Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
CHAPTER 442-S.F.No. 2340
An act relating to crimes; driving while intoxicated;
expanding the prohibitions of the driving while
intoxicated and criminal vehicular operation laws to
include persons who operate a motor vehicle or
airplane with the presence of any amount of certain
controlled substances in their bodies; providing a
defense for controlled substance use that complies
with a lawfully issued prescription; expanding
criminal vehicular operation law to include conduct
resulting in bodily harm and to recodify certain hit
and run crimes; requiring issuance of special
registration plates to certain nonviolator owners;
recodifying law providing penalties and license
suspension to youth under 21 who drive after drinking;
providing a longer waiting period before the issuance
of a limited license following DWI and certain other
offenses if the driver is under the age of 18 years;
clarifying the application of consecutive sentencing
provisions to impaired driving and driver's license
offenses arising out of a single course of conduct;
requiring the POST board to develop a plan to train
peace officers in drug recognition techniques; driving
while intoxicated; making clarifying technical
changes; prescribing penalties; appropriating money;
amending Minnesota Statutes 1994, sections 168.042,
subdivision 8, and by adding a subdivision; 169.01, by
adding subdivisions; 169.121, subdivisions 1, 1c, 2,
3, 4, 6, and 10a; 169.123, subdivisions 2, 2a, 3, 4,
and 6; 169.129; 169.791, by adding a subdivision;
169.797, subdivision 4; 171.30, by adding a
subdivision; 360.0752, subdivisions 1, 2, 5, 6, and 7;
360.0753, subdivisions 2, 3, and 6; 609.21; and
629.471, subdivision 2; Minnesota Statutes 1995
Supplement, sections 171.18, subdivision 1; and
340A.503, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapters 169; and 171.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1994, section 168.042,
subdivision 8, is amended to read:
Subd. 8. [REISSUANCE OF REGISTRATION PLATES.] (a) The
commissioner shall rescind the impoundment order of a person
subject to an order under this section, other than the violator,
if a:
(1) the violator had a valid driver's license on the date
of the violation and the person subject to an impoundment order
under this section, other than the violator, files with the
commissioner an acceptable sworn statement containing the
following information:
(1) (i) that the person is the registered owner of the
vehicle from which the plates have been impounded under this
section;
(2) (ii) that the person is the current owner and possessor
of the vehicle used in the violation;
(3) (iii) the date on which the violator obtained the
vehicle from the registered owner;
(4) (iv) the residence addresses of the registered owner
and the violator on the date the violator obtained the vehicle
from the registered owner;
(5) (v) that the person was not a passenger in the vehicle
at the time of the violation; and
(6) (vi) that the person knows that the violator may not
drive, operate, or be in physical control of a vehicle without a
valid driver's license; or
(2) the violator did not have a valid driver's license on
the date of the violation and the person made a report to law
enforcement before the violation stating that the vehicle had
been taken from the person's possession or was being used
without permission.
(b) The commissioner may not rescind the impoundment order
nor reissue registration plates to a registered owner if the
owner knew or had reason to know that the violator did not have
a valid driver's license on the date the violator obtained the
vehicle from the owner. A person who has failed to make a report
as provided in paragraph (a), clause (2), may be issued special
registration plates under subdivision 12 for a period of one
year from the effective date of the impoundment order. At the
next registration renewal following this period, the person may
apply for regular registration plates.
(c) If the order is rescinded, the owner shall receive new
registration plates at no cost, if the plates were seized and
destroyed.
Sec. 2. Minnesota Statutes 1994, section 168.042, is
amended by adding a subdivision to read:
Subd. 13a. [ACQUIRING ANOTHER VEHICLE.] If during the
effective period of the plate impoundment the violator applies
to the commissioner for registration plates for any vehicle, the
commissioner shall not issue registration plates unless the
violator qualifies for special registration plates under
subdivision 12 and unless the plates issued are special plates
as described in subdivision 12.
Sec. 3. Minnesota Statutes 1994, section 169.01, is
amended by adding a subdivision to read:
Subd. 82. [CONTROLLED SUBSTANCE.] "Controlled substance"
has the meaning given in section 152.01, subdivision 4.
Sec. 4. Minnesota Statutes 1994, section 169.01, is
amended by adding a subdivision to read:
Subd. 83. [HAZARDOUS SUBSTANCE.] "Hazardous substance"
means any chemical or chemical compound that is listed as a
hazardous substance in rules adopted under chapter 182.
Sec. 5. Minnesota Statutes 1994, section 169.121,
subdivision 1, is amended to read:
Subdivision 1. [CRIME; ACTS PROHIBITED.] It is a crime for
any person to drive, operate, or be in physical control of any
motor vehicle within this state or upon the ice of any boundary
water of this state under any of the following circumstances:
(a) when the person is under the influence of alcohol;
(b) when the person is under the influence of a controlled
substance, as defined in section 152.01, subdivision 4;
(c) when the person is under the influence of a combination
of any two or more of the elements named in clauses (a), (b),
and (f);
(d) when the person's alcohol concentration is 0.10 or
more;
(e) when the person's alcohol concentration as measured
within two hours of the time of driving, operating, or being in
physical control of the motor vehicle is 0.10 or more; or
(f) when the person is knowingly under the influence of any
chemical compound or combination of chemical compounds that is
listed as a hazardous substance in rules adopted under section
182.655 and 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; or
(g) when the person's body contains any amount of a
controlled substance listed in schedule I or II other than
marijuana or Tetrahydrocannabinols.
Sec. 6. Minnesota Statutes 1994, section 169.121,
subdivision 1c, is amended to read:
Subd. 1c. [CONDITIONAL RELEASE.] Unless maximum bail is
imposed under section 629.471, subdivision 2, a person charged
with violating subdivision 1 within ten years of the first of
three prior impaired driving convictions or within the person's
lifetime after four or more prior impaired driving convictions
may be released from detention only if the following conditions
are imposed in addition to the other conditions of release
ordered by the court:
(1) the impoundment of the registration plates of the
vehicle used to commit the violation, unless already impounded;
(2) a requirement that the alleged violator report weekly
to a probation agent;
(3) a requirement that the alleged violator abstain from
consumption of alcohol and controlled substances and submit to
random, weekly alcohol tests or urine analyses; and
(4) a requirement that, if convicted, the alleged violator
reimburse the court or county for the total cost of these
services.
