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If you have been charged with a Minnesota DUI there are two things
that you need to consider:
1) Take the charge seriously.
A conviction for a Minnesota DUI will have long lasting consequences.
A criminal record can affect your employment, your future and your
personal freedom.
2) Hire an experienced Minnesota DUI Lawyer.
Understanding the Minnesota DUI laws and courtroom proceedings can be
a challenge. Hiring a qualified Minnesota DUI Lawyer from DUILaws.com
who focuses on DUI defense can make a difference in the outcome of your
case.
The Minnesota DUI Defense Lawyers at DUILaws.com offer an initial review of your case. Your inquiry is both free and confidential.
To begin fighting your Minnesota DUI, use the drop-down menu above to locate a Minnesota Attorney in your county. But do it now, as time is very critical in a Minnesota DUI case.
A Minnesota DUI arrest can involve two separate cases: a criminal
court case, where fines, penalties and punishments are sought, and a
Minnesota Department of Public Safety case, where your Minnesota
drivers license may be affected. It is important to know that
Minnesota DUI laws are some of the strictest in the entire
country. It is also important to know that when you are
arrested for DUI in Minnesota, you have the right to speak with a
Minnesota DUI attorney before taking a chemical test to determine
your blood alcohol content. Minnesota is an implied consent state and
under Minnesota DUI laws, refusal to take a chemical test following an
Minnesota drunk driving arrest is a separate criminal
offense. It is important to realize that you can still be
arrested for DUI regardless of your BAC even if it is under the legal
limit if the officer considers your driving reckless.
Minnesota is also a member of Interstate Driver's License Compact. The
Interstate Driver's License Compact is an agreement between the 45
participating states to share information regarding certain types of
convictions, including drunk driving (DUI and DUI) convictions. Prior
DUI convictions in other states could affect the outcome and sentencing
of your current Minnesota DUI case.
169A.01 Citation;
application.
Subdivision 1. Citation.
This chapter may be cited as the Minnesota Impaired Driving Code.
Subd. 2. Application.
Unless otherwise indicated, the provisions of this chapter apply
to any person who drives, operates, or is in physical control of
a motor vehicle within this state or on any boundary water of
this state. The provisions of this chapter are applicable
and uniform throughout the state and in all its political
subdivisions and municipalities.
Subd. 3. Local ordinances.
No local authority may enact or enforce any rule or regulation
that conflicts with a
provision of this chapter unless expressly authorized to do so
in this chapter. Local authorities may adopt traffic
regulations that do not conflict with the provisions of this
chapter. However, if any local ordinance regulating traffic
covers the same subject for which a penalty is provided for in
this chapter, the penalty provided for the violation of the
local ordinance must be identical to the penalty provided for in
this chapter for the same offense.
169A.07 First-time DUI violator; off-road vehicle or boat.
A person who violates section 169A.20 (driving
while impaired) while using an off-road recreational vehicle or
motorboat and who does not have a qualified prior impaired
driving incident is subject only to the criminal penalty
provided in section 169A.25 (second-degree driving while
impaired), 169A.26 (third-degree driving while impaired),
or 169A.27 (fourth-degree driving while impaired); and loss of
operating privileges as provided in section 84.91, subdivision 1
(operation of snowmobiles or all-terrain vehicles by persons
under the influence of alcohol or controlled substances), or
86B.331, subdivision 1 (operation of motorboats while using
alcohol or with a physical or mental disability), whichever is
applicable. The person is not subject to the provisions of
section 169A.275, subdivision 5, (submission to the level of
care recommended in chemical use assessment for repeat offenders
and offenders with alcohol concentration of 0.20 or more);
169A.277 (long-term monitoring); 169A.285 (penalty
assessment); 169A.44 (conditional release); 169A.54 (impaired
driving convictions and adjudications; administrative penalties); or
169A.54, subdivision 11 (chemical use assessment); the
license revocation sanctions of sections 169A.50 to 169A.53
(implied consent law); or the plate impoundment provisions of
section 169A.60 (administrative impoundment of plates).
169A.20 Driving while impaired.
Subdivision 1. Driving while
impaired crime. It is a crime for any person to drive,
operate, or be in physical
control of any motor vehicle within this state or on
any boundary water of this state:
(1) when the person is under the influence of
alcohol;
(2) when the person is under the influence of a
controlled substance;
(3) when the person is knowingly under the
influence of a hazardous substance that affects the nervous
system, brain, or muscles of the person so as to substantially
impair the person's ability to drive or operate the motor
vehicle;
(4) when the person is under the influence of a
combination of any two or more of the elements named in clauses
(1), (2), and (3);
(5) when the person's alcohol concentration at the
time, or as measured within two hours of the time, of driving,
operating, or being in physical control of the motor vehicle is
0.08 or more;
(6) when the vehicle is a commercial motor vehicle
and the person's alcohol concentration at the time, or as
measured within two hours of the time, of driving, operating, or
being in physical control of the commercial motor vehicle is 0.04
or more; or
(7) when the person's body contains any amount of
a controlled substance listed in schedule I or II other than
marijuana or tetrahydrocannabinols.
Subd. 2. Refusal to submit to
chemical test crime. It is a crime for any person to refuse
to submit to a chemical test of the person's blood, breath, or
urine under section 169A.51 (chemical tests for intoxication), or
169A.52 (test refusal or failure; revocation of license).
Subd. 3. Sentence. A person
who violates this section may be sentenced as provided in section
169A.24
(first-degree driving while impaired), 169A.25
(second-degree driving while impaired), 169A.26 (third-degree
driving while impaired), or 169A.27 (fourth-degree driving while
impaired).
