in subdivision 1, paragraph (b), if applicable;
(2) the impoundment of the registration plates of the vehicle used to commit the violation,
unless already impounded;
(3) 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;
(4) a requirement that the person report weekly to a probation agent;
(5) 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
(6) a requirement that, if convicted, the person reimburse the court or county for the total
cost of these services; and
(7) any other conditions of release ordered by the court.
(b) In addition to setting forth conditions of release under paragraph (a), if required by court
rule, the court shall also fix the amount of money bail without other conditions upon which
the defendant may obtain release.
History: 2000 c 478 art 1 s 25; 1Sp2003 c 2 art 9 s 11
Official Publication of the State of Minnesota
Revisor of Statutes