Sec. 7. Minnesota Statutes 1994, section 169.121,
subdivision 2, is amended to read:
Subd. 2. [EVIDENCE.] (a) Upon the trial of any prosecution
arising out of acts alleged to have been committed by any person
arrested for driving, operating, or being in physical control of
a motor vehicle in violation of subdivision 1, the court may
admit evidence of the presence or amount of alcohol or a,
controlled substance substances, or hazardous substances in the
person's blood, breath, or urine as shown by an analysis of
those items.
(b) For the purposes of this subdivision, 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.
(c) Evidence of the refusal to take a test is admissible
into evidence in a prosecution under this section or an
ordinance in conformity with it.
(d) If proven by a preponderance of the evidence, it shall
be an affirmative defense to a violation of subdivision 1,
clause (e), that the defendant consumed a sufficient quantity of
alcohol after the time of actual driving, operating, or physical
control of a motor vehicle and before the administration of the
evidentiary test to cause the defendant's alcohol concentration
to exceed 0.10. Provided, that this evidence may not be
admitted unless notice is given to the prosecution prior to the
omnibus or pretrial hearing in the matter. Evidence that the
defendant consumed alcohol after the time of actual driving,
operating, or being in physical control of a motor vehicle may
not be admitted in defense to any alleged violation of this
section unless notice is given to the prosecution prior to the
omnibus or pretrial hearing in the matter.
(e) If proven by a preponderance of the evidence, it shall
be an affirmative defense to a violation of subdivision 1,
clause (g), 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.
(f) The foregoing preceding provisions do not limit the
introduction of any other competent evidence bearing upon the
question of whether or not the person violated this section,
including tests obtained more than two hours after the alleged
violation and results obtained from partial tests on an infrared
breath-testing instrument. A result from a partial test is the
measurement obtained by analyzing one adequate breath sample, as
defined in section 169.123, subdivision 2b, paragraph (b).
Sec. 8. Minnesota Statutes 1994, section 169.121,
subdivision 3, is amended to read:
Subd. 3. [CRIMINAL PENALTIES.] (a) As used in this
subdivision:
(1) "prior impaired driving conviction" means a prior
conviction under this section; section 84.91, subdivision 1,
paragraph (a); 86B.331, subdivision 1, paragraph (a); 169.129;
360.0752; 609.21, subdivision 1, clauses (2) to (4) (6); 609.21,
subdivision 2, clauses (2) to (4) (6); 609.21, subdivision 2a,
clauses (2) to (4) (6); subdivision 2b, clauses (2) to (6);
609.21, subdivision 3, clauses (2) to (4) (6); 609.21,
subdivision 4, clauses (2) to (4) (6); or an ordinance from this
state, or a statute or ordinance from another state in
conformity with any of them. 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; and
(2) "prior license revocation" means a driver's license
suspension, revocation, or cancellation under this section;
section 169.123; 171.04; 171.14; 171.16; 171.17; or 171.18
because of an alcohol-related incident; 609.21, subdivision 1,
clauses (2) to (4) (6); 609.21, subdivision 2, clauses (2)
to (4) (6); 609.21, subdivision 2a, clauses (2)
to (4) (6); subdivision 2b, clauses (2) to (6); 609.21,
subdivision 3, clauses (2) to (4) (6); or 609.21, subdivision 4,
clauses (2) to (4) (6); or an ordinance from this state, or a
statute or ordinance from another state in conformity with any
of them.
(b) A person who violates subdivision 1 or 1a, or an
ordinance in conformity with either of them, is guilty of a
misdemeanor.
(c) A person is guilty of a gross misdemeanor under any of
the following circumstances:
(1) the person violates subdivision 1 within five years of
a prior impaired driving conviction, or within ten years of the
first of two or more prior impaired driving convictions;
(2) the person violates subdivision 1a within five years of
a prior license revocation, or within ten years of the first of
two or more prior license revocations;
(3) the person violates section 169.26 while in violation
of subdivision 1; or
(4) the person violates subdivision 1 or 1a while a child
under the age of 16 is in the vehicle, if the child is more than
36 months younger than the violator.
(d) The attorney in the jurisdiction in which the violation
occurred who is responsible for prosecution of misdemeanor
violations of this section shall also be responsible for
prosecution of gross misdemeanor violations of this section.
(e) The court must impose consecutive sentences when it
sentences a person for a violation of this section or section
169.29 169.129 arising out of separate behavioral incidents.
The court also must impose a consecutive sentence when it
sentences a person for a violation of this section or section
169.129 and the person, at the time of sentencing, is on
probation for, or serving, an executed sentence for a violation
of this section or section 169.29 169.129 and the prior sentence
involved a separate behavioral incident. The court also may
order that the sentence imposed for a violation of this section
or section 169.29 169.129 shall run consecutively to a
previously imposed misdemeanor, gross misdemeanor or felony
sentence for a violation other than this section or section
169.129.
(f) The court may impose consecutive sentences for offenses
arising out of a single course of conduct as permitted in
section 609.035, subdivision 2.
(g) When an attorney responsible for prosecuting gross
misdemeanors under this section requests criminal history
information relating to prior impaired driving convictions from
a court, the court must furnish the information without charge.
(g) (h) A violation of subdivision 1a 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.
Sec. 9. Minnesota Statutes 1994, section 169.121,
subdivision 4, is amended to read:
Subd. 4. [ADMINISTRATIVE PENALTIES.] (a) The commissioner
of public safety shall revoke the driver's license of a person
convicted of violating this section or an ordinance in
conformity with it as follows:
(1) first for an offense under subdivision 1: not less
than 30 days;
(2) first for an offense under subdivision 1a: not less
than 90 days;
(3) second offense in less than five years, or third or
subsequent offense on the record for an offense occurring within
five years after a prior impaired driving conviction or a prior
license revocation, or any time after two or more prior impaired
driving convictions or prior license revocations: (i) if the
current conviction is for a violation of 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 169.126; or (ii) if the
current conviction is for a violation of subdivision 1a, 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 169.126;
(4) third offense in less than five years for an offense
occurring within five years after the first of two prior
impaired driving convictions or prior license revocations: not
less than one year, together with denial under section 171.04,
subdivision 1, clause (8), until rehabilitation is established
in accordance with standards established by the commissioner;
(5) fourth or subsequent offense on the record for an
offense occurring any time after three or more prior impaired
driving convictions or prior license revocations: not less than
two years, together with denial under section 171.04,
subdivision 1, clause (8), until rehabilitation is established
in accordance with standards established by the commissioner.