HIST: 2000 c 478 art 1 s 7; 1Sp2001 c 8 art 11 s 2;
1Sp2001 c 9 art 19 s 3; 2002 c 379 art 1 s 113; 1Sp2003 c 2 art 9
s 3; 2004 c 283 s 3
* NOTE: The amendment to subdivision 1 by Laws 2004,
chapter
*283, section 3, is effective August 1, 2005. Laws 2004,
chapter
*283, section 15.
169A.24 First-degree driving while
impaired.
Subdivision 1. Degree
described. A person who violates section 169A.20 (driving
while impaired) is guilty of
first-degree driving while impaired if the person:
(1) commits the violation within ten years of the
first of three or more qualified prior impaired driving incidents;
or
(2) has previously been convicted of a felony under
this section.
Subd. 2. Criminal penalty.
A person who commits first-degree driving while impaired is guilty
of a felony and
may be sentenced to imprisonment for not more than seven
years, or to payment of a fine of not more than $14,000, or
both. The person is subject to the mandatory penalties
described in section 169A.276 (mandatory penalties; felony
violations).
HIST: 1Sp2001 c 8 art 11 s 3; 1Sp2001 c 9 art 19 s
4; 2002 c 379 art 1 s 113
169A.25 Second-degree driving while impaired.
Subdivision 1. Degree
described. (a) A person who violates section 169A.20,
subdivision 1 (driving while impaired crime), is guilty of
second-degree driving while impaired if two or more aggravating
factors were present when the violation was committed.
(b) A person who violates section 169A.20,
subdivision 2 (refusal to submit to chemical test crime), is
guilty of
second-degree driving while impaired if one aggravating
factor was present when the violation was committed.
Subd. 2. Criminal penalty.
Second-degree driving while impaired is a gross misdemeanor.
The mandatory penalties described in section 169A.275 and the
long-term monitoring described in section 169A.277 may be
applicable.
HIST: 2000 c 478 art 1 s 8; 1Sp2001 c 8 art 11 s 4;
1Sp2001 c 9 art 19 s 5; 2002 c 379 art 1 s 113; 1Sp2003 c 2 art 9
s
4169A.26 Third-degree driving while impaired.
Subdivision 1. Degree
described. (a) A person who violates section 169A.20,
subdivision 1 (driving while impaired crime), is guilty of
third-degree driving while impaired if one aggravating factor was
present when the violation was committed.
(b) A person who violates section 169A.20,
subdivision 2 (refusal to submit to chemical test crime), is
guilty of
third-degree driving while impaired.
Subd. 2. Criminal penalty.
Third-degree driving while impaired is a gross misdemeanor.
The mandatory penalties described in section 169A.275 and the
long-term monitoring described in section 169A.277 may be
applicable.
HIST: 2000 c 478 art 1 s 9; 1Sp2001 c 8 art 11 s 5;
1Sp2001 c 9 art 19 s 6; 2002 c 379 art 1 s 113; 1Sp2003 c 2 art 9
s 5
169A.27 Fourth-degree driving while impaired.
Subdivision 1. Degree
described. A person who violates section 169A.20,
subdivision 1 (driving while impaired
crime), is guilty of fourth-degree driving while impaired.
Subd. 2. Criminal penalty.
Fourth-degree driving while impaired is a misdemeanor.
HIST: 2000 c 478 art 1 s 10; 1Sp2001 c 8 art 11 s
6; 1Sp2001 c 9 art 19 s 7; 2002 c 379 art 1 s 113; 1Sp2003 c 2 art
9 s 6
169A.275 Mandatory penalties; nonfelony violations.
Subdivision 1. Second
offense. (a) The court shall sentence a person who is
convicted of a violation of section 169A.20 (driving while
impaired) within ten years of a qualified prior impaired driving
incident to either:
(1) a minimum of 30 days of incarceration, at least
48 hours of which must be served in a local correctional
facility; or
(2) eight hours of community work service for each
day less than 30 days that the person is ordered to serve in a
local correctional facility.
Notwithstanding section 609.135 (stay of imposition or
execution of sentence), the penalties in this paragraph must be
executed, unless the court departs from the mandatory minimum
sentence under paragraph (b) or (c).
(b) Prior to sentencing, the prosecutor may file a
motion to have a defendant described in paragraph (a) sentenced
without regard to the mandatory minimum sentence established by
that paragraph. The motion must be accompanied by a
statement on the record of the reasons for it. When
presented with the prosecutor's motion and if it finds that
substantial mitigating factors exist, the court shall sentence the
defendant without regard to the mandatory minimum sentence
established by paragraph (a).
(c) The court may, on its own motion, sentence a
defendant described in paragraph (a) without regard to the
mandatory minimum sentence established by that paragraph if it
finds that substantial mitigating factors exist and if its
sentencing departure is accompanied by a statement on the record
of the reasons for it. The court also may sentence the
defendant without regard to the mandatory minimum sentence
established by paragraph (a) if the defendant is sentenced to
probation and ordered to participate in a program established
under section 169A.74 (pilot programs of intensive probation for
repeat DUI offenders).
(d) When any portion of the sentence required by
paragraph (a) is not executed, the court should impose a sentence
that is proportional to the extent of the offender's prior
criminal and moving traffic violation record. Any sentence
required under paragraph (a) must include a mandatory sentence
that is not subject to suspension or a stay of imposition or
execution, and that includes incarceration for not less than 48
hours or at least 80 hours of community work service.
