2006 Minnesota Statutes

169A.46 AFFIRMATIVE DEFENSES.
    Subdivision 1. Impairment occurred after driving ceased. If proven by a preponderance of
the evidence, it is an affirmative defense to a violation of section 169A.20, subdivision 1, clause
(5) (driving while impaired, alcohol concentration within two hours of driving), or 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, that the defendant consumed a sufficient quantity of alcohol
after the time of the violation and before the administration of the evidentiary test to cause the
defendant's alcohol concentration to exceed the level specified in the applicable clause. Evidence
that the defendant consumed alcohol after the time of the violation may not be admitted in defense
to any alleged violation of section 169A.20, unless notice is given to the prosecution prior to
the omnibus or pretrial hearing in the matter.
    Subd. 2. Impairment from prescription drug. If proven by a preponderance of the
evidence, it is an affirmative defense to a violation of section 169A.20 subdivision 1, clause
(7) (presence of schedule I or II controlled substance), that the defendant used the controlled
substance according to the terms of a prescription issued for the defendant in accordance with
sections 152.11 and 152.12.
History: 2000 c 478 art 1 s 27