(b) If the person convicted of violating this section is
under the age of 21 years, the commissioner of public safety
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 paragraph (a), clauses (1) to (5), for the
offense committed, whichever is the greatest period.
(c) For purposes of this subdivision, a juvenile
adjudication under this section, section 169.129, an ordinance
in conformity with either of them, or a statute or ordinance
from another state in conformity with either of them is an
offense.
(d) Whenever department records show that the violation
involved personal injury or death to any person, not less than
90 additional days shall be added to the base periods provided
above.
(e) Except for a person whose license has been revoked
under paragraph (b), and except for a person who commits a
violation described in subdivision 3, paragraph (c), clause (4),
(child endangerment), any person whose license has been revoked
pursuant to section 169.123 as the result of the same incident,
and who does not have a prior impaired driving conviction or
prior license revocation as defined in subdivision 3 within the
previous ten years, is subject to the mandatory revocation
provisions of paragraph (a), clause (1) or (2), in lieu of the
mandatory revocation provisions of section 169.123.
(f) As used in this subdivision, the terms "prior impaired
driving conviction" and "prior license revocation" have the
meanings given in subdivision 3, paragraph (a).
Sec. 10. Minnesota Statutes 1994, section 169.121,
subdivision 6, is amended to read:
Subd. 6. [PRELIMINARY SCREENING TEST.] (a) 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
subdivision 1 or section 169.1211, 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 of public safety for this purpose.
(b) The results of this preliminary screening test shall be
used for the purpose of deciding whether an arrest should be
made and whether to require the tests authorized in section
169.123, but shall not be used in any court action except (1) to
prove that a test was properly required of a person pursuant to
section 169.123, subdivision 2; (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; or (4) in
a prosecution or juvenile court proceeding concerning a
violation of section 340A.503, subdivision 1, paragraph (a),
clause (2).
(c) Following the screening test additional tests may be
required of the driver pursuant to the provisions of section
169.123.
(d) The driver who refuses to furnish a sample of the
driver's breath is subject to the provisions of section 169.123
unless, in compliance with section 169.123, the driver submits
to a blood, breath or urine test to determine the presence or
amount of alcohol or a, controlled substance substances, or
hazardous substances.
Sec. 11. Minnesota Statutes 1994, section 169.121,
subdivision 10a, is amended to read:
Subd. 10a. [CIVIL ACTION; PUNITIVE DAMAGES.] In a civil
action involving a motor vehicle accident, it is sufficient for
the trier of fact to consider an award of punitive damages if
there is evidence that the accident was caused by a driver:
(1) with a blood an alcohol concentration of .10 or more,;
(2) who was under the influence of a controlled substance,
or;
(3) who was under the influence of alcohol and refused to
take a test required under section 169.123, subdivision 2, is
sufficient for the trier of fact to consider an award of
punitive damages; or
(4) who was knowingly under the influence of a hazardous
substance that substantially affects the person's nervous
system, brain, or muscles so as to impair the person's ability
to drive or operate a motor vehicle.
A criminal charge or conviction is not a prerequisite to
consideration of punitive damages under this subdivision. At
the trial in an action where the trier of fact will consider an
award of punitive damages, evidence that the driver has been
convicted of violating this section, section 169.129, or 609.21
is admissible into evidence.
Sec. 12. [169.1218] [UNDERAGE DRINKING AND DRIVING.]
(a) It is a misdemeanor for a person under the age of 21
years to drive or operate 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.
(b) When a person is found to have committed an offense
under paragraph (a), the court shall notify the commissioner of
public safety 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
paragraph (a) or a statute or ordinance in conformity with
paragraph (a).
(c) If the person's conduct violates section 169.121,
subdivision 1, or 169.1211, the penalties and license sanctions
in those laws apply instead of the license sanction in paragraph
(b).
(d) An offense under paragraph (a) may be prosecuted either
in the jurisdiction where consumption occurs or the jurisdiction
where evidence of consumption is observed.
Sec. 13. Minnesota Statutes 1994, section 169.123,
subdivision 2, is amended to read:
Subd. 2. [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 upon the ice of any
boundary water of this state consents, subject to the provisions
of this section and sections 169.121 and 169.1211, to a chemical
test of that person's blood, breath, or urine for the purpose of
determining the presence of alcohol or a, controlled substance
substances, or hazardous substances. The test shall be
administered at the direction of a peace officer. 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 169.121 and
one of the following conditions exist:
(1) the person has been lawfully placed under arrest for
violation of section 169.121, 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 169.121, subdivision 6; or
(4) the screening test was administered and indicated an
alcohol concentration of 0.10 or more.
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.
(b) At the time a test is requested, the person shall 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
or, controlled substances, or hazardous substances; (ii) to
determine the presence of a controlled substance or, listed in
schedule I or II, other than marijuana or Tetrahydrocannabinols;
and (iii) if the motor vehicle was a commercial motor
vehicle, that Minnesota law requires the person to take a test
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.
(c) The peace officer who requires a test pursuant to this
subdivision may direct whether the test shall be 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.
Sec. 14. Minnesota Statutes 1994, section 169.123,
subdivision 2a, is amended to read:
Subd. 2a. [REQUIREMENT OF URINE OR BLOOD TEST.]
Notwithstanding subdivision 2, 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 that
is not subject to testing by a breath test, a urine or blood
test may be required even after a breath test has been
administered 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.
Sec. 15. Minnesota Statutes 1994, section 169.123,
subdivision 3, is amended to read:
Subd. 3. [MANNER OF MAKING TEST; ADDITIONAL TESTS.] (a)
Only a physician, medical technician, physician's trained mobile
intensive care paramedic, registered nurse, medical technologist
or laboratory assistant acting at the request of a peace officer
may withdraw blood for the purpose of determining the presence
of alcohol or, controlled substance substances, or hazardous
substances. This limitation does not apply to the taking of a
breath or urine sample. 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.
(b) The failure or inability to obtain an additional test
or tests by a person shall 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, physician's trained
mobile intensive care paramedic, medical technologist,
laboratory assistant or registered nurse drawing blood at the
request of a peace officer for the purpose of
determining alcohol the concentration of alcohol, controlled
substances, or hazardous substances shall in no manner be liable
in any civil or criminal action except for negligence in drawing
the blood. The person administering a breath test shall be
fully trained in the administration of breath tests pursuant to
training given by the commissioner of public safety.
