Minnesota
Copyright © 2006 by the Office of Revisor of Statutes, State of Minnesota.
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.
History: 2000 c 478 art 1 s 1
169A.03 DEFINITIONS.
Subdivision 1. Scope. (a) As used in this chapter, unless the context clearly indicates otherwise, the terms defined in this section have the meanings given.
(b) If a term defined in section 169.01, but not defined in this chapter, is used in this chapter,
the term has the meaning given in section 169.01, unless the context clearly indicates otherwise.
Subd. 2. Alcohol concentration. "Alcohol concentration" means:
(1) the number of grams of alcohol per 100 milliliters of blood;
(2) the number of grams of alcohol per 210 liters of breath; or
(3) the number of grams of alcohol per 67 milliliters of urine.
Subd. 3. Aggravating factor. "Aggravating factor" includes:
(1) a qualified prior impaired driving incident within the ten years immediately preceding
the current offense;
(2) 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
(3) having a child under the age of 16 in the motor vehicle at the time of the offense if the
child is more than 36 months younger than the offender.
Subd. 4. Commercial motor vehicle. "Commercial motor vehicle" has the meaning given
in section 169.01, subdivision 75.
Subd. 5. Commissioner. "Commissioner" means the commissioner of public safety or a
designee.
Subd. 5a. Control analysis. "Control analysis" means a procedure involving a solution that
yields a predictable alcohol concentration reading.
Subd. 6. Controlled substance. "Controlled substance" has the meaning given in section 152.01, subdivision 4.
Subd. 7. Driver. "Driver" has the meaning given in section 169.01, subdivision 25.
Subd. 8. Gross misdemeanor. "Gross misdemeanor" means a crime for which a person may
be sentenced to imprisonment for not more than one year, or to payment of a fine of not more
than $3,000, or both.
Subd. 9. Hazardous substance. "Hazardous substance" means any chemical or chemical
compound that is listed as a hazardous substance in rules adopted under chapter 182 (occupational
safety and health).
Subd. 10. Head Start bus. "Head Start bus" has the meaning given in section 169.01,
subdivision 80.
Subd. 11. Infrared or other approved breath-testing instrument. "Infrared or other
approved breath-testing instrument" means a breath-testing instrument that employs infrared or
other technology and has been approved by the commissioner of public safety for determining
alcohol concentration.
Subd. 12. Misdemeanor. "Misdemeanor" means a crime for which a person may be
sentenced to imprisonment for not more than 90 days, or to payment of a fine of not more than
$1,000, or both.
Subd. 13. Motorboat. "Motorboat" has the meaning given in section 86B.005, subdivision 9.
Subd. 14. Motorboat in operation. "Motorboat in operation" does not include a motorboat
that is anchored, beached, or securely fastened to a dock or other permanent mooring or a
motorboat that is being rowed or propelled by other than mechanical means.
Subd. 15. Motor vehicle. "Motor vehicle" means every vehicle that is self-propelled and
every vehicle that is propelled by electric power obtained from overhead trolley wires. The
term includes motorboats in operation and off-road recreational vehicles, but does not include a
vehicle moved solely by human power.
Subd. 16. Off-road recreational vehicle. "Off-road recreational vehicle" means an
off-highway motorcycle as defined in section 84.787, subdivision 7; off-road vehicle as defined
in section 84.797, subdivision 7; snowmobile as defined in section 84.81, subdivision 3; and
all-terrain vehicle as defined in section 84.92, subdivision 8.
Subd. 17. Owner. "Owner" has the meaning given in section 169.01, subdivision 26.
Subd. 18. Peace officer. "Peace officer" means:
(1) a State Patrol officer;
(2) University of Minnesota peace officer;
(3) police officer of any municipality, including towns having powers under section 368.01,
or county; and
(4) for purposes of violations of this chapter in or on an off-road recreational vehicle or
motorboat, or for violations of section 97B.065 or 97B.066, a state conservation officer.
Subd. 19. Police officer. "Police officer" has the meaning given in section 169.01,
subdivision 27 .
Subd. 20. Prior impaired driving conviction. "Prior impaired driving conviction" includes
a prior conviction under:
(1) section 169A.20 (driving while impaired); 169A.31 (alcohol-related school bus or Head
Start bus driving); or 360.0752 (impaired aircraft operation);
(2) section 609.21 (criminal vehicular homicide and injury, substance-related offenses),
subdivision 1, clauses (2) to (6); subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) to
(6); subdivision 2b, clauses (2) to (6); subdivision 3, clauses (2) to (6); or subdivision 4, clauses
(2) to (6);
(3) Minnesota Statutes 1998, section 169.121 (driver under influence of alcohol or controlled
substance); 169.1211 (alcohol-related driving by commercial vehicle drivers); or 169.129 (aggravated DWI-related violations; penalty);
(4) Minnesota Statutes 1996, section 84.91, subdivision 1, paragraph (a) (operating
snowmobile or all-terrain vehicle while impaired); or 86B.331, subdivision 1, paragraph (a)
(operating motorboat while impaired); or
(5) an ordinance from this state, or a statute or ordinance from another state, in conformity
with any provision listed in clause (1), (2), (3), or (4).