Subd. 2. Third offense. (a)
The court shall sentence a person who is convicted of a violation
of section 169A.20 (driving while impaired) within ten years of
the first of two qualified prior impaired driving incidents to
either:
(1) a minimum of 90 days of incarceration, at least
30 days of which must be served consecutively in a local
correctional facility; or
(2) a program of intensive supervision of the
type described in section 169A.74 (pilot programs of
intensive
probation for repeat DUI offenders) that requires the person
to consecutively serve at least six days in a local
correctional facility.
(b) The court may order that the person serve not
more than 60 days of the minimum penalty under paragraph (a),
clause (1), on home detention or in an intensive probation program
described in section 169A.74.
(c) Notwithstanding section 609.135, the penalties
in this subdivision must be imposed and executed.
Subd. 3. Fourth offense.
(a) Unless the court commits the person to the custody of the
commissioner of
corrections as provided in section 169A.276
(mandatory penalties; felony violations), the court shall sentence
a person who is convicted of a violation of section 169A.20
(driving while impaired) within ten years of the first of three
qualified prior impaired driving incidents to either:
(1) a minimum of 180 days of incarceration, at
least 30 days of which must be served consecutively in a
local
correctional facility;
(2) a program of intensive supervision of the
type described in section 169A.74 (pilot programs of
intensive
probation for repeat DUI offenders) that requires the person
to consecutively serve at least six days in a local
correctional facility; or
(3) a program of staggered sentencing involving a
minimum of 180 days of incarceration, at least 30 days of which
must be served consecutively in a local correctional
facility.
(b) The court may order that the person serve not
more than 150 days of the minimum penalty under paragraph (a),
clause (1), on home detention or in an intensive probation program
described in section 169A.74. Notwithstanding section
609.135, the penalties in this subdivision must be imposed and
executed.
Subd. 4. Fifth offense or
more. (a) Unless the court commits the person to the custody
of the commissioner of corrections as provided in section 169A.276
(mandatory penalties; felony violations), the court shall sentence
a person who is convicted of a violation of section 169A.20
(driving while impaired) within ten years of the first of four or
more qualified prior impaired driving incidents to either:
(1) a minimum of one year of incarceration, at
least 60 days of which must be served consecutively in a
local
correctional facility;
(2) a program of intensive supervision of the
type described in section 169A.74 (pilot programs of
intensive
probation for repeat DUI offenders) that requires the person
to consecutively serve at least six days in a local
correctional facility; or
(3) a program of staggered sentencing involving a
minimum of one year of incarceration, at least 60 days of which
must be served consecutively in a local correctional
facility.
(b) The court may order that the person serve the
remainder of the minimum penalty under paragraph (a), clause (1),
on intensive probation using an electronic monitoring system or,
if such a system is unavailable, on home
detention. Notwithstanding section 609.135, the penalties in
this subdivision must be imposed and executed.
Subd. 5. Level of care
recommended in chemical use assessment. Unless the court
commits the person to the
custody of the commissioner of corrections as provided
in section 169A.276 (mandatory penalties; felony violations),
in addition to other penalties required under this section,
the court shall order a person to submit to the level of
care recommended in the chemical use assessment conducted
under section 169A.70 (alcohol safety program; chemical
use assessments) if the person is convicted of violating
section 169A.20 (driving while impaired) while having an
alcohol concentration of 0.20 or more as measured at the time, or
within two hours of the time, of the offense or if the violation
occurs within ten years of one or more qualified prior impaired
driving incidents.
Subd. 6. Definitions. (a)
For purposes of this section, the following terms have the
meanings given.
(b) "Staggered sentencing" means a sentencing
procedure in which the court sentences a person convicted of a
gross misdemeanor or felony violation of section 169A.20
(driving while impaired) to an executed sentence of incarceration
in a local correctional facility, to be served in equal segments
in three or more consecutive years. Before reporting for
any subsequent segment of incarceration after the first segment,
the offender shall be regularly involved in a structured
sobriety group and may bring a motion before the court requesting
to have that segment of incarceration stayed. The motion
must be brought before the same judge who initially pronounced
the sentence. Before bringing the motion, the offender
shall participate for 30 days in a remote
electronic alcohol-monitoring program under the direction of the
person's probation agent. It is within the court's
discretion to stay the second or subsequent segment of remote
electronic alcohol monitoring or incarceration that has previously
been ordered.
The court shall consider any alcohol-monitoring results and
the recommendation of the probation agent, together with any
other factors deemed relevant by the court, in deciding whether
to modify the sentence by ordering a stay of the next
following segment of remote electronic alcohol monitoring or
incarceration that the court had initially ordered to be
executed.
(c) When the court stays a segment of incarceration
that it has previously ordered to be executed, that portion of
the sentence must be added to the total number of days the
defendant is subject to serving in custody if the person
subsequently violates any of the conditions of that stay of
execution.
(d) A structured sobriety group is an organization
that has regular meetings focusing on sobriety and includes, but
is not limited to, Alcoholics Anonymous.
HIST: 2000 c 478 art 1 s 11; 1Sp2001 c 8 art 11 s
7; 1Sp2001 c 9 art 19 s 8; 2002 c 379 art 1 s 113; 1Sp2003 c 2 art
9 s 7-9; 2005 c 136 art 18 s 2
169A.276 Mandatory penalties; felony violations.
Subdivision 1. Mandatory prison
sentence. (a) The court shall sentence a person who is
convicted of a violation of section 169A.20 (driving while
impaired) under the circumstances described in section 169A.24
(first-degree driving while impaired) to imprisonment for not less
than three years. In addition, the court may order the
person to pay a fine of not more than $14,000.