Sec. 16. Minnesota Statutes 1994, section 169.123,
subdivision 4, is amended to read:
Subd. 4. [REFUSAL; REVOCATION OF LICENSE.] (a) If a person
refuses to permit a test, none shall be given, but the peace
officer shall report the refusal to the commissioner of public
safety and the authority having responsibility for prosecution
of misdemeanor 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, 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, unless the refusal was
accompanied by force or violence or the threat of force or
violence.
(b) If a person submits to a test and the test results
indicate an alcohol concentration of 0.10 or more or the
presence of a controlled substance listed in schedule I or II,
other than marijuana or Tetrahydrocannabinols, or if a person
was driving, operating, or in physical control of a commercial
motor vehicle and the test results indicate an alcohol
concentration of 0.04 or more, the results of the test shall be
reported to the commissioner of public safety and to the
authority having responsibility for prosecution of misdemeanor
offenses for the jurisdiction in which the acts occurred.
(c) 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 while under
the influence of alcohol or a controlled substance in violation
of section 169.121 and that the person refused to submit to a
test, the commissioner of public safety 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.
(d) 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 169.121
or 169.1211, and that the person refused to submit to a test,
the commissioner shall disqualify the person from operating a
commercial motor vehicle for a period of one year under section
171.165 and shall revoke the person's license or permit to drive
or nonresident operating privilege for a period of one year.
(e) 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 while under
the influence of alcohol or a controlled substance in violation
of section 169.121 and that the person submitted to a test and
the test results indicate an alcohol concentration of 0.10 or
more or the presence of a controlled substance listed in
schedule I or II, other than marijuana or Tetrahydrocannabinols,
the commissioner of public safety shall revoke the person's
license or permit to drive, or nonresident operating privilege,
(1) for: (1) a period of 90 days; or
(2) if the person is under the age of 21 years, for a
period of six months; or
(3) if the person's driver's license or driving privileges
have been revoked for a person with a prior impaired driving
conviction or prior license revocation within the past five
years under this section or section 169.121, for a period of 180
days.
(f) 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 of public safety shall disqualify
the person from operating a commercial motor vehicle under
section 171.165.
(g) If the person is a resident without a license or permit
to operate a motor vehicle in this state, the commissioner of
public safety shall deny to the person the issuance of a license
or permit for the same period after the date of the alleged
violation as provided herein for revocation, subject to review
as hereinafter provided.
(h) As used in this subdivision, the terms "prior impaired
driving conviction" and "prior license revocation" have the
meanings given in section 169.121, subdivision 3, paragraph (a).
Sec. 17. Minnesota Statutes 1994, section 169.123,
subdivision 6, is amended to read:
Subd. 6. [HEARING.] (a) A hearing under this section shall
be before a municipal or county district judge, in any county in
the judicial district where the alleged offense occurred. The
hearing shall be 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 169.121, if any. The
hearing shall be recorded. The commissioner of public safety
shall appear and be represented by the attorney general or
through the prosecuting authority for the jurisdiction involved.
The hearing shall 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 the
provisions of this subdivision. To accomplish this, the
administrator may, whenever possible, consolidate and transfer
review hearings among the county courts within the judicial
district.
(b) The scope of the hearing shall be limited to the issues
of in clauses (1) to (9):
(1) whether Did the peace officer had have probable cause
to believe the person was driving, operating, or in physical
control of:
(i) a motor vehicle while under the influence of alcohol or
a controlled substance, in violation of section 169.121; or
(ii) a commercial motor vehicle with any presence of
alcohol, and whether in violation of section 169.1211?
(2) Was the person was lawfully placed under arrest for
violation of section 169.121 or 169.1211, or?
(3) Was the person was involved in a motor vehicle accident
or collision resulting in property damage, personal injury or
death, or?
(4) Did the person refused refuse to take a screening test
provided for by section 169.121, subdivision 6, or?
(5) If the screening test was administered and recorded,
did the test indicate an alcohol concentration of 0.10 or more;
and?
(2) whether (6) At the time of the request for the test,
did the peace officer informed inform the person of the person's
rights and the consequences of taking or refusing the test as
required by subdivision 2; and?
(3) either (a) whether (7) Did the person refused refuse to
permit the test, or (b) whether?
(8) If a test was taken and:
(i) by a person driving, operating, or in physical control
of a motor vehicle, did the test results indicated indicate an
alcohol concentration of 0.10 or more at the time of testing, or
the presence of a controlled substance listed in schedule I or
II, other than marijuana or Tetrahydrocannabinols; or if a test
was taken
(ii) by a person driving, operating, or in physical control
of a commercial motor vehicle and, did the test results
indicated indicate an alcohol concentration of 0.04 or more at
the time of testing; whether?
(9) Was the testing method used was valid and reliable; and
whether were the test results were accurately evaluated.?
(c) It shall be 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 shall be 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 of public safety. 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 of public safety for further action by the
commissioner of public safety if the license or permit is not
already in the commissioner's possession.
Sec. 18. Minnesota Statutes 1994, section 169.129, is
amended to read:
169.129 [AGGRAVATED VIOLATIONS; PENALTY.]
Any person is guilty of a gross misdemeanor who drives,
operates, or is in physical control of a motor vehicle, the
operation of which requires a driver's license, within this
state or upon the ice of any boundary water of this state in
violation of section 169.121 or an ordinance in conformity with
it before the person's driver's license or driver's privilege
has been reinstated following its cancellation, suspension,
revocation, or denial under any of the following: section
169.121, 169.1211, or 169.123; section 171.04, 171.14, 171.16,
171.17, or 171.18 because of an alcohol-related incident;
section 609.21, subdivision 1, clauses (2) to (4) (6); 609.21,
subdivision 2, clauses (2) to (4) (6); 609.21, subdivision 2a,
clauses (2) to (4) (6); subdivision 2b, clauses (2) to (6);
609.21, subdivision 3, clauses (2) to (4) (6); or 609.21,
subdivision 4, clauses (2) to (4) (6).
The attorney in the jurisdiction in which the violation of
this section occurred who is responsible for prosecution of
misdemeanor violations of section 169.121 shall also be
responsible for prosecution of violations of this section.
Sec. 19. Minnesota Statutes 1994, section 169.791, is
amended by adding a subdivision to read:
Subd. 5a. [CONSECUTIVE SENTENCES.] The court may impose
consecutive sentences for offenses arising out of a single
course of conduct as permitted in section 609.035, subdivision 2.