A "prior impaired driving conviction" also includes a prior juvenile adjudication that would have
been a prior impaired driving conviction if committed by an adult.
Subd. 21. Prior impaired driving-related loss of license. (a) "Prior impaired driving-related
loss of license" includes a driver's license suspension, revocation, cancellation, denial, or
disqualification under:
(1) section 169A.31 (alcohol-related school bus or Head Start bus driving); 169A.50 to 169A.53 (implied consent law); 169A.54 (impaired driving convictions and adjudications;
administrative penalties); 171.04 (persons not eligible for drivers' licenses); 171.14 (cancellation); 171.16 (court may recommend suspension); 171.165 (commercial driver's license,
disqualification); 171.17 (revocation); or 171.18 (suspension); because of an alcohol-related
incident;
(2) section 609.21 (criminal vehicular homicide and injury, substance-related offenses),
subdivision 1, clauses (2) to (6); subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) to
(6); subdivision 2b, clauses (2) to (6); subdivision 3, clauses (2) to (6); or subdivision 4, clauses
(2) to (6);
(3) Minnesota Statutes 1998, section 169.121 (driver under influence of alcohol or controlled
substance); 169.1211 (alcohol-related driving by commercial vehicle drivers); or 169.123 (chemical tests for intoxication); or
(4) an ordinance from this state, or a statute or ordinance from another state, in conformity
with any provision listed in clause (1), (2), or (3).
(b) "Prior impaired driving-related loss of license" also includes the revocation of
snowmobile or all-terrain vehicle operating privileges under section 84.911 (chemical testing),
or motorboat operating privileges under section 86B.335 (testing for alcohol and controlled
substances), for violations that occurred on or after August 1, 1994; the revocation of snowmobile
or all-terrain vehicle operating privileges under section 84.91 (operation of snowmobiles and
all-terrain vehicles by persons under the influence of alcohol or controlled substances); or the
revocation of motorboat operating privileges under section 86B.331 (operation while using
alcohol or drugs or with a physical or mental disability).
(c) "Prior impaired driving-related loss of license" does not include any license action
stemming solely from a violation of section 169A.33 (underage drinking and driving), 171.09 (conditions of a restricted license), or 340A.503 (persons under the age of 21, illegal acts).
Subd. 22. Qualified prior impaired driving incident. "Qualified prior impaired driving
incident" includes prior impaired driving convictions and prior impaired driving-related losses
of license.
Subd. 23. School bus. "School bus" has the meaning given in section 169.01, subdivision 6.
Subd. 24. Street or highway. "Street or highway" has the meaning given in section 169.01,
subdivision 29 .
Subd. 25. Vehicle. "Vehicle" has the meaning given in section 169.01, subdivision 2.
History: 2000 c 478 art 1 s 2; 1Sp2001 c 8 art 8 s 4; 2002 c 323 s 18; 2003 c 96 s 1;
1Sp2003 c 2 art 9 s 1,2; 2005 c 10 art 2 s 4
169A.05 PARENTHETICAL REFERENCES.
Words set forth in parentheses after references to sections or subdivisions in this chapter are
mere catchwords included solely for convenience in reference. They are not substantive and may
not be used to construe or limit the meaning of any statutory language.
History: 2000 c 478 art 1 s 3
169A.07 FIRST-TIME DWI 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).
History: 2000 c 478 art 1 s 4; 1Sp2001 c 8 art 11 s 1; 1Sp2001 c 9 art 19 s 2; 2002 c
379 art 1 s 113
169A.09 DETERMINING QUALIFIED PRIOR DWI INCIDENTS.
Prior impaired driving convictions and prior impaired driving-related losses of license must
arise out of a separate course of conduct to be considered as multiple qualified prior impaired
driving incidents under this chapter. When a person has a prior impaired driving conviction and
a prior impaired driving-related loss of license based on the same course of conduct, either the
conviction or the loss of license may be considered a qualified prior impaired driving incident, but
not both.
History: 2000 c 478 art 1 s 5
169A.095 DETERMINING NUMBER OF AGGRAVATING FACTORS.
When determining the number of aggravating factors present for purposes of this chapter,
subject to section 169A.09 (sanctions for prior behavior to be based on separate courses of
conduct), each qualified prior impaired driving incident within the ten years immediately
preceding the current offense is counted as a separate aggravating factor.
History: 2000 c 478 art 1 s 6
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, or its metabolite, 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).