(b) The court may stay execution of this mandatory
sentence as provided in subdivision 2 (stay of mandatory
sentence), but may not stay imposition or adjudication of the
sentence or impose a sentence that has a duration of less than
three years.
(c) An offender committed to the custody of
the commissioner of corrections under this subdivision is
not
eligible for release as provided in section 241.26,
244.065, 244.12, or 244.17, unless the offender has
successfully
completed a chemical dependency treatment program while
in prison.
(d) Notwithstanding the statutory maximum sentence
provided in section 169A.24 (first-degree driving while impaired),
when the court commits a person to the custody of the commissioner
of corrections under this subdivision, it shall provide that
after the person has been released from prison the commissioner
shall place the person on conditional release for five
years. The commissioner shall impose any conditions of
release that the commissioner deems appropriate including, but not
limited to, successful completion of an intensive probation
program as described in section 169A.74 (pilot programs of
intensive probation for repeat DUI offenders). If the person
fails to comply with any condition of release, the commissioner
may revoke the person's conditional release and order the person
to serve all or part of the remaining portion of the
conditional release term in prison. The commissioner may not
dismiss the person from supervision before the conditional release
term expires. Except as otherwise provided in this
section, conditional release is governed by provisions relating
to supervised release. The failure of a court to direct
the commissioner of corrections to place the person on
conditional release, as required in this paragraph, does not
affect the applicability of the conditional release provisions to
the person.
(e) The commissioner shall require persons placed
on supervised or conditional release under this subdivision to
pay as much of the costs of the supervision as possible.
The commissioner shall develop appropriate standards for
this.
Subd. 2. Stay of mandatory
sentence. The provisions of sections 169A.275 (mandatory
penalties; nonfelony
violations), subdivision 3 or 4, and subdivision 5, and
169A.283 (stay of execution of sentence), apply if the court
stays execution of the sentence under subdivision 1 (mandatory
prison sentence). In addition, the provisions of section
169A.277 (long-term monitoring) may apply.
Subd. 3. Driver's license
revocation; no stay permitted. The court may not stay the
execution of the driver's license revocation provisions of section
169A.54 (impaired driving convictions and adjudications;
administrative
penalties).
HIST: 1Sp2001 c 8 art 11 s 8; 1Sp2001 c 9 art 19 s
9; 2002 c 379 art 1 s 113
169A.277 Long-term monitoring.
Subdivision 1.
Applicability. This section applies to a person convicted
of:
(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); or
(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).
Subd. 2. Monitoring
required. When the court sentences a person described in
subdivision 1 to a stayed sentence and when electronic monitoring
equipment is available to the court, the court shall require that
the person participate in a program of electronic alcohol
monitoring in addition to any other conditions of probation or
jail time it imposes. The court must order the monitoring
for a minimum of 30 consecutive days during each year of the
person's probationary period.
Subd. 3. Reimbursement. 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.
HIST: 2000 c 478 art 1 s 12; 1Sp2001 c 8 art 12 s
1
169A.28 Consecutive sentences.
Subdivision 1. Mandatory
consecutive sentences. The court shall impose consecutive
sentences when it sentences a person for:
(1) violations of section 169A.20 (driving while
impaired) arising out of separate courses of conduct;
(2) a violation of section 169A.20 when the person,
at the time of sentencing, is on probation for, or serving, an
executed sentence for a violation of section 169A.20 or
Minnesota Statutes 1998, section 169.121 (driver under the
influence of alcohol or controlled substance) or 169.129
(aggravated DUI-related violations; penalty), and the prior
sentence involved a separate course of conduct; or
(3) a violation of section 169A.20 and another
offense arising out of a single course of conduct that is listed
in
subdivision 2, paragraph (e), when the person has five or
more qualified prior impaired driving incidents within the past
ten years.
Subd. 2. Permissive consecutive
sentences; multiple offenses. (a) When a person is being
sentenced for a
violation of a provision listed in paragraph (e), the court
may sentence the person to a consecutive term of imprisonment for
a violation of any other provision listed in paragraph
(e), notwithstanding the fact that the offenses arose out of the
same course of conduct, subject to the limitation on
consecutive sentences contained in section 609.15, subdivision 2,
and except as provided in paragraphs (b) and (c).
(b) When a person is being sentenced for a
violation of section 171.09 (violation of condition of restricted
license), 171.20 (operation after revocation, suspension,
cancellation, or disqualification), 171.24 (driving without valid
license), or 171.30 (violation of condition of limited license),
the court may not impose a consecutive sentence for another
violation of a provision in chapter 171 (drivers' licenses and
training schools).
(c) When a person is being sentenced for a
violation of section 169.791 (failure to provide proof of
insurance) or
169.797 (failure to provide vehicle insurance), the court
may not impose a consecutive sentence for another violation of
a provision of sections 169.79 to 169.7995.
(d) This subdivision does not limit the authority
of the court to impose consecutive sentences for crimes arising
on different dates or to impose a consecutive sentence when
a person is being sentenced for a crime and is also in
violation of the conditions of a stayed or otherwise deferred
sentence under section 609.135 (stay of imposition or execution
of sentence).
(e) This subdivision applies to misdemeanor and
gross misdemeanor violations of the following if the offender has
two or more prior impaired driving convictions within the past
ten years:
(1) section 169A.20, subdivision 1 (driving while
impaired; impaired driving offenses);
(2) section 169A.20, subdivision 2 (driving while
impaired; test refusal offense);
(3) section 169.791;
(4) section 169.797;
(5) section 171.09 (violation of condition of
restricted license);
(6) section 171.20, subdivision 2 (operation
after revocation, suspension, cancellation, or
disqualification);
(7) section 171.24; and
(8) section 171.30.