Sec. 20. Minnesota Statutes 1994, section 169.797,
subdivision 4, is amended to read:
Subd. 4. [PENALTY.] (a) A person who violates this section
is guilty of a misdemeanor. A person is guilty of a gross
misdemeanor who violates this section within ten years of the
first of two prior convictions under this section, section
169.791, or a statute or ordinance in conformity with one of
those sections. The operator of a vehicle who violates
subdivision 3 and who causes or contributes to causing a vehicle
accident that results in the death of any person or in
substantial bodily harm to any person, as defined in section
609.02, subdivision 7a, is guilty of a gross misdemeanor. The
same prosecuting authority who is responsible for prosecuting
misdemeanor violations of this section is responsible for
prosecuting gross misdemeanor violations of this section. In
addition to any sentence of imprisonment that the court may
impose on a person convicted of violating this section, the
court shall impose a fine of not less than $200 nor more than
the maximum amount authorized by law. The court may allow
community service in lieu of any fine imposed if the defendant
is indigent.
(b) The court may impose consecutive sentences for offenses
arising out of a single course of conduct as permitted in
section 609.035, subdivision 2.
(c) In addition to the criminal penalty, the driver's
license of an operator convicted under this section shall be
revoked for not more than 12 months. If the operator is also an
owner of the vehicle, the registration of the vehicle shall also
be revoked for not more than 12 months. Before reinstatement of
a driver's license or registration, the operator shall file with
the commissioner of public safety the written certificate of an
insurance carrier authorized to do business in this state
stating that security has been provided by the operator as
required by section 65B.48.
(c) (d) The commissioner shall include a notice of the
penalties contained in this section on all forms for
registration of vehicles required to maintain a plan of
reparation security.
Sec. 21. Minnesota Statutes 1995 Supplement, section
171.18, subdivision 1, is amended to read:
Subdivision 1. [OFFENSES.] The commissioner may suspend
the license of a driver without preliminary hearing upon a
showing by department records or other sufficient evidence that
the licensee:
(1) has committed an offense for which mandatory revocation
of license is required upon conviction;
(2) has been convicted by a court for violating a provision
of chapter 169 or an ordinance regulating traffic and department
records show that the violation contributed in causing an
accident resulting in the death or personal injury of another,
or serious property damage;
(3) is an habitually reckless or negligent driver of a
motor vehicle;
(4) is an habitual violator of the traffic laws;
(5) is incompetent to drive a motor vehicle as determined
in a judicial proceeding;
(6) has permitted an unlawful or fraudulent use of the
license;
(7) has committed an offense in another state that, if
committed in this state, would be grounds for suspension;
(8) has committed a violation of section 169.444,
subdivision 2, paragraph (a), within five years of a prior
conviction under that section;
(9) has committed a violation of section 171.22, except
that the commissioner may not suspend a person's driver's
license based solely on the fact that the person possessed a
fictitious or fraudulently altered Minnesota identification
card;
(10) has failed to appear in court as provided in section
169.92, subdivision 4; or
(11) has failed to report a medical condition that, if
reported, would have resulted in cancellation of driving
privileges; or
(12) has been found to have committed an offense under
section 169.1218, paragraph (a).
However, an action taken by the commissioner under clause
(2) or (5) must conform to the recommendation of the court when
made in connection with the prosecution of the licensee.
Sec. 22. Minnesota Statutes 1994, section 171.30, is
amended by adding a subdivision to read:
Subd. 2b. [WAITING PERIODS FOR YOUTH UNDER 18.] If a
person whose driver's license was suspended or revoked for a
violation listed under subdivision 2 or 2a is under the age of
18 years at the time of that violation, the commissioner shall
not issue a limited license to the person for a period of time
that is the longest of: (1) 90 days; or (2) twice the length of
the period specified for that violation in subdivision 2 or 2a.
Sec. 23. [171.302] [LICENSE VIOLATIONS; CONSECUTIVE
SENTENCING.]
When sentencing an offender for violating section 171.20,
subdivision 2; 171.24; or 171.30, the court may impose
consecutive sentences for offenses arising out of a single
course of conduct as permitted in section 609.035, subdivision 2.
Sec. 24. Minnesota Statutes 1995 Supplement, section
340A.503, subdivision 1, is amended to read:
Subdivision 1. [CONSUMPTION.] (a) It is unlawful for any:
(1) retail intoxicating liquor or nonintoxicating liquor
licensee, municipal liquor store, or bottle club permit holder
under section 340A.414, to permit any person under the age of 21
years to drink alcoholic beverages on the licensed premises or
within the municipal liquor store; or
(2) person under the age of 21 years to consume any
alcoholic beverages. If proven by a preponderance of the
evidence, it is an affirmative defense to a violation of this
clause that the defendant consumed the alcoholic beverage in the
household of the defendant's parent or guardian and with the
consent of the parent or guardian.
(b) An offense under paragraph (a), clause (2), may be
prosecuted either at the place in the jurisdiction where
consumption occurs or the place jurisdiction where evidence of
consumption is observed.
(c) When a person is convicted of or adjudicated for an
offense under paragraph (a), clause (2), the court shall
determine whether the person consumed the alcohol while
operating a motor vehicle. If so, the court shall notify the
commissioner of public safety 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
convicted of or adjudicated for an offense under paragraph (a),
clause (2).
(d) As used in this subdivision, "consume" includes the
ingestion of an alcoholic beverage and the physical condition of
having ingested an alcoholic beverage.
Sec. 25. Minnesota Statutes 1994, section 360.0752,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION DEFINITIONS.] As used in this
section and section 360.0753,:
(1) "operate" includes the acts of all crew members with
responsibility to operate the aircraft;
(2) "controlled substance" has the meaning given in section
152.01, subdivision 4; and
(3) "hazardous substance" means any chemical or chemical
compound that is listed as a hazardous substance in rules
adopted under chapter 182.