History: 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; 2006 c 260 art 2 s 2
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;
(2) has previously been convicted of a felony under this section; or
(3) has previously been convicted of a felony under section 609.21, subdivision 1, clause
(2), (3), (4), (5), or (6); subdivision 2, clause (2), (3), (4), (5), or (6); subdivision 2a, clause (2),
(3), (4), (5), or (6); subdivision 3, clause (2), (3), (4), (5), or (6); or subdivision 4, clause (2), (3),
(4), (5), or (6).
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).
History: 1Sp2001 c 8 art 11 s 3; 1Sp2001 c 9 art 19 s 4; 2002 c 379 art 1 s 113; 2006
c 260 art 2 s 3
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.
History: 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 4
169A.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.
History: 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.
History: 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 DWI 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 DWI 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 DWI 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 DWI 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.
History: 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 DWI 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).
History: 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.
History: 2000 c 478 art 1 s 12; 1Sp2001 c 8 art 12 s 1
169A.28 CONSECUTIVE SENTENCES.
Subdivision 1. Mandatory consecutive sentences. (a) 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 DWI-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.
(b) The requirement for consecutive sentencing in paragraph (a) does not apply if the person
is being sentenced to an executed prison term for a violation of section 169A.20 (driving while
impaired) under circumstances described in section 169A.24 (first-degree driving while impaired).
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.
History: 2000 c 478 art 1 s 13; 1Sp2001 c 8 art 12 s 2; 2006 c 260 art 2 s 4
169A.283 STAY OF EXECUTION OF SENTENCE.
Subdivision 1. Stay authorized. Except as otherwise provided in sections 169A.275 (mandatory penalties; nonfelony violations) and 169A.276 (mandatory penalties; felony
violations), when a court sentences a person convicted of a violation of section 169A.20 (driving
while impaired), the court may stay execution of the criminal sentence described 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) on the condition that the convicted person submit to the level of care recommended in
the chemical use assessment report required under section 169A.70 (alcohol safety programs;
chemical use assessments). If the court does not order a level of care in accordance with the
assessment report recommendation as a condition of a stay of execution, it shall state on the
record its reasons for not following the assessment report recommendation.
Subd. 2. Manner and length of stay, required report. A stay of execution must be in the
manner provided in section 609.135 (stay of imposition or execution of sentence). The length of
stay is governed by section 609.135, subdivision 2. The court shall report to the commissioner
any stay of execution of sentence granted under this section.
Subd. 3. No stay of license revocation. 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).
History: 2000 c 478 art 1 s 14; 1Sp2001 c 8 art 11 s 9; 1Sp2001 c 9 art 19 s 10; 2002 c
379 art 1 s 113
169A.284 CHEMICAL DEPENDENCY ASSESSMENT CHARGE; SURCHARGE.
Subdivision 1. When required. (a) When a court sentences a person convicted of an offense
enumerated in section 169A.70, subdivision 2 (chemical use assessment; requirement; form), it
shall impose a chemical dependency assessment charge of $125. A person shall pay an additional
surcharge of $5 if the person is convicted of a violation of section 169A.20 (driving while
impaired) within five years of a prior impaired driving conviction or a prior conviction for an
offense arising out of an arrest for a violation of section 169A.20 or Minnesota Statutes 1998,
section 169.121 (driver under influence of alcohol or controlled substance) or 169.129 (aggravated
DWI-related violations; penalty). This section applies when the sentence is executed, stayed, or
suspended. The court may not waive payment or authorize payment of the assessment charge
and surcharge in installments unless it makes written findings on the record that the convicted
person is indigent or that the assessment charge and surcharge would create undue hardship for
the convicted person or that person's immediate family.
(b) The chemical dependency assessment charge and surcharge required under this section
are in addition to the surcharge required by section 357.021, subdivision 6 (surcharges on criminal
and traffic offenders).
Subd. 2. Distribution of money. The county shall collect and forward to the commissioner
of finance $25 of the chemical dependency assessment charge and the $5 surcharge, if any, within
60 days after sentencing or explain to the commissioner in writing why the money was not
forwarded within this time period. The commissioner shall credit the money to the general fund.
The county shall collect and keep $100 of the chemical dependency assessment charge.
History: 2000 c 478 art 1 s 15
169A.285 PENALTY ASSESSMENT.
Subdivision 1. Authority; amount. When a court sentences a person who violates 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 violation, the court may impose a
penalty assessment of up to $1,000. The court may impose this assessment in addition to any
other penalties or charges authorized under law.
Subd. 2. Assessment distribution. Money collected under this section must be distributed
as follows:
(1) if the arresting officer is an employee of a political subdivision, the assessment must
be forwarded to the treasury of the political subdivision for use in enforcement, training, and
education activities related to driving while impaired; or
(2) if the arresting officer is an employee of the state, the assessment must be forwarded to
the state treasury and credited to the general fund.
History: 2000 c 478 art 1 s 16
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.
History: 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.
History: 2000 c 478 art 1 s 18
169A.35 OPEN BOTTLE LAW.