Subd. 3. Permissive consecutive
sentences; previous offenses. The court may order that the
sentence imposed for a violation of section 169A.20 (driving while
impaired) run consecutively to a previously imposed misdemeanor,
gross misdemeanor, or felony sentence for a violation other
than section 169A.20.
HIST: 2000 c 478 art 1 s 13; 1Sp2001 c 8 art 12 s
2
169A.31 Alcohol-related school bus or Head Start
bus driving.
Subdivision 1. Crime
described. It is a crime for any person to drive, operate,
or be in physical control of any
class of school bus or Head Start bus within this state
when there is physical evidence present in the person's body of
the consumption of any alcohol.
Subd. 2. Gross misdemeanor
alcohol-related school bus or Head Start bus driving. A
person who violates subdivision 1 is guilty of gross misdemeanor
alcohol-related school bus or Head Start bus driving if:
(1) the violation occurs while a child under the
age of 16 is in the vehicle, if the child is more than 36 months
younger than the violator; or
(2) the violation occurs within ten years of a
qualified prior impaired driving incident.
Subd. 3. Misdemeanor
alcohol-related school bus or Head Start bus driving. Except
as provided in subdivision 2, a person who violates subdivision 1
is guilty of misdemeanor alcohol-related school bus or Head Start
bus driving.
HIST: 2000 c 478 art 1 s 17
169A.33 Underage drinking and driving.
Subdivision 1. Definition.
As used in this section, "motor vehicle" does not include
motorboats in operation or
off-road recreational vehicles.
Subd. 2. Crime described.
It is a crime for a person under the age of 21 years to drive,
operate, or be in physical control of a motor vehicle while
consuming alcoholic beverages, or after having consumed alcoholic
beverages while there is physical evidence of the consumption
present in the person's body.
Subd. 3. Criminal penalty.
A person who violates subdivision 2 is guilty of a
misdemeanor.
Subd. 4. Administrative
penalty. When a person is found to have committed an offense
under subdivision 2, the court shall notify the commissioner of
its determination. Upon receipt of the court's determination, the
commissioner shall suspend the person's driver's license or
operating privileges for 30 days, or for 180 days if the person
has previously been found to have violated subdivision 2 or a
statute or ordinance in conformity with it.
Subd. 5. Exception. If the
person's conduct violates section 169A.20 (driving while impaired)
or 169A.31
(alcohol-related school bus or Head Start bus driving),
the penalties and license sanctions in those laws or section
169A.54 (impaired driving convictions and adjudications;
administrative penalties) apply instead of the license sanction in
subdivision 4.
Subd. 6. Jurisdiction. An
offense under subdivision 2 may be prosecuted either in the
jurisdiction where consumption occurs or the jurisdiction where
evidence of consumption is observed.
HIST: 2000 c 478 art 1 s 18
169A.51 Chemical tests for intoxication.
Subdivision 1. Implied consent;
conditions; election of test. (a) Any person who drives,
operates, or is in physical control of a motor vehicle within this
state or on any boundary water of this state consents, subject to
the provisions of sections 169A.50 to 169A.53 (implied consent
law), and section 169A.20 (driving while impaired), to a chemical
test of that person's blood, breath, or urine for the purpose of
determining the presence of alcohol, controlled substances, or
hazardous substances. The test must be administered at the
direction of a peace officer.
(b) The test may be required of a person when an
officer has probable cause to believe the person was driving,
operating, or in physical control of a motor vehicle in violation
of section 169A.20 (driving while impaired), and one of
the following conditions exist:
(1) the person has been lawfully placed under
arrest for violation of section 169A.20 or an ordinance in
conformity with it;
(2) the person has been involved in a motor
vehicle accident or collision resulting in property damage,
personal
injury, or death;
(3) the person has refused to take the screening
test provided for by section 169A.41 (preliminary screening test);
or
(4) the screening test was administered and
indicated an alcohol concentration of 0.08 or more.
(c) The test may also be required of a person when
an officer has probable cause to believe the person was
driving, operating, or in physical control of a commercial motor
vehicle with the presence of any alcohol.
Subd. 2. Implied consent
advisory. At the time a test is requested, the person must
be informed:
(1) that Minnesota law requires the person to take
a test:
(i) to determine if the person is under the
influence of alcohol, controlled substances, or hazardous
substances;
(ii) to determine the presence of a controlled
substance listed in schedule I or II, other than marijuana
or
tetrahydrocannabinols; and
(iii) if the motor vehicle was a commercial motor
vehicle, to determine the presence of alcohol;
(2) that refusal to take a test is a crime;
(3) if the peace officer has probable cause to
believe the person has violated the criminal vehicular homicide
and injury laws, that a test will be taken with or without the
person's consent; and
(4) that the person has the right to consult with
an attorney, but that this right is limited to the extent that
it
cannot unreasonably delay administration of the test.
Subd. 3. Type of test. The
peace officer who requires a test pursuant to this section may
direct whether the
test is of blood, breath, or urine. Action may be taken
against a person who refuses to take a blood test only if an
alternative test was offered and action may be taken against a
person who refuses to take a urine test only if an alternative
test was offered.
Subd. 4. Requirement of urine or
blood test. Notwithstanding subdivision 3, a blood or urine
test may be
required even after a breath test has been administered if
there is probable cause to believe that:
(1) there is impairment by a controlled substance
or hazardous substance that is not subject to testing by a
breath test; or
(2) a controlled substance listed in schedule I or
II, other than marijuana or tetrahydrocannabinols, is present in
the person's body.
Action may be taken against a person who refuses to
take a blood test under this subdivision only if a urine test
was offered and action may be taken against a person who refuses
to take a urine test only if a blood test was offered.
Subd. 5. Breath test using
approved breath-testing instrument. (a) In the case of a
breath test administered
using an infrared or other approved breath-testing
instrument, the test must consist of analyses in the following
sequence: one adequate breath-sample analysis, one control
analysis, and a second, adequate breath-sample analysis.
(b) In the case of a test administered using an
infrared or other approved breath-testing instrument, a sample is
adequate if the instrument analyzes the sample and does not
indicate the sample is deficient.
(c) For purposes of section 169A.52 (revocation of
license for test failure or refusal), when a test is administered
using an infrared or other approved breath-testing instrument,
failure of a person to provide two separate, adequate breath
samples in the proper sequence constitutes a refusal.
(d) For purposes of section 169A.52 (revocation of
license for test failure or refusal), when a test is administered
using an infrared or other approved breath-testing instrument,
a breath test consisting of two separate, adequate breath
samples within 0.02 alcohol concentration is acceptable. A
breath test consisting of two separate, adequate breath samples
failing to meet this criterion is deficient.
(e) If the first breath test is deficient, as
defined by paragraph (d), a second breath test must be
administered.
(f) Two deficient breath tests, as defined by
paragraph
(d), constitute a refusal.
Subd. 6. Consent of person
incapable of refusal not withdrawn. A person who is
unconscious or who is otherwise in a condition rendering the
person incapable of refusal is deemed not to have withdrawn the
consent provided by subdivision 1 and the test may be given.
Subd. 7. Requirements for
conducting tests; liability. (a) Only a physician, medical
technician, emergency medical technician-paramedic, registered
nurse, medical technologist, medical laboratory technician, or
laboratory assistant acting at the request of a peace officer may
withdraw blood for the purpose of determining the presence of
alcohol, controlled substances, or hazardous substances.
This limitation does not apply to the taking of a breath or urine
sample.
(b) The person tested has the right to have someone
of the person's own choosing administer a chemical test or tests
in addition to any administered at the direction of a
peace officer; provided, that the additional test sample on behalf
of the person is obtained at the place where the person is
in custody, after the test administered at the direction of a
peace officer, and at no expense to the state. The failure
or inability to obtain an additional test or tests by a person
does not preclude the admission in evidence of the test taken at
the direction of a peace officer unless the additional test
was prevented or denied by the peace officer.
(c) The physician, medical technician, emergency
medical technician-paramedic, medical technologist, medical
laboratory technician, laboratory assistant, or registered nurse
drawing blood at the request of a peace officer for the purpose
of determining the concentration of alcohol, controlled
substances, or hazardous substances is in no manner liable in any
civil or criminal action except for negligence in drawing the
blood. The
person administering a breath test must be fully trained in the
administration of breath tests pursuant to training given by
the commissioner of public safety.
HIST: 2000 c 478 art 1 s 31; 1Sp2001 c 8 art 12 s
7; 2003 c 96 s 3; 1Sp2003 c 2 art 9 s 12; 2004 c 283 s 4
* NOTE: The amendment to subdivision 1 by Laws 2004,
chapter
*283, section 4, is effective August 1, 2005. Laws 2004,
chapter
*283, section 15.
169A.54 DUI convictions, adjudications;
administrative penalties.
Subdivision 1. Revocation periods
for DUI convictions. Except as provided in subdivision 7, the
commissioner shall revoke the driver's license of a person
convicted of violating section 169A.20 (driving while impaired) or
an ordinance in conformity with it, as follows:
(1) for an offense under section 169A.20,
subdivision 1 (driving while impaired crime): not less than
30 days;
(2) for an offense under section 169A.20,
subdivision 2 (refusal to submit to chemical test crime):
not less than 90 days;
(3) for an offense occurring within ten years of
a qualified prior impaired driving incident:
(i) if the current conviction is for a violation of
section 169A.20, subdivision 1, not less than 180 days and until
the court has certified that treatment or rehabilitation has
been successfully completed where prescribed in accordance
with section 169A.70 (chemical use assessments); or
(ii) if the current conviction is for a violation
of section 169A.20, subdivision 2, not less than one year and
until
the court has certified that treatment or rehabilitation
has been successfully completed where prescribed in accordance
with section 169A.70;
(4) for an offense occurring within ten years of
the first of two qualified prior impaired driving incidents:
not less
than one year, together with denial under section
171.04, subdivision 1, clause (10), until rehabilitation is
established in accordance with standards established by the
commissioner; or
(5) for an offense occurring within ten years of
the first of three or more qualified prior impaired driving
incidents: not less than two years, together with denial
under section 171.04, subdivision 1, clause (10), until
rehabilitation is established in accordance with standards
established by the commissioner.
Subd. 2. Driving while impaired
by person under age 21. If the person convicted of violating
section 169A.20 (driving while impaired) is under the age of 21
years at the time of the violation, the commissioner shall revoke
the offender's driver's license or operating privileges for a
period of six months or for the appropriate period of time under
subdivision 1, clauses (1) to (5), for the offense committed,
whichever is the greatest period.
Subd. 3. Juvenile
adjudications. For purposes of this section, a juvenile
adjudication under section 169A.20
(driving while impaired), an ordinance in conformity with it,
or a statute or ordinance from another state in conformity with
it is an offense.
Subd. 4. Violations involving
personal injury. Whenever department records show that the
violation involved
personal injury or death to any person, at least 90
additional days must be added to the base periods provided in
subdivisions 1 to 3.
Subd. 5. Violations involving
alcohol concentration of 0.20 or more. If the person is
convicted of violating section 169A.20 (driving while impaired)
while having an alcohol concentration of 0.20 or more as measured
at the time, or within two hours of the time, of the offense, the
commissioner shall revoke the person's driver's license for twice
the period of time otherwise provided for in this section.
Subd. 6. Applicability of implied
consent revocation. (a) Any person whose license has been revoked
pursuant to section 169A.52 (license revocation for test failure
or refusal) as the result of the same incident, and who does not
have a qualified prior impaired driving incident, is subject to
the mandatory revocation provisions of subdivision 1, clause (1)
or (2), in lieu of the mandatory revocation provisions of
section 169A.52.
(b) Paragraph (a) does not apply to:
(1) a person whose license has been revoked
under subdivision 2 (driving while impaired by person under age
21); or
(2) a person whose driver's license has been
revoked for, or who is charged with, a violation of section
169A.20 (driving while impaired) with an aggravating factor
described in section 169A.03, subdivision 3, clause (2) or
(3).
Subd. 7. Alcohol-related
commercial vehicle driving violations. (a) The
administrative penalties described in
subdivision 1 do not apply to violations of section
169A.20, subdivision 1 (driving while impaired crime), by a
person
operating a commercial motor vehicle unless the person's
alcohol concentration as measured at the time, or within two hours
of the time, of the operation was 0.08 or more or the
person violates section 169A.20, subdivision 1, clauses (1) to (4)
or (7).
(b) The commissioner shall disqualify a person
from operating a commercial motor vehicle as provided under
section 171.165 (commercial driver's license, disqualification),
on receipt of a record of conviction for a violation of
section 169A.20.
(c) A person driving, operating, or in physical
control of a commercial motor vehicle with any presence of alcohol
is prohibited from operating a commercial motor vehicle for
24 hours from issuance of an out-of-service order.
Subd. 8. Underage drinking and
driving violations. The administrative penalties described
in section 169A.33,
subdivision 3, apply to violations of section 169A.33
(underage drinking and driving).
Subd. 9. Alcohol-related school
bus driving violations. The administrative penalties described in
section 171.3215 (canceling school bus endorsements for certain
offenses) apply to violations of section 169A.20 (driving while
impaired) by a person driving, operating, or in physical control
of a school bus or Head Start bus.
Subd. 10. License revocation;
court invalidation. (a) Except as provided in subdivision 7,
on behalf of the
commissioner, a court shall serve notice of revocation
or cancellation on a person convicted of a violation of
section 169A.20 (driving while impaired) unless the commissioner
has already revoked the person's driving privileges or served
the person with a notice of revocation for a violation of
section 169A.52 (license revocation for test failure or refusal)
arising out of the same incident.
(b) The court shall invalidate the driver's license
or permit in such a way that no identifying information
is destroyed.
Subd. 11. Chemical use
assessment. When the evidentiary test shows an alcohol
concentration of 0.07 or more, that result must be reported to the
commissioner. The commissioner shall record that fact on the
driver's record. When the driver's record shows a second or
subsequent report of an alcohol concentration of 0.07 or more
within two years of a recorded report, the commissioner may
require that the driver have a chemical use assessment meeting the
commissioner's requirements. The assessment must be at the
driver's expense. In no event shall the commissioner deny
the license of a person who refuses to take the assessment or to
undertake treatment, if treatment is indicated by the assessment,
for longer than 90 days. If an assessment is made pursuant
to this section, the commissioner may waive the assessment
required by section 169A.70.
HIST: 2000 c 478 art 1 s 34; 1Sp2001 c 8 art 12 s
8; 1Sp2003 c 2 art 9 s 14; 2004 c 283 s 9
* NOTE: The amendment to subdivision 7 by Laws 2004,
chapter
*283, section 9, is effective August 1, 2005. Laws 2004,
chapter
*283, section 15.
169A.55 License revocation termination;
license reinstatement.
Subdivision 1. Termination of
revocation period. If the commissioner receives notice of
the driver's attendance at a driver improvement clinic, attendance
at counseling sessions, or participation in treatment for an
alcohol problem, the commissioner may, 30 days prior to the time
the revocation period would otherwise expire, terminate the
revocation period. The commissioner shall not terminate the
revocation period under this subdivision for a driver who has had
a license revoked under section 169A.52 (license revocation for
test failure or refusal); 169A.54 (impaired driving convictions
and adjudications; administrative penalties); or Minnesota
Statutes 1998, section 169.121 (driving under the influence of
alcohol or controlled substances); or 169.123 (implied consent)
for another
incident during the preceding three-year period.
Subd. 2. Reinstatement of driving
privileges; notice. Upon expiration of a period of revocation
under section
169A.52 (license revocation for test failure or refusal)
or 169A.54 (impaired driving convictions and adjudications;
administrative penalties), the commissioner shall notify
the person of the terms upon which driving privileges can be
reinstated, and new registration plates issued, which terms
are: (1) successful completion of an examination and proof
of compliance with any terms of alcohol treatment or
counseling previously prescribed, if any; and (2) any other
requirements imposed by the commissioner and applicable to that
particular case. The commissioner shall notify the owner of
a motor vehicle subject to an impoundment order under section
169A.60 (administrative impoundment of plates) as a result of
the violation of the procedures for obtaining new
registration plates, if the owner is not the violator. The
commissioner shall also notify the person that if driving is
resumed without reinstatement of driving privileges or without
valid registration plates and registration certificate, the
person
will be subject to criminal penalties.
Subd. 3. Reinstatement or
issuance of provisional license. The commissioner shall not
issue a provisional or
regular driver's license to a person whose provisional
driver's license was revoked for conviction as a juvenile of a
violation of section 169A.20, 169A.33, or 169A.35; a violation of
a provision of sections 169A.50 to 169A.53; or a
crash-related moving violation; until the person, following the
violation, reaches the age of 18 and satisfactorily:
(1) completes a formal course in driving
instruction approved by the commissioner of public safety;
(2) completes an additional three months'
experience operating a motor vehicle, as documented to the
satisfaction of the commissioner;
(3) completes the written examination for a
driver's license with a passing score; and
(4) complies with all other laws for reinstatement
of a provisional or regular driver's license, as applicable.
HIST: 2000 c 478 art 1 s 35; 2004 c 177 s 1; 2005 c
10 art 1 s 31
169A.70 Alcohol safety programs; chemical use
assessments.
Subdivision 1. Alcohol safety
programs; establishment. (a) The county board of every county
shall establish an alcohol safety program designed to provide
chemical use assessments of persons convicted of an offense
enumerated in subdivision 2.
(b) County boards may enter into an agreement to
establish a regional alcohol safety program. County boards
may contract with other counties and agencies for alcohol problem
screening and chemical use assessment services.
Subd. 2. Chemical use assessment
requirement. A chemical use assessment must be conducted and
an assessment report submitted to the court and to the Department
of Public Safety by the county agency administering the alcohol
safety program when:
(1) the defendant is convicted of an offense
described in section 169A.20 (driving while impaired),
169A.31
(alcohol-related school bus and Head Start bus driving),
or 360.0752 (impaired aircraft operation); or
(2) the defendant is arrested for committing an
offense described in clause (1) but is convicted of another
offense arising out of the circumstances surrounding the
arrest.
Subd. 3. Assessment report.
(a) The assessment report must be on a form prescribed by the
commissioner and shall contain an evaluation of the convicted
defendant concerning the defendant's prior traffic and criminal
record, characteristics and history of alcohol and chemical
use problems, and amenability to rehabilitation through the
alcohol safety program. The report is classified as private
data on individuals as defined in section 13.02, subdivision
12.
(b) The assessment report must include:
(1) a diagnosis of the nature of the offender's
chemical and alcohol involvement;
(2) an assessment of the severity level of the
involvement;
(3) a recommended level of care for the offender
in accordance with the criteria contained in rules adopted by
the commissioner of human services under section
254A.03, subdivision 3 (chemical dependency treatment
rules);
(4) an assessment of the offender's placement
needs;
(5) recommendations for other appropriate remedial
action or care, including aftercare services in section
254B.01, subdivision 3, that may consist of educational
programs, one-on-one counseling, a program or type of treatment
that addresses mental health concerns, or a combination of them;
and
(6) a specific explanation why no level of care or
action was recommended, if applicable.
Subd. 4. Assessor standards;
rules; assessment time limits. A chemical use assessment required
by this section must be conducted by an assessor appointed by the
court. The assessor must meet the training and qualification
requirements of rules adopted by the commissioner of human
services under section 254A.03, subdivision 3 (chemical dependency
treatment rules). Notwithstanding section 13.82 (law
enforcement data),
the assessor shall have access to any police reports,
laboratory test results, and other law enforcement data relating
to the current offense or previous offenses that are necessary
to complete the evaluation. An assessor providing an
assessment under this section may not have any direct or shared
financial interest or referral relationship resulting in shared
financial gain with a treatment provider. If an independent
assessor is not available, the court may use the services of an
assessor authorized to perform assessments for the county social
services
agency under a variance granted under rules adopted by
the commissioner of human services under section
254A.03, subdivision 3. An appointment for the defendant to
undergo the assessment must be made by the court, a court services
probation officer, or the court administrator as soon as possible
but in no case more than one week after the defendant's
court appearance. The assessment must be completed no later
than three weeks after the defendant's court appearance. If
the assessment is not performed within this time limit, the
county where the defendant is to be sentenced shall perform
the assessment. The county of financial responsibility must
be determined under chapter 256G.
Subd. 5. Applicability to
nonresident. This section does not apply to a person who is
not a resident of the state of Minnesota at the time of the
offense and at the time of the assessment.
Subd. 6. Method of
assessment. (a) As used in this subdivision, "collateral
contact" means an oral or written
communication initiated by an assessor for the purpose
of gathering information from an individual or agency, other
than the offender, to verify or supplement information provided
by the offender during an assessment under this section. The
term includes contacts with family members and criminal
justice agencies.
(b) An assessment conducted under this section must
include at least one personal interview with the offender designed
to make a determination about the extent of the offender's past
and present chemical and alcohol use or abuse. It must also
include collateral contacts and a review of relevant records or
reports regarding the offender including, but not limited to,
police reports, arrest reports, driving records, chemical
testing records, and test refusal records. If the offender
has a probation officer, the officer must be the subject of
a collateral contact under this subdivision. If an assessor
is unable to make collateral contacts, the assessor shall
specify why collateral contacts were not made.
Subd. 7. Preconviction
assessment. (a) The court may not accept a chemical use
assessment conducted before conviction as a substitute for the
assessment required by this section unless the court ensures that
the preconviction assessment meets the standards described in this
section.
(b) If the commissioner of public safety is making
a decision regarding reinstating a person's driver's license
based on a chemical use assessment, the commissioner shall ensure
that the assessment meets the standards described in this
section.
HIST: 2000 c 478 art 1 s 38; 2005 c 136 art 18 s
8-10