Sec. 26. Minnesota Statutes 1994, section 360.0752,
subdivision 2, is amended to read:
Subd. 2. [CRIME; ACTS PROHIBITED.] (a) It is a crime for
any person to operate or attempt to operate an aircraft on or
over land or water within this state or over any boundary water
of this state under any of the following conditions:
(a) (1) when the person is under the influence of alcohol;
(b) (2) when the person is under the influence of a
controlled substance, as defined in section 152.01, subdivision
4;
(c) (3) when the person is under the influence of a
combination of any two or more of the elements named in
clauses (a), (b) (1), (2), and (f) (6);
(d) (4) when the person's alcohol concentration is 0.04 or
more;
(e) (5) when the person's alcohol concentration as measured
within two hours of the time of operation or attempted operation
is 0.04 or more;
(f) (6) when the person is knowingly under the influence of
any chemical compound or combination of chemical compounds that
is listed as a hazardous substance in rules adopted under
section 182.655 and that affects the nervous system, brain, or
muscles of the person so as to substantially impair the person's
ability to operate the aircraft; or
(g) (7) when the person's body contains any amount of a
controlled substance listed in schedule I or II, other than
marijuana or Tetrahydrocannabinols; or
(8) within eight hours of having consumed any alcoholic
beverage or used any controlled substance.
(b) If proven by a preponderance of the evidence, it shall
be an affirmative defense to a violation of paragraph (a),
clause (7), 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.
Sec. 27. Minnesota Statutes 1994, section 360.0752,
subdivision 5, is amended to read:
Subd. 5. [EVIDENCE.] Upon the trial of any prosecution
arising out of acts alleged to have been committed by any person
arrested for operating or attempting to operate an aircraft in
violation of subdivision 2, the court may admit evidence of the
presence or amount of alcohol or a, controlled substance
substances, or hazardous substances in the person's blood,
breath, or urine as shown by an analysis of those items.
Evidence of the refusal to take a test is admissible into
evidence in a prosecution under this section.
If proven by a preponderance of the evidence, it shall be
an affirmative defense to a violation of subdivision 2, clause
(e) (5), 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 0.04; provided, that this
evidence may not be admitted unless notice is given to the
prosecution prior to the omnibus or pretrial hearing in the
matter.
The foregoing provisions do not limit the introduction of
any other competent evidence bearing upon the question whether
or not the person violated this section, including tests
obtained more than two hours after the alleged violation and
results obtained from partial tests on an infrared
breath-testing instrument. A result from a partial test is the
measurement obtained by analyzing one adequate breath sample, as
defined in section 360.0753, subdivision 4, paragraph (b).
Sec. 28. Minnesota Statutes 1994, section 360.0752,
subdivision 6, is amended to read:
Subd. 6. [CRIMINAL PENALTIES.] (a) A person who violates
subdivision 2, paragraph (a), clause (g); (8), or subdivision 3,
is guilty of a misdemeanor.
(b) A person who violates subdivision 2, paragraph (a),
clauses (a) to (f), (1) to (7), or subdivision 2a, is guilty of
a gross misdemeanor.
(c) The attorney in the jurisdiction in which the violation
occurred who is responsible for prosecution of misdemeanor
violations shall also be responsible for prosecution of gross
misdemeanor violations of this section.
Sec. 29. Minnesota Statutes 1994, section 360.0752,
subdivision 7, is amended to read:
Subd. 7. [PRELIMINARY SCREENING TEST.] When a peace
officer has reason to believe that a person may be violating or
has violated subdivision 2, the officer may require the person
to provide a sample of the person's breath for a preliminary
screening test using a device approved by the commissioner of
public safety or the commissioner of transportation for this
purpose. The results of this preliminary screening test shall
be used for the purpose of deciding whether to require the tests
authorized in section 360.0753, but shall not be used in any
court action except to prove that a test was properly required
of a person pursuant to section 360.0753. Following the
screening test, additional tests may be required of the person
pursuant to the provisions of section 360.0753.
A person who refuses to furnish a sample of the person's
breath is subject to the provisions of section 360.0753 unless,
in compliance with section 360.0753, the person submits to a
blood, breath, or urine test to determine the presence or amount
of alcohol or a, controlled substance substances, or hazardous
substances.
Sec. 30. Minnesota Statutes 1994, section 360.0753,
subdivision 2, is amended to read:
Subd. 2. [IMPLIED CONSENT; CONDITIONS; ELECTION AS TO TYPE
OF TEST.] (a) Any person who operates or attempts to operate an
aircraft in or over this state or over any boundary water of
this state consents, subject to the provisions of this section
and section 360.0752, to a chemical test of that person's blood,
breath, or urine for the purpose of determining the presence or
amount of alcohol or a, controlled substance substances, or
hazardous substances. The test shall be administered at the
direction of a peace officer. The test may be required of a
person when an officer has probable cause to believe the person
was operating or attempting to operate an aircraft in violation
of section 360.0752 and one of the following conditions exists:
(1) the person has been lawfully placed under arrest for
violation of section 360.0752;
(2) the person has been involved in an aircraft 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 360.0752;
(4) the screening test was administered and recorded an
alcohol concentration of 0.04 or more or the presence of a
controlled substance listed in schedule I or II other than
marijuana or Tetrahydrocannabinols; or
(5) the officer had probable cause to believe that the
person was operating or attempting to operate an aircraft with
any amount of alcohol present in the person's body.
(b) At the time a test is requested, the person shall be
informed:
(1) that Minnesota law requires the person to take a test
to determine the presence or amount of alcohol or a controlled
substance listed in schedule I or II other than marijuana or
Tetrahydrocannabinols, or to determine if the person is under
the influence of alcohol or a, controlled substance substances,
or hazardous substances;
(2) that whether a test is taken or refused, the person may
be subject to criminal prosecution for an alcohol or, controlled
substance, or hazardous substance related offense relating to
the operation of an aircraft;
(3) that if testing is refused, the person may be subject
to criminal prosecution because the person refused testing and
the person will be disqualified from operating an aircraft for a
minimum period of one year;
(4) 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
(5) 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.
(c) The peace officer who requires a test pursuant to this
subdivision may direct whether the test shall be 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.
Sec. 31. Minnesota Statutes 1994, section 360.0753,
subdivision 3, is amended to read:
Subd. 3. [REQUIREMENT OF URINE OR BLOOD TEST.]
Notwithstanding subdivision 2, 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, a urine; or blood test may be
required even
after a breath test has been administered (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.
Sec. 32. Minnesota Statutes 1994, section 360.0753,
subdivision 6, is amended to read:
Subd. 6. [MANNER OF MAKING TEST; ADDITIONAL TESTS.] (a)
Only a physician, medical technician, physician's trained mobile
intensive care paramedic, registered nurse, medical
technologist, or laboratory assistant acting at the request of a
peace officer may withdraw blood for the purpose of determining
the presence or amount of alcohol or, controlled substance
substances, or hazardous substances. This limitation does not
apply to the taking of a breath or urine sample. 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.