Subdivision 1. Definitions. As used in this section:
(1) "alcoholic beverage" has the meaning given it in section 340A.101, subdivision 2;
(2) "distilled spirits" has the meaning given it in section 340A.101, subdivision 9;
(3) "motor vehicle" does not include motorboats in operation or off-road recreational
vehicles;
(4) "possession" means either that the person had actual possession of the bottle or receptacle
or that the person consciously exercised dominion and control over the bottle or receptacle; and
(5) "3.2 percent malt liquor" has the meaning given it in section 340A.101, subdivision 19.
Subd. 1a. Alcoholic beverage, distilled spirit, 3.2 malt liquor; determination. For
purposes of this section only, when determining whether a beverage is an alcoholic beverage,
a distilled spirit, or 3.2 percent malt liquor:
(1) "alcohol by volume" means milliliters of alcohol per 100 milliliters of beverage; and
(2) "alcohol by weight" means grams of alcohol per 100 grams of beverage.
Subd. 2. Drinking and consumption; crime described. It is a crime for a person to drink
or consume an alcoholic beverage, distilled spirit, or 3.2 percent malt liquor in a motor vehicle
when the vehicle is upon a street or highway.
Subd. 3. Possession; crime described. It is a crime for a person to have in possession,
while in a private motor vehicle upon a street or highway, any bottle or receptacle containing an
alcoholic beverage, distilled spirit, or 3.2 percent malt liquor that has been opened, or the seal
broken, or the contents of which have been partially removed.
Subd. 4. Liability of nonpresent owner; crime described. It is a crime for the owner of any
private motor vehicle or the driver, if the owner is not present in the motor vehicle, to keep or
allow to be kept in a motor vehicle when the vehicle is upon a street or highway any bottle or
receptacle containing an alcoholic beverage, distilled spirit, or 3.2 percent malt liquor that has
been opened, or the seal broken, or the contents of which have been partially removed.
Subd. 5. Criminal penalty. A person who violates subdivisions 2 to 4 is guilty of a
misdemeanor.
Subd. 6. Exceptions. (a) This section does not prohibit the possession or consumption of
alcoholic beverages by passengers in:
(1) a bus that is operated by a motor carrier of passengers, as defined in section 221.011,
subdivision 48 ; or
(2) a vehicle providing limousine service as defined in section 221.84, subdivision 1.
(b) Subdivisions 3 and 4 do not apply to a bottle or receptacle that is in the trunk of the vehicle
if it is equipped with a trunk, or that is in another area of the vehicle not normally occupied by the
driver and passengers if the vehicle is not equipped with a trunk. However, a utility compartment
or glove compartment is deemed to be within the area occupied by the driver and passengers.
History: 2000 c 426 s 22-24; 2000 c 478 art 1 s 19; art 2 s 7; 1Sp2001 c 8 art 12 s 3,4
169A.37 LICENSE PLATE IMPOUNDMENT VIOLATION CRIMES.
Subdivision 1. Crime described. It is a crime for a person:
(1) to fail to comply with an impoundment order under section 169A.60 (administrative
plate impoundment);
(2) to file a false statement under section 169A.60, subdivision 7, 8, or 14;
(3) to operate a self-propelled motor vehicle on a street or highway when the vehicle is
subject to an impoundment order issued under section 169A.60, unless specially coded plates
have been issued for the vehicle pursuant to section 169A.60, subdivision 13;
(4) to fail to notify the commissioner of the impoundment order when requesting new plates;
(5) who is subject to a plate impoundment order under section 169A.60, to drive, operate,
or be in control of any motor vehicle during the impoundment period, unless the vehicle has
specially coded plates issued pursuant to section 169A.60, subdivision 13, and the person is
validly licensed to drive; or
(6) who is the transferee of a motor vehicle and who has signed a sworn statement under
section 169A.60, subdivision 14, to allow the previously registered owner to drive, operate, or
be in control of the vehicle during the impoundment period.
Subd. 2. Criminal penalty. A person who violates subdivision 1 is guilty of a misdemeanor.
History: 2000 c 478 art 1 s 20; 1Sp2001 c 8 art 12 s 5
169A.40 ARREST POWERS.
Subdivision 1. Probable cause arrest. A peace officer may lawfully arrest a person for
violation of section 169A.20 (driving while impaired), 169A.31 (alcohol-related school bus or
Head Start bus driving), or 169A.33 (underage drinking and driving), without a warrant upon
probable cause, without regard to whether the violation was committed in the officer's presence.
Subd. 2. Fresh pursuit. When a peace officer has probable cause to believe that a person is
driving or operating a motor vehicle in violation of section 169A.20 (driving while impaired), 169A.31 (alcohol-related school bus or Head Start bus driving), or 169A.33 (underage drinking
and driving) and before a stop or arrest can be made the person escapes from the geographical
limits of the officer's jurisdiction, the officer in fresh pursuit of the person may stop or arrest the
person in another jurisdiction within this state and may exercise the powers and perform the duties of a peace officer under this chapter. An officer acting in fresh pursuit pursuant to this section is serving in the regular line of duty as fully as though within the officer's jurisdiction.
Subd. 3. Certain DWI offenders; custodial arrest. Notwithstanding rule 6.01 of the Rules
of Criminal Procedure, a peace officer acting without a warrant who has decided to proceed with
the prosecution of a person for violating section 169A.20 (driving while impaired), shall arrest
and take the person into custody, and the person must be detained until the person's first court
appearance, if the officer has reason to believe that the violation occurred:
(1) under the circumstances described in section 169A.24 (first-degree driving while impaired) or 169A.25 (second-degree driving while impaired);
(2) under the circumstances described in section 169A.26 (third-degree driving while
impaired) if the person is under the age of 19;
(3) in the presence of an aggravating factor described in section 169A.03, subdivision 3,
clause (2) or (3); or
(4) 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. 4. Other arrest powers not limited. The express grant of arrest powers in this section
does not limit the arrest powers of peace officers pursuant to sections 626.65 to 626.70 (uniform
law on fresh pursuit) or section 629.40 (allowing arrests anywhere in state) in cases of arrests for
violation of section 169A.20 (driving while impaired), 169A.31 (alcohol-related school bus or
Head Start bus driving), 169A.33 (underage drinking and driving), or any other provision of law.
History: 2000 c 478 art 1 s 21; 1Sp2001 c 8 art 11 s 10; 1Sp2001 c 9 art 19 s 11; 2002 c 379
art 1 s 113; 1Sp2003 c 2 art 9 s 10
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
169A.42 VEHICLE IMPOUNDMENT UNDER ORDINANCE; REDEMPTION.
Subdivision 1. Definition. As used in this section, "impoundment" means the removal of a
motor vehicle to a storage facility or impound lot as authorized by a local ordinance.
Subd. 2. Redemption; prerequisites. If a motor vehicle is impounded by a peace officer
following the arrest or taking into custody of a driver for a violation of section 169A.20 (driving
while impaired), or an ordinance in conformity with it, the impounded vehicle must only be
released from impoundment:
(1) to the registered owner, a person authorized by the registered owner, a lienholder of
record, or a person who has purchased the vehicle from the registered owner, who provides proof
of ownership of the vehicle, proof of valid Minnesota driving privileges, and proof of insurance
required by law to cover the vehicle;
(2) if the vehicle is subject to a rental or lease agreement, to a renter or lessee with valid
Minnesota driving privileges who provides a copy of the rental or lease agreement and proof of
insurance required by law to cover the vehicle; or
(3) to an agent of a towing company authorized by a registered owner if the owner provides
proof of ownership of the vehicle and proof of insurance required by law to cover the vehicle.
Subd. 3. To whom information provided. The proof of ownership and insurance or, if
applicable, the copy of the rental or lease agreement required by subdivision 2 must be provided
to the law enforcement agency impounding the vehicle or to a person or entity designated by the
law enforcement agency to receive the information.
Subd. 4. Liability for storage costs. No law enforcement agency, local unit of government,
or state agency is responsible or financially liable for any storage fees incurred due to an
impoundment under this section.
History: 2000 c 478 art 1 s 23
169A.43 PROSECUTORIAL RESPONSIBILITY; VENUE; CRIMINAL HISTORY.
Subdivision 1. Definition. As used in this section, "impaired driving offense" includes
violations of sections 169A.20 to 169A.33.
Subd. 2. Prosecution. The attorney in the jurisdiction in which an impaired driving offense
occurred who is responsible for prosecution of misdemeanor-level impaired driving offenses is
also responsible for prosecution of gross misdemeanor-level impaired driving offenses.
Subd. 3. Venue. (a) A violation of section 169A.20, subdivision 2 (refusal to submit to
chemical test) may be prosecuted either in the jurisdiction where the arresting officer observed
the defendant driving, operating, or in control of the motor vehicle or in the jurisdiction where
the refusal occurred.
(b) An underage drinking and driving offense may be prosecuted as provided in section 169A.33, subdivision 6 (underage drinking and driving).
Subd. 4. Criminal history information. When an attorney responsible for prosecuting
impaired driving offenses requests criminal history information relating to prior impaired driving
convictions from a court, the court shall furnish the information without charge.
History: 2000 c 478 art 1 s 24
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
169A.45 EVIDENCE.
Subdivision 1. Alcohol concentration evidence. Upon the trial of any prosecution arising
out of acts alleged to have been committed by any person arrested for violating section 169A.20 (driving while impaired) or 169A.31 (alcohol-related school bus or Head Start bus driving), the
court may admit evidence of the presence or amount of alcohol in the person's blood, breath, or
urine as shown by an analysis of those items. In addition, in a prosecution for a violation of
section 169A.20, the court may admit evidence of the presence or amount in the person's blood,
breath, or urine, as shown by an analysis of those items, of:
(1) a controlled substance or its metabolite; or
(2) a hazardous substance.