(b) The failure or inability to obtain an additional test
or tests by a person shall 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, physician's trained
mobile intensive care paramedic, medical technologist,
laboratory assistant, or registered nurse drawing blood at the
request of a peace officer for the purpose of
determining alcohol the presence or concentration of alcohol,
controlled substances, or hazardous substances shall in no
manner be liable in any civil or criminal action except for
negligence in drawing the blood. The person administering a
breath test shall be fully trained in the administration of
breath tests pursuant to training given by the commissioner of
public safety or the commissioner of transportation.
Sec. 33. Minnesota Statutes 1994, section 609.21, is
amended to read:
609.21 [CRIMINAL VEHICULAR HOMICIDE AND INJURY.]
Subdivision 1. [CRIMINAL VEHICULAR HOMICIDE.] Whoever A
person is guilty of criminal vehicular homicide resulting in
death and may be sentenced to imprisonment for not more than ten
years or to payment of a fine of not more than $20,000, or both,
if the person causes the death of a human being not constituting
murder or manslaughter as a result of operating a motor vehicle,:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol,;
(ii) a controlled substance,; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.10 or more;
or
(4) while having an alcohol concentration of 0.10 or more,
as measured within two hours of the time of driving;
(5) in a negligent manner while knowingly under the
influence of a hazardous substance;
(6) in a negligent manner while any amount of a controlled
substance listed in schedule I or II, other than marijuana or
Tetrahydrocannabinols, is present in the person's body,
is guilty of criminal vehicular homicide resulting in death and
may be sentenced to imprisonment for not more than ten years or
to payment of a fine of not more than $20,000, or both; or
(7) where the driver who causes the accident leaves the
scene of the accident in violation of section 169.09,
subdivision 1 or 6.
Subd. 2. [RESULTING IN GREAT BODILY HARM.] Whoever A
person is guilty of criminal vehicular operation resulting in
great bodily harm and may be sentenced to imprisonment for not
more than five years or to payment of a fine of not more than
$10,000, or both, if the person causes great bodily harm to
another, not constituting attempted murder or assault, as a
result of operating a motor vehicle,:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol,;
(ii) a controlled substance,; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.10 or more;
or
(4) while having an alcohol concentration of 0.10 or more,
as measured within two hours of the time of driving;
(5) in a negligent manner while knowingly under the
influence of a hazardous substance;
(6) in a negligent manner while any amount of a controlled
substance listed in schedule I or II, other than marijuana or
Tetrahydrocannabinols, is present in the person's body,
is guilty of criminal vehicular operation resulting in great
bodily harm and may be sentenced to imprisonment for not more
than five years or to payment of a fine of not more than
$10,000, or both; or
(7) where the driver who causes the accident leaves the
scene of the accident in violation of section 169.09,
subdivision 1 or 6.
Subd. 2a. [RESULTING IN SUBSTANTIAL BODILY HARM.] Whoever
A person is guilty of criminal vehicular operation resulting in
substantial bodily harm and may be sentenced to imprisonment of
not more than three years or to payment of a fine of not more
than $10,000, or both, if the person causes substantial bodily
harm to another, as a result of operating a motor vehicle,;
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol,;
(ii) a controlled substance,; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.10 or more;
or
(4) while having an alcohol concentration of 0.10 or more,
as measured within two hours of the time of driving;
(5) in a negligent manner while knowingly under the
influence of a hazardous substance;
(6) in a negligent manner while any amount of a controlled
substance listed in schedule I or II, other than marijuana or
Tetrahydrocannabinols, is present in the person's body,
is guilty of criminal vehicular operation resulting in
substantial bodily harm and may be sentenced to imprisonment for
not more than three years or to payment of a fine of not more
than $10,000, or both; or
(7) where the driver who causes the accident leaves the
scene of the accident in violation of section 169.09,
subdivision 1 or 6.
Subd. 2b. [RESULTING IN BODILY HARM.] A person is guilty
of criminal vehicular operation resulting in bodily harm and 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, if the
person causes bodily harm to another, as a result of operating a
motor vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.10 or more;
(4) while having an alcohol concentration of 0.10 or more,
as measured within two hours of the time of driving;
(5) in a negligent manner while knowingly under the
influence of a hazardous substance;
(6) in a negligent manner while any amount of a controlled
substance listed in schedule I or II, other than marijuana or
Tetrahydrocannabinols, is present in the person's body; or
(7) where the driver who causes the accident leaves the
scene of the accident in violation of section 169.09,
subdivision 1 or 6.
Subd. 3. [RESULTING IN DEATH TO AN UNBORN CHILD.] Whoever
A person is guilty of criminal vehicular operation resulting in
death to an unborn child and may be sentenced to imprisonment
for not more than ten years or to payment of a fine of not more
than $20,000, or both, if the person causes the death of an
unborn child as a result of operating a motor vehicle,:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol,;
(ii) a controlled substance,; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.10 or more;
or
(4) while having an alcohol concentration of 0.10 or more,
as measured within two hours of the time of driving;
(5) in a negligent manner while knowingly under the
influence of a hazardous substance;
(6) in a negligent manner while any amount of a controlled
substance listed in schedule I or II, other than marijuana or
Tetrahydrocannabinols, is present in the person's body,
is guilty of criminal vehicular operation resulting in death to
an unborn child and may be sentenced to imprisonment for not
more than ten years or to payment of a fine of not more than
$20,000, or both; or
(7) where the driver who causes the accident leaves the
scene of the accident in violation of section 169.09,
subdivision 1 or 6.
A prosecution for or conviction of a crime under this
subdivision is not a bar to conviction of or punishment for any
other crime committed by the defendant as part of the same
conduct.
Subd. 4. [RESULTING IN INJURY TO UNBORN CHILD.] Whoever A
person is guilty of criminal vehicular operation resulting in
injury to an unborn child and may be sentenced to imprisonment
for not more than five years or to payment of a fine of not more
than $10,000, or both, if the person causes great bodily harm to
an unborn child who is subsequently born alive, as a result of
operating a motor vehicle,:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol,;
(ii) a controlled substance,; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.10 or more;
or
(4) while having an alcohol concentration of 0.10 or more,
as measured within two hours of the time of driving;
(5) in a negligent manner while knowingly under the
influence of a hazardous substance;
(6) in a negligent manner while any amount of a controlled
substance listed in schedule I or II, other than marijuana or
Tetrahydrocannabinols, is present in the person's body,
is guilty of criminal vehicular operation resulting in injury to
an unborn child and may be sentenced to imprisonment for not
more than five years or to payment of a fine of not more than
$10,000, or both; or
(7) where the driver who causes the accident leaves the
scene of the accident in violation of section 169.09,
subdivision 1 or 6.