Subd. 2. Relevant evidence of impairment. For the purposes of section 169A.20 (driving
while impaired), evidence that there was at the time an alcohol concentration of 0.04 or more is
relevant evidence in indicating whether or not the person was under the influence of alcohol.
Subd. 3. Evidence of refusal. Evidence of the refusal to take a test is admissible into
evidence in a prosecution under section 169A.20 (driving while impaired).
Subd. 4. Other competent evidence admissible. The preceding provisions do not limit the
introduction of any other competent evidence bearing upon the question of whether the person
violated section 169A.20 (driving while impaired) or 169A.31 (alcohol-related school bus or
Head Start bus driving), including tests obtained more than two hours after the alleged violation
and results obtained from partial tests on an infrared or other approved breath-testing instrument.
A result from a partial test is the measurement obtained by analyzing one adequate breath sample,
as described in section 169A.51, subdivision 5, paragraph (b) (breath test using infrared or other
approved breath-testing instrument).
History: 2000 c 478 art 1 s 26; 2003 c 96 s 2; 2006 c 260 art 2 s 5
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
169A.47 NOTICE OF ENHANCED PENALTY.
When a court sentences a person for a violation of sections 169A.20 to 169A.31 (impaired
driving offenses), it shall inform the defendant of the statutory provisions that provide for
enhancement of criminal penalties for repeat violators, and the provisions that provide for
administrative plate impoundment and forfeiture of motor vehicles used to commit an impaired
driving offense. The notice must describe the conduct and the time periods within which the
conduct must occur in order to result in increased penalties, plate impoundment, or forfeiture. The
failure of a court to provide this information to a defendant does not affect the future applicability
of these enhanced penalties to that defendant.
History: 2000 c 478 art 1 s 28
169A.48 IMMUNITY FROM LIABILITY.
Subdivision 1. Definition. For purposes of this section, "political subdivision" means a
county, statutory or home rule charter city, or town.
Subd. 2. Immunity. The state or political subdivision by which a peace officer making an
arrest for violation of sections 169A.20 to 169A.33 (impaired driving offenses), is employed has
immunity from any liability, civil or criminal, for the care or custody of the motor vehicle being
driven by, operated by, or in the physical control of the person arrested if the peace officer acts in
good faith and exercises due care.
History: 2000 c 478 art 1 s 29
169A.50 CITATION.
Sections 169A.50 to 169A.53 may be cited as the Implied Consent Law.
History: 2000 c 478 art 1 s 30
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, a controlled substance
or its metabolite, or a hazardous substance. 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 or metabolite,
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 a hazardous substance that is not subject
to testing by a breath test; or
(2) a controlled substance listed in schedule I or II or its metabolite, 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, a controlled substance
or its metabolite, or a hazardous substance. 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,
a controlled substance or its metabolite, or a hazardous substance 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.
History: 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; 2006 c 260 art 2 s 6-9
169A.52 TEST REFUSAL OR FAILURE; LICENSE REVOCATION.
Subdivision 1. Test refusal. If a person refuses to permit a test, then a test must not be
given, but the peace officer shall report the refusal to the commissioner and the authority having
responsibility for prosecution of impaired driving offenses for the jurisdiction in which the acts
occurred. However, if a peace officer has probable cause to believe that the person has violated
section 609.21 (criminal vehicular homicide and injury), a test may be required and obtained
despite the person's refusal. A refusal to submit to an alcohol concentration test does not constitute
a violation of section 609.50 (obstructing legal process), unless the refusal was accompanied by
force or violence or the threat of force or violence.
Subd. 2. Reporting test failure. (a) If a person submits to a test, the results of that test must
be reported to the commissioner and to the authority having responsibility for prosecution of
impaired driving offenses for the jurisdiction in which the acts occurred, if the test results indicate:
(1) an alcohol concentration of 0.08 or more;
(2) an alcohol concentration of 0.04 or more, if the person was driving, operating, or in
physical control of a commercial motor vehicle at the time of the violation; or
(3) the presence of a controlled substance listed in schedule I or II or its metabolite, other
than marijuana or tetrahydrocannabinols.
(b) If a person submits to a test and the test results indicate the presence of a hazardous
substance, the results of that test must be reported to the authority having responsibility for
prosecution of impaired driving offenses for the jurisdiction in which the acts occurred.
Subd. 3. Test refusal; license revocation. (a) Upon certification by the peace officer that there existed probable cause to believe the person had been driving, operating, or in physical
control of a motor vehicle in violation of section 169A.20 (driving while impaired), and that the
person refused to submit to a test, the commissioner shall revoke the person's license or permit
to drive, or nonresident operating privilege, for a period of one year even if a test was obtained
pursuant to this section after the person refused to submit to testing.
(b) Upon certification by the peace officer that there existed probable cause to believe the
person had been driving, operating, or in physical control of a commercial motor vehicle with the
presence of any alcohol in violation of section 169A.20 (driving while impaired), and that the
person refused to submit to a test, the commissioner shall disqualify the person from operating a
commercial motor vehicle and shall revoke the person's license or permit to drive or nonresident
operating privilege according to the federal regulations adopted by reference in section 171.165,
subdivision 2.
Subd. 4. Test failure; license revocation. (a) Upon certification by the peace officer that
there existed probable cause to believe the person had been driving, operating, or in physical
control of a motor vehicle in violation of section 169A.20 (driving while impaired) and that the
person submitted to a test and the test results indicate an alcohol concentration of 0.08 or more
or the presence of a controlled substance listed in schedule I or II or its metabolite, other than
marijuana or tetrahydrocannabinols, then the commissioner shall revoke the person's license or
permit to drive, or nonresident operating privilege:
(1) for a period of 90 days;
(2) if the person is under the age of 21 years, for a period of six months;
(3) for a person with a qualified prior impaired driving incident within the past ten years,
for a period of 180 days; or
(4) if the test results indicate an alcohol concentration of 0.20 or more, for twice the
applicable period in clauses (1) to (3).
(b) On certification by the peace officer that there existed probable cause to believe the
person had been driving, operating, or in physical control of a commercial motor vehicle with any
presence of alcohol and that the person submitted to a test and the test results indicated an alcohol
concentration of 0.04 or more, the commissioner shall disqualify the person from operating a
commercial motor vehicle under section 171.165 (commercial driver's license disqualification).
(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau of
Criminal Apprehension, or authorized by the bureau to conduct the analysis of a blood or urine
sample, the laboratory may directly certify to the commissioner the test results, and the peace
officer shall certify to the commissioner that there existed probable cause to believe the person had
been driving, operating, or in physical control of a motor vehicle in violation of section 169A.20 and that the person submitted to a test. Upon receipt of both certifications, the commissioner shall
undertake the license actions described in paragraphs (a) and (b).
Subd. 5. Unlicensed drivers; license issuance denial. If the person is a resident without
a license or permit to operate a motor vehicle in this state, the commissioner shall deny to the
person the issuance of a license or permit after the date of the alleged violation for the same
period as provided in this section for revocation, subject to review as provided in section 169A.53 (administrative and judicial review of license revocation).
Subd. 6. Notice of revocation or disqualification; review. A revocation under this section
or a disqualification under section 171.165 (commercial driver's license disqualification)
becomes effective at the time the commissioner or a peace officer acting on behalf of the
commissioner notifies the person of the intention to revoke, disqualify, or both, and of revocation
or disqualification. The notice must advise the person of the right to obtain administrative and
judicial review as provided in section 169A.53 (administrative and judicial review of license
revocation). If mailed, the notice and order of revocation or disqualification is deemed received
three days after mailing to the last known address of the person.
Subd. 7. Test refusal; driving privilege lost. (a) On behalf of the commissioner, a peace
officer requiring a test or directing the administration of a chemical test shall serve immediate
notice of intention to revoke and of revocation on a person who refuses to permit a test or on a
person who submits to a test the results of which indicate an alcohol concentration of 0.08 or more.
(b) On behalf of the commissioner, a peace officer requiring a test or directing the
administration of a chemical test of a person driving, operating, or in physical control of
a commercial motor vehicle shall serve immediate notice of intention to disqualify and of
disqualification on a person who refuses to permit a test, or on a person who submits to a test the
results of which indicate an alcohol concentration of 0.04 or more.
(c) The officer shall:
(1) invalidate the person's driver's license or permit card by clipping the upper corner of
the card in such a way that no identifying information including the photo is destroyed, and
immediately return the card to the person;
(2) issue the person a temporary license effective for only seven days; and
(3) send the notification of this action to the commissioner along with the certificate required
by subdivision 3 or 4.
Subd. 8. Notice of action to other states. When a nonresident's privilege to operate a motor
vehicle in this state has been revoked or denied, the commissioner shall give information in
writing of the action taken to the official in charge of traffic control or public safety of the state of
the person's residence and of any state in which the person has a license.
History: 2000 c 478 art 1 s 32; 2004 c 282 s 1; 2004 c 283 s 5-7; 2005 c 136 art 18 s 3;
1Sp2005 c 6 art 3 s 54; 2006 c 260 art 2 s 10,11
169A.53 ADMINISTRATIVE AND JUDICIAL REVIEW OF LICENSE REVOCATION.
Subdivision 1. Administrative review. (a) At any time during a period of revocation
imposed under section 169A.52 (revocation of license for test failure or refusal) or a period of
disqualification imposed under section 171.165 (commercial driver's license disqualification),
a person may request in writing a review of the order of revocation or disqualification by
the commissioner, unless the person is entitled to review under section 171.166 (review of
disqualification). Upon receiving a request the commissioner or the commissioner's designee
shall review the order, the evidence upon which the order was based, and any other material
information brought to the attention of the commissioner, and determine whether sufficient cause
exists to sustain the order. Within 15 days of receiving the request the commissioner shall report
in writing the results of the review. The review provided in this subdivision is not subject to the
contested case provisions of the Administrative Procedure Act in sections 14.001 to 14.69.
(b) The availability of administrative review for an order of revocation or disqualification
has no effect upon the availability of judicial review under this section.
(c) Review under this subdivision must take place, if possible, at the same time as any
administrative review of the person's impoundment order under section 169A.60, subdivision 9.
Subd. 2. Petition for judicial review. (a) Within 30 days following receipt of a notice and
order of revocation or disqualification pursuant to section 169A.52 (revocation of license for test
failure or refusal), a person may petition the court for review. The petition must be filed with the
district court administrator in the county where the alleged offense occurred, together with proof
of service of a copy on the commissioner, and accompanied by the standard filing fee for civil
actions. Responsive pleading is not required of the commissioner, and court fees must not be
charged for the appearance of the commissioner in the matter.
(b) The petition must:
(1) be captioned in the full name of the person making the petition as petitioner and the
commissioner as respondent;
(2) include the petitioner's date of birth, driver's license number, and date of the offense; and
(3) state with specificity the grounds upon which the petitioner seeks rescission of the order
of revocation, disqualification, or denial.
(c) The filing of the petition does not stay the revocation, disqualification, or denial. The
reviewing court may order a stay of the balance of the revocation or disqualification if the
hearing has not been conducted within 60 days after filing of the petition upon terms the court
deems proper.
(d) Judicial reviews must be conducted according to the Rules of Civil Procedure, except
that prehearing discovery is mandatory and is limited to:
(1) the notice of revocation;
(2) the test record or, in the case of blood or urine tests, the certificate of analysis;
(3) the peace officer's certificate and any accompanying documentation submitted by the
arresting officer to the commissioner; and
(4) disclosure of potential witnesses, including experts, and the basis of their testimony.
Other types of discovery are available only upon order of the court.
Subd. 3. Judicial hearing; issues, order, appeal. (a) A judicial review hearing under this
section must be before a district judge in any county in the judicial district where the alleged
offense occurred. The hearing is to the court and may be conducted at the same time and in the
same manner as hearings upon pretrial motions in the criminal prosecution under section 169A.20 (driving while impaired), if any. The hearing must be recorded. The commissioner shall appear
and be represented by the attorney general or through the prosecuting authority for the jurisdiction
involved. The hearing must be held at the earliest practicable date, and in any event no later than
60 days following the filing of the petition for review. The judicial district administrator shall
establish procedures to ensure efficient compliance with this subdivision. To accomplish this,
the administrator may, whenever possible, consolidate and transfer review hearings among the
locations within the judicial district where terms of district court are held.
(b) The scope of the hearing is limited to the issues in clauses (1) to (10):
(1) Did the peace officer have probable cause to believe the person was driving, operating,
or in physical control of a motor vehicle or commercial motor vehicle in violation of section 169A.20 (driving while impaired)?
(2) Was the person lawfully placed under arrest for violation of section 169A.20?
(3) Was the person involved in a motor vehicle accident or collision resulting in property
damage, personal injury, or death?
(4) Did the person refuse to take a screening test provided for by section 169A.41 (preliminary screening test)?
(5) If the screening test was administered, did the test indicate an alcohol concentration of
0.08 or more?
(6) At the time of the request for the test, did the peace officer inform the person of the
person's rights and the consequences of taking or refusing the test as required by section 169A.51,
subdivision 2?
(7) Did the person refuse to permit the test?
(8) If a test was taken by a person driving, operating, or in physical control of a motor
vehicle, did the test results indicate at the time of testing:
(i) an alcohol concentration of 0.08 or more; or
(ii) the presence of a controlled substance listed in schedule I or II or its metabolite, other
than marijuana or tetrahydrocannabinols?
(9) If a test was taken by a person driving, operating, or in physical control of a commercial
motor vehicle, did the test results indicate an alcohol concentration of 0.04 or more at the time
of testing?
(10) Was the testing method used valid and reliable and were the test results accurately
evaluated?
(c) It is an affirmative defense for the petitioner to prove that, at the time of the refusal, the
petitioner's refusal to permit the test was based upon reasonable grounds.
(d) Certified or otherwise authenticated copies of laboratory or medical personnel reports,
records, documents, licenses, and certificates are admissible as substantive evidence.
(e) The court shall order that the revocation or disqualification be either rescinded or
sustained and forward the order to the commissioner. The court shall file its order within 14
days following the hearing. If the revocation or disqualification is sustained, the court shall also
forward the person's driver's license or permit to the commissioner for further action by the
commissioner if the license or permit is not already in the commissioner's possession.
(f) Any party