A prosecution for or conviction of a crime under this
subdivision is not a bar to conviction of or punishment for any
other crime committed by the defendant as part of the same
conduct.
Subd. 4a. [AFFIRMATIVE DEFENSE.] It shall be an
affirmative defense to a charge under subdivisions 1, clause
(6); 2, clause (6); 2a, clause (6); 2b, clause (6); 3, clause
(6); or 4, clause (6), 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.
Subd. 5. [DEFINITION DEFINITIONS.] For purposes of this
section, the terms defined in this subdivision have the meanings
given them.
(a) "Motor vehicle" has the meaning given in section
609.52, subdivision 1.
(b) "Controlled substance" has the meaning given in section
152.01, subdivision 4.
(c) "Hazardous substance" means any chemical or chemical
compound that is listed as a hazardous substance in rules
adopted under chapter 182.
Sec. 34. Minnesota Statutes 1994, section 629.471,
subdivision 2, is amended to read:
Subd. 2. [QUADRUPLE THE FINE.] (a) For offenses under
sections 169.09, 169.121, 169.129, 171.24, paragraph (c),
609.2231, subdivision 2, 609.487, and 609.525, the maximum cash
bail that may be required for a person charged with a
misdemeanor or gross misdemeanor violation is quadruple the
highest cash fine that may be imposed for the offense.
(b) Unless the court imposes the conditions of release
specified in section 169.121, subdivision 1c, the court must
impose maximum bail when releasing a person from detention who
has been charged with violating section 169.121, subdivision 1,
if the person has three prior impaired driving convictions
within the previous ten years or four or more prior impaired
driving convictions in the person's lifetime. As used in this
subdivision, "prior impaired driving conviction" has the meaning
given in section 169.121, subdivision 3.
Sec. 35. [DRUG RECOGNITION TRAINING FOR PEACE OFFICERS;
REPORT.]
(a) For purposes of this section, the following terms have
the meanings given them:
(1) "drug" has the meaning given in Minnesota Statutes,
section 151.01, subdivision 5;
(2) "drug recognition expert" means a peace officer who is
certified by the International Association of Chiefs of Police
to conduct the 12-step drug evaluation and classification
process; and
(3) "12-step drug evaluation and classification process"
means the systematic, standardized investigative procedure
defined by the National Highway Traffic Safety Administration
that is used to determine whether a driver is impaired, whether
the impairment relates to drugs or a medical condition and, if
drug related, the category of drugs likely to have caused the
impairment.
(b) The board of peace officer standards and training, in
consultation with the department of public safety, the Minnesota
state patrol, the Minnesota chiefs of police, the Minnesota
sheriffs' association, and the National Highway Traffic Safety
Administration, shall develop a plan for requiring drug
recognition training for peace officers. The goals of the plan
are:
(1) to ensure that peace officers employed in traffic
patrol activities are educated about the need to use a certified
drug recognition expert to evaluate a person whom the officer
reasonably suspects has been driving while impaired by drugs;
(2) to ensure that a sufficient number of peace officers
are certified as drug recognition experts; and
(3) to ensure that drug recognition experts are available
statewide at all time periods to evaluate suspected
drug-impaired drivers.
(c) To accomplish paragraph (b), clause (1), the plan must
consider the feasibility of making a basic level of drug
recognition training a mandatory requirement for all new peace
officer candidates and an in-service option for current peace
officers.
(d) To the extent practicable, the plan must present
alternative training requirement scenarios and timetables
associated with different levels of training resources. The
board shall report this plan to the legislature by January 16,
1997.
Sec. 36. [APPROPRIATION.]
Subdivision 1. [PUBLIC SAFETY.] (a) $14,000 is
appropriated to the commissioner of public safety from the
highway user tax distribution fund for the fiscal year ending
June 30, 1997 for license plate impoundments and special
registration plates under Minnesota Statutes, section 168.042,
subdivision 8.
(b) $65,000 is appropriated to the commissioner of public
safety from the trunk highway fund for the fiscal year ending
June 30, 1997 for license plate impoundments and special
registration plates under Minnesota Statutes, section 168.042,
subdivision 8.
(c) $5,000 is appropriated to the commissioner of public
safety from the trunk highway fund for the fiscal year ending
June 30, 1997 for DWI license revocation cross referencing under
sections 9 and 16.
Subd. 2. [BOARD OF PEACE OFFICER STANDARDS AND TRAINING.]
$5,000 is appropriated to the board of peace officer standards
and training from the trunk highway fund for the fiscal year
ending June 30, 1997 to develop the plan for requiring drug
recognition training for peace officers under section 35.
Sec. 37. [EFFECTIVE DATES.]
(a) Section 35 is effective the day after final enactment.
(b) Sections 1 to 4; 6; 7, paragraphs (a) to (d) and (f);
8; 10 to 12; 15; 18 to 24; and 34 are effective August 1, 1996,
for crimes committed on or after that date.
(c) Sections 5; 7, paragraph (e); 9; 13; 14; 16; 17; and 25
to 33, are effective August 1, 1997, for crimes committed on or
after that date.
(d) Section 33 is effective August 1, 1996, for crimes
committed on or after that date, except that subdivisions 1,
clause (6); 2, clause (6); 2a, clause (6); 2b, clause (6); 3,
clause (6); and 4, clause (6), are effective August 1, 1997, for
crimes committed on or after that date.
(e) The commissioner of public safety may consider
violations occurring before August 1, 1997, as prior impaired
driving convictions or prior license revocations under sections
9 and 16, except that violations of Minnesota Statutes, section
84.91 or 86B.331 occurring before August 1, 1994, may not be so
considered.
(f) Notwithstanding Minnesota Statutes, section 645.26,
subdivision 3, if appropriations for the same purposes as those
described in section 36, subdivision 1, paragraphs (a) and (b)
are enacted by another law during the 1996 legislative session,
then section 36, subdivision 1, paragraphs (a) and (b) shall not
take effect.
Presented to the governor April 4, 1996
Signed by the governor April 11, 1996, 11:54 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes