1.1                          A bill for an act 
  1.2             relating to crimes; lowering alcohol concentration 
  1.3             limit for repeat DWI offenders operating a motor 
  1.4             vehicle or hunting from 0.10 to 0.08; providing for an 
  1.5             alcohol concentration limit of 0.08 for all offenders 
  1.6             if a federal law is enacted requiring the 0.08 limit; 
  1.7             amending Minnesota Statutes 1996, sections 97B.065, 
  1.8             subdivision 1; 97B.066, subdivision 1; 169.123, 
  1.9             subdivisions 2 and 5a; 192A.555; and 609.21, 
  1.10            subdivisions 1, 2, 2a, 2b, 3, 4, 4a, and 5; Minnesota 
  1.11            Statutes 1997 Supplement, sections 169.121, 
  1.12            subdivisions 1, 2, 3, and 3b; 169.1217, subdivision 1; 
  1.13            and 169.123, subdivisions 1, 4, and 6. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1996, section 97B.065, 
  1.16  subdivision 1, is amended to read: 
  1.17     Subdivision 1.  [ACTS PROHIBITED.] (a) A person may not 
  1.18  take wild animals with a firearm or by archery:  
  1.19     (1) when the person is under the influence of alcohol; 
  1.20     (2) when the person is under the influence of a controlled 
  1.21  substance, as defined in section 152.01, subdivision 4; 
  1.22     (3) when the person is under the influence of a combination 
  1.23  of any two or more of the elements in clauses (1) ~~and~~, (2), and 
  1.24  (7); 
  1.25     (4) when the person's alcohol concentration is 0.10 or 
  1.26  more; 
  1.27     (5) when the person's alcohol concentration as measured 
  1.28  within two hours of the time of taking is 0.10 or more; ~~or~~ 
  1.29     (6) when the person's alcohol concentration is 0.08 or more 
  2.1   at the time of taking or as measured within two hours of the 
  2.2   time of taking, if the person commits the violation any time 
  2.3   after a prior violation of this subdivision or a prior civil 
  2.4   liability under section 97B.066; or 
  2.5      (7) when the person is knowingly under the influence of any 
  2.6   chemical compound or combination of chemical compounds that is 
  2.7   listed as a hazardous substance in rules adopted under section 
  2.8   182.655 and that affects the nervous system, brain, or muscles 
  2.9   of the person so as to substantially impair the person's ability 
  2.10  to operate a firearm or bow and arrow. 
  2.11     (b) An owner or other person having charge or control of a 
  2.12  firearm or bow and arrow may not authorize or permit an 
  2.13  individual the person knows or has reason to believe is under 
  2.14  the influence of alcohol or a controlled substance, as provided 
  2.15  under paragraph (a), to possess the firearm or bow and arrow in 
  2.16  this state or on a boundary water of this state. 
  2.17     Sec. 2.  Minnesota Statutes 1996, section 97B.066, 
  2.18  subdivision 1, is amended to read: 
  2.19     Subdivision 1.  [MANDATORY CHEMICAL TESTING.] A person who 
  2.20  takes wild animals with a bow or firearm in this state or on a 
  2.21  boundary water of this state is required, subject to the 
  2.22  provisions of this section, to take or submit to a test of the 
  2.23  person's blood, breath, or urine for the purpose of determining 
  2.24  the presence and amount of alcohol or a controlled substance.  
  2.25  The test shall be administered at the direction of an officer 
  2.26  authorized to make arrests under section 97B.065, subdivision 
  2.27  2.  Taking or submitting to the test is mandatory when requested 
  2.28  by an officer who has probable cause to believe the person was 
  2.29  hunting in violation of section 97B.065, subdivision 1, 
  2.30  paragraph (a), and one of the following conditions exists: 
  2.31     (1) the person has been lawfully placed under arrest for 
  2.32  violating section 97B.065, subdivision 1, paragraph (a); 
  2.33     (2) the person has been involved while hunting in an 
  2.34  accident resulting in property damage, personal injury, or 
  2.35  death; 
  2.36     (3) the person has refused to take the preliminary 
  3.1   screening test provided for in section 97B.065, subdivision 3; 
  3.2   ~~or~~ 
  3.3      (4) the screening test was administered and indicated an 
  3.4   alcohol concentration of 0.10 or more; or 
  3.5      (5) the screening test was administered and indicated an 
  3.6   alcohol concentration of 0.08 or more, if the person has ever 
  3.7   been convicted of violating section 97B.065, subdivision 1, or 
  3.8   has a prior civil liability under this section. 
  3.9      Sec. 3.  Minnesota Statutes 1997 Supplement, section 
  3.10  169.121, subdivision 1, is amended to read: 
  3.11     Subdivision 1.  [CRIME; ACTS PROHIBITED.] It is a crime for 
  3.12  any person to drive, operate, or be in physical control of any 
  3.13  motor vehicle within this state or upon the ice of any boundary 
  3.14  water of this state under any of the following circumstances: 
  3.15     (a) when the person is under the influence of alcohol; 
  3.16     (b) when the person is under the influence of a controlled 
  3.17  substance; 
  3.18     (c) when the person is under the influence of a combination 
  3.19  of any two or more of the elements named in clauses (a), (b), 
  3.20  and (g); 
  3.21     (d) when the person's alcohol concentration is 0.10 or more 
  3.22  but less than 0.20; 
  3.23     (e) when the person's alcohol concentration as measured 
  3.24  within two hours of the time of driving, operating, or being in 
  3.25  physical control of the motor vehicle is 0.10 or more but less 
  3.26  than 0.20; 
  3.27     (f) when the person's alcohol concentration at the time, or 
  3.28  as measured within two hours of the time, of driving, operating, 
  3.29  or being in physical control of the motor vehicle is 0.20 or 
  3.30  more; 
  3.31     (g) when the person is knowingly under the influence of a 
  3.32  hazardous substance that affects the nervous system, brain, or 
  3.33  muscles of the person so as to substantially impair the person's 
  3.34  ability to drive or operate the motor vehicle; ~~or~~ 
  3.35     (h) when the person's body contains any amount of a 
  3.36  controlled substance listed in schedule I or II other than 
  4.1   marijuana or tetrahydrocannabinols; or 
  4.2      (i) when the person's alcohol concentration at the time, or 
  4.3   as measured within two hours of the time, of driving, operating, 
  4.4   or being in physical control of the motor vehicle is 0.08 or 
  4.5   more but less than 0.20, if the person commits the violation any 
  4.6   time after a prior impaired driving conviction or a prior 
  4.7   license revocation. 
  4.8      Sec. 4.  Minnesota Statutes 1997 Supplement, section 
  4.9   169.121, subdivision 2, is amended to read: 
  4.10     Subd. 2.  [EVIDENCE.] (a) Upon the trial of any prosecution 
  4.11  arising out of acts alleged to have been committed by any person 
  4.12  arrested for driving, operating, or being in physical control of 
  4.13  a motor vehicle in violation of subdivision 1, the court may 
  4.14  admit evidence of the presence or amount of alcohol, controlled 
  4.15  substances, or hazardous substances in the person's blood, 
  4.16  breath, or urine as shown by an analysis of those items. 
  4.17     (b) For the purposes of this subdivision, evidence that 
  4.18  there was at the time an alcohol concentration of 0.04 or more 
  4.19  is relevant evidence in indicating whether or not the person was 
  4.20  under the influence of alcohol. 
  4.21     (c) Evidence of the refusal to take a test is admissible 
  4.22  into evidence in a prosecution under this section or an 
  4.23  ordinance in conformity with it.  
  4.24     (d) If proven by a preponderance of the evidence, it shall 
  4.25  be an affirmative defense to a violation of subdivision 1, 
  4.26  ~~clause~~ paragraph (e) ~~or~~, (f), or (i), that the defendant 
  4.27  consumed a sufficient quantity of alcohol after the time of 
  4.28  actual driving, operating, or being in physical control of a 
  4.29  motor vehicle and before the administration of the evidentiary 
  4.30  test to cause the defendant's alcohol concentration to exceed 
  4.31  the level specified in the applicable clause.  Evidence that the 
  4.32  defendant consumed alcohol after the time of actual driving, 
  4.33  operating, or being in physical control of a motor vehicle may 
  4.34  not be admitted in defense to any alleged violation of this 
  4.35  section unless notice is given to the prosecution prior to the 
  4.36  omnibus or pretrial hearing in the matter. 
  5.1      (e) If proven by a preponderance of the evidence, it shall 
  5.2   be an affirmative defense to a violation of subdivision 1, 
  5.3   clause (h), that the defendant used the controlled substance 
  5.4   according to the terms of a prescription issued for the 
  5.5   defendant in accordance with sections 152.11 and 152.12.  
  5.6      (f) The preceding provisions do not limit the introduction 
  5.7   of any other competent evidence bearing upon the question of 
  5.8   whether the person violated this section, including tests 
  5.9   obtained more than two hours after the alleged violation and 
  5.10  results obtained from partial tests on an infrared 
  5.11  breath-testing instrument.  A result from a partial test is the 
  5.12  measurement obtained by analyzing one adequate breath sample, as 
  5.13  defined in section 169.123, subdivision 2b, paragraph (b). 
  5.14     Sec. 5.  Minnesota Statutes 1997 Supplement, section 
  5.15  169.121, subdivision 3, is amended to read: 
  5.16     Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this section:
  5.17     (1) "Prior impaired driving conviction" means a prior 
  5.18  conviction under: 
  5.19     (i) this section; Minnesota Statutes 1996, section 84.91, 
  5.20  subdivision 1, paragraph (a), or 86B.331, subdivision 1, 
  5.21  paragraph (a); section 169.1211; section 169.129; or section 
  5.22  360.0752; 
  5.23     (ii) section 609.21, subdivision 1, clauses (2) to ~~(6)~~ (7); 
  5.24  subdivision 2, clauses (2) to ~~(6)~~ (7); subdivision 2a, clauses 
  5.25  (2) to ~~(6)~~ (7); subdivision 2b, clauses (2) to ~~(6)~~ (7); 
  5.26  subdivision 3, clauses (2) to ~~(6)~~ (7); or subdivision 4, clauses 
  5.27  (2) to ~~(6)~~ (7); or 
  5.28     (iii) an ordinance from this state, or a statute or 
  5.29  ordinance from another state, in conformity with any provision 
  5.30  listed in item (i) or (ii). 
  5.31     A prior impaired driving conviction also includes a prior 
  5.32  juvenile adjudication that would have been a prior impaired 
  5.33  driving conviction if committed by an adult. 
  5.34     (2) "Prior license revocation" means a driver's license 
  5.35  suspension, revocation, cancellation, denial, or 
  5.36  disqualification under: 
  6.1      (i) this section or section 169.1211, 169.123, 171.04, 
  6.2   171.14, 171.16, 171.165, 171.17, or 171.18 because of an 
  6.3   alcohol-related incident; 
  6.4      (ii) section 609.21, subdivision 1, clauses (2) to ~~(6)~~ (7); 
  6.5   subdivision 2, clauses (2) to ~~(6)~~ (7); subdivision 2a, clauses 
  6.6   (2) to ~~(6)~~ (7); subdivision 2b, clauses (2) to ~~(6)~~ (7); 
  6.7   subdivision 3, clauses (2) to ~~(6)~~ (7); or subdivision 4, clauses 
  6.8   (2) to ~~(6)~~ (7); or 
  6.9      (iii) an ordinance from this state, or a statute or 
  6.10  ordinance from another state, in conformity with any provision 
  6.11  listed in item (i) or (ii). 
  6.12     "Prior license revocation" also means the revocation of 
  6.13  snowmobile or all-terrain vehicle operating privileges under 
  6.14  section 84.911, or motorboat operating privileges under section 
  6.15  86B.335, for violations that occurred on or after August 1, 1995.
  6.16     (b) A person who violates subdivision 1, ~~clause~~ 
  6.17  paragraph (a), (b), (c), (d), (e), (g), ~~or~~ (h), or (i), or 
  6.18  subdivision 1a, or an ordinance in conformity with any of them, 
  6.19  is guilty of a misdemeanor. 
  6.20     (c) A person is guilty of a gross misdemeanor under any of 
  6.21  the following circumstances: 
  6.22     (1) the person violates subdivision 1, ~~clause~~ 
  6.23  paragraph (f); 
  6.24     (2) the person violates subdivision 1, ~~clause~~ 
  6.25  paragraph (a), (b), (c), (d), (e), (g), ~~or~~ (h), or (i), or 
  6.26  subdivision 1a, within five years of a prior impaired driving 
  6.27  conviction or a prior license revocation; 
  6.28     (3) the person violates section 169.26 while in violation 
  6.29  of subdivision 1; or 
  6.30     (4) the person violates subdivision 1 or 1a while a child 
  6.31  under the age of 16 is in the vehicle, if the child is more than 
  6.32  36 months younger than the violator. 
  6.33     A person convicted of a gross misdemeanor under this 
  6.34  paragraph is subject to the mandatory penalties provided in 
  6.35  subdivision 3d. 
  6.36     (d) A person is guilty of an enhanced gross misdemeanor 
  7.1   under any of the following circumstances: 
  7.2      (1) the person violates subdivision 1, ~~clause~~ 
  7.3   paragraph (f), or commits a violation described in paragraph 
  7.4   (c), clause (3) or (4), within ten years of one or more prior 
  7.5   impaired driving convictions or prior license revocations; 
  7.6      (2) the person violates subdivision 1, ~~clause~~ 
  7.7   paragraph (a), (b), (c), (d), (e), (g), ~~or~~ (h), or (i), or 
  7.8   subdivision 1a, within ten years of the first of two or more 
  7.9   prior impaired driving convictions, two or more prior license 
  7.10  revocations, or any combination of two or more prior impaired 
  7.11  driving convictions and prior license revocations, based on 
  7.12  separate incidents. 
  7.13     A person convicted of an enhanced gross misdemeanor under 
  7.14  this paragraph may be sentenced to imprisonment in a local 
  7.15  correctional facility for not more than two years or to payment 
  7.16  of a fine of not more than $3,000, or both.  Additionally, the 
  7.17  person is subject to the applicable mandatory penalties provided 
  7.18  in subdivision 3e. 
  7.19     (e) The court shall notify a person convicted of violating 
  7.20  subdivision 1 or 1a that the registration plates of the person's 
  7.21  motor vehicle may be impounded under section 168.042 and the 
  7.22  vehicle may be subject to forfeiture under section 169.1217 upon 
  7.23  a subsequent conviction for violating this section, section 
  7.24  169.129, or section 171.24, or a subsequent license revocation 
  7.25  under section 169.123.  The notice must describe the conduct and 
  7.26  the time periods within which the conduct must occur in order to 
  7.27  result in plate impoundment or forfeiture.  The failure of the 
  7.28  court to provide this information does not affect the 
  7.29  applicability of the plate impoundment or the forfeiture 
  7.30  provision to that person. 
  7.31     (f) The attorney in the jurisdiction in which the violation 
  7.32  occurred who is responsible for prosecution of misdemeanor 
  7.33  violations of this section shall also be responsible for 
  7.34  prosecution of gross misdemeanor and enhanced gross misdemeanor 
  7.35  violations of this section. 
  7.36     (g) The court must impose consecutive sentences when it 
  8.1   sentences a person for a violation of this section or section 
  8.2   169.129 arising out of separate behavioral incidents.  The court 
  8.3   also must impose a consecutive sentence when it sentences a 
  8.4   person for a violation of this section or section 169.129 and 
  8.5   the person, at the time of sentencing, is on probation for, or 
  8.6   serving, an executed sentence for a violation of this section or 
  8.7   section 169.129 and the prior sentence involved a separate 
  8.8   behavioral incident.  The court also may order that the sentence 
  8.9   imposed for a violation of this section or section 169.129 shall 
  8.10  run consecutively to a previously imposed misdemeanor, gross 
  8.11  misdemeanor or felony sentence for a violation other than this 
  8.12  section or section 169.129.  
  8.13     (h) When the court stays the sentence of a person convicted 
  8.14  under this section, the length of the stay is governed by 
  8.15  section 609.135, subdivision 2. 
  8.16     (i) The court may impose consecutive sentences for offenses 
  8.17  arising out of a single course of conduct as permitted in 
  8.18  section 609.035, subdivision 2.  
  8.19     (j) When an attorney responsible for prosecuting gross 
  8.20  misdemeanors or enhanced gross misdemeanors under this section 
  8.21  requests criminal history information relating to prior impaired 
  8.22  driving convictions from a court, the court must furnish the 
  8.23  information without charge. 
  8.24     (k) A violation of subdivision 1a may be prosecuted either 
  8.25  in the jurisdiction where the arresting officer observed the 
  8.26  defendant driving, operating, or in control of the motor vehicle 
  8.27  or in the jurisdiction where the refusal occurred. 
  8.28     Sec. 6.  Minnesota Statutes 1997 Supplement, section 
  8.29  169.121, subdivision 3b, is amended to read: 
  8.30     Subd. 3b.  [CHEMICAL USE ASSESSMENT.] The court must order 
  8.31  a person to submit to the level of care recommended in the 
  8.32  chemical use assessment if the person has been convicted of 
  8.33  violating: 
  8.34     (1) subdivision 1, ~~clause~~ paragraph (f); or 
  8.35     (2) subdivision 1, ~~clause~~ paragraph (a), (b), (c), (d), 
  8.36  (e), (g), ~~or~~ (h), or (i), subdivision 1a, section 169.129, an 
  9.1   ordinance in conformity with any of them, or a statute or 
  9.2   ordinance from another state in conformity with any of them: 
  9.3      (i) within five years of a prior impaired driving 
  9.4   conviction or a prior license revocation; or 
  9.5      (ii) within ten years of two or more prior impaired driving 
  9.6   convictions, two or more prior license revocations, or a prior 
  9.7   impaired driving conviction and a prior license revocation, 
  9.8   based on separate incidents.  
  9.9      Sec. 7.  Minnesota Statutes 1997 Supplement, section 
  9.10  169.1217, subdivision 1, is amended to read: 
  9.11     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  9.12  following terms have the meanings given them: 
  9.13     (a) "Appropriate agency" means a law enforcement agency 
  9.14  that has the authority to make an arrest for a violation of a 
  9.15  designated offense or to require a test under section 169.123. 
  9.16     (b) "Designated license revocation" includes a license 
  9.17  revocation under section 169.123: 
  9.18     (1) within five years of two prior impaired driving 
  9.19  convictions, two prior license revocations, or a prior impaired 
  9.20  driving conviction and a prior license revocation, based on 
  9.21  separate incidents; or 
  9.22     (2) within 15 years of the first of three or more prior 
  9.23  impaired driving convictions, three or more prior license 
  9.24  revocations, or any combination of three or more prior impaired 
  9.25  driving convictions and prior license revocations, based on 
  9.26  separate incidents.  
  9.27     (c) "Designated offense" includes: 
  9.28     (1) a violation of section 169.121, subdivision 1, ~~clause~~ 
  9.29  paragraph (a), (b), (c), (d), (e), (g), ~~or~~ (h), or (i), 
  9.30  subdivision 1a, an ordinance in conformity with any of them, or 
  9.31  section 169.129: 
  9.32     (i) within five years of two prior impaired driving 
  9.33  convictions, or two prior license revocations, or a prior 
  9.34  impaired driving conviction and a prior license revocation, 
  9.35  based on separate incidents; or 
  9.36     (ii) within 15 years of the first of three or more prior 
 10.1   impaired driving convictions, three or more prior license 
 10.2   revocations, or any combination of three or more impaired 
 10.3   driving convictions and prior license revocations, based on 
 10.4   separate incidents; 
 10.5      (2) a violation of section 169.121, subdivision 1, ~~clause~~ 
 10.6   paragraph (f), or a violation of section 169.121, subdivision 3, 
 10.7   paragraph (c), clause (4): 
 10.8      (i) within five years of a prior impaired driving 
 10.9   conviction or a prior license revocation; or 
 10.10     (ii) within 15 years of the first of two or more prior 
 10.11  impaired driving convictions, two or more prior license 
 10.12  revocations, or a prior impaired driving conviction and a prior 
 10.13  license revocation, based on separate incidents; or 
 10.14     (3) a violation of section 169.121, an ordinance in 
 10.15  conformity with it, or section 169.129: 
 10.16     (i) by a person whose driver's license or driving 
 10.17  privileges have been canceled under section 171.04, subdivision 
 10.18  1, clause (9); or 
 10.19     (ii) by a person who is subject to a restriction on the 
 10.20  person's driver's license under section 171.09 which provides 
 10.21  that the person may not use or consume any amount of alcohol or 
 10.22  a controlled substance. 
 10.23     (d) "Motor vehicle" and "vehicle" have the meaning given 
 10.24  "motor vehicle" in section 169.121, subdivision 11.  The terms 
 10.25  do not include a vehicle which is stolen or taken in violation 
 10.26  of the law. 
 10.27     (e) "Owner" means the registered owner of the motor vehicle 
 10.28  according to records of the department of public safety and 
 10.29  includes a lessee of a motor vehicle if the lease agreement has 
 10.30  a term of 180 days or more. 
 10.31     (f) "Prior impaired driving conviction" has the meaning 
 10.32  given it in section 169.121, subdivision 3.  A prior impaired 
 10.33  driving conviction also includes a prior juvenile adjudication 
 10.34  that would have been a prior impaired driving conviction if 
 10.35  committed by an adult. 
 10.36     (g) "Prior license revocation" has the meaning given it in 
 11.1   section 169.121, subdivision 3. 
 11.2      (h) "Prosecuting authority" means the attorney in the 
 11.3   jurisdiction in which the designated offense occurred who is 
 11.4   responsible for prosecuting violations of a designated offense. 
 11.5      Sec. 8.  Minnesota Statutes 1997 Supplement, section 
 11.6   169.123, subdivision 1, is amended to read: 
 11.7      Subdivision 1.  [~~PEACE OFFICER DEFINED~~ DEFINITIONS.] (a) 
 11.8   For purposes of this section, section 169.121, and section 
 11.9   169.1211, the term peace officer means (1) a state patrol 
 11.10  officer, (2) University of Minnesota peace officer, (3) a 
 11.11  constable as defined in section 367.40, subdivision 3, (4) 
 11.12  police officer of any municipality, including towns having 
 11.13  powers under section 368.01, or county, and (5) for purposes of 
 11.14  violations of those sections in or on an off-road recreational 
 11.15  vehicle or motorboat, a state conservation officer. 
 11.16     (b) As used in this section, "prior impaired driving 
 11.17  conviction" has the meaning given in section 169.121, 
 11.18  subdivision 3. 
 11.19     (c) As used in this section, "prior license revocation" has 
 11.20  the meaning given in section 169.121, subdivision 3. 
 11.21     Sec. 9.  Minnesota Statutes 1996, section 169.123, 
 11.22  subdivision 2, is amended to read: 
 11.23     Subd. 2.  [IMPLIED CONSENT; CONDITIONS; ELECTION OF TEST.] 
 11.24  (a) Any person who drives, operates, or is in physical control 
 11.25  of a motor vehicle within this state or upon the ice of any 
 11.26  boundary water of this state consents, subject to the provisions 
 11.27  of this section and sections 169.121 and 169.1211, to a chemical 
 11.28  test of that person's blood, breath, or urine for the purpose of 
 11.29  determining the presence of alcohol, controlled substances, or 
 11.30  hazardous substances.  The test shall be administered at the 
 11.31  direction of a peace officer.  The test may be required of a 
 11.32  person when an officer has probable cause to believe the person 
 11.33  was driving, operating, or in physical control of a motor 
 11.34  vehicle in violation of section 169.121 and one of the following 
 11.35  conditions exist: 
 11.36     (1) the person has been lawfully placed under arrest for 
 12.1   violation of section 169.121, or an ordinance in conformity with 
 12.2   it; 
 12.3      (2) the person has been involved in a motor vehicle 
 12.4   accident or collision resulting in property damage, personal 
 12.5   injury, or death; 
 12.6      (3) the person has refused to take the screening test 
 12.7   provided for by section 169.121, subdivision 6; ~~or~~ 
 12.8      (4) the screening test was administered and indicated an 
 12.9   alcohol concentration of 0.10 or more; or 
 12.10     (5) the screening test was administered and indicated an 
 12.11  alcohol concentration of 0.08 or more, if the person has ever 
 12.12  had a prior impaired driving conviction or a prior license 
 12.13  revocation.  
 12.14     The test may also be required of a person when an officer 
 12.15  has probable cause to believe the person was driving, operating, 
 12.16  or in physical control of a commercial motor vehicle with the 
 12.17  presence of any alcohol. 
 12.18     (b) At the time a test is requested, the person shall be 
 12.19  informed: 
 12.20     (1) that Minnesota law requires the person to take a test: 
 12.21  (i) to determine if the person is under the influence of 
 12.22  alcohol, controlled substances, or hazardous substances; (ii) to 
 12.23  determine the presence of a controlled substance listed in 
 12.24  schedule I or II, other than marijuana or tetrahydrocannabinols; 
 12.25  and (iii) if the motor vehicle was a commercial motor vehicle, 
 12.26  to determine the presence of alcohol; 
 12.27     (2) that refusal to take a test is a crime; 
 12.28     (3) if the peace officer has probable cause to believe the 
 12.29  person has violated the criminal vehicular homicide and injury 
 12.30  laws, that a test will be taken with or without the person's 
 12.31  consent; and 
 12.32     (4) that the person has the right to consult with an 
 12.33  attorney, but that this right is limited to the extent that it 
 12.34  cannot unreasonably delay administration of the test. 
 12.35     (c) The peace officer who requires a test pursuant to this 
 12.36  subdivision may direct whether the test shall be of blood, 
 13.1   breath, or urine.  Action may be taken against a person who 
 13.2   refuses to take a blood test only if an alternative test was 
 13.3   offered and action may be taken against a person who refuses to 
 13.4   take a urine test only if an alternative test was offered. 
 13.5      Sec. 10.  Minnesota Statutes 1997 Supplement, section 
 13.6   169.123, subdivision 4, is amended to read: 
 13.7      Subd. 4.  [REFUSAL; REVOCATION OF LICENSE.] (a) If a person 
 13.8   refuses to permit a test, none shall be given, but the peace 
 13.9   officer shall report the refusal to the commissioner of public 
 13.10  safety and the authority having responsibility for prosecution 
 13.11  of misdemeanor offenses for the jurisdiction in which the acts 
 13.12  occurred.  However, if a peace officer has probable cause to 
 13.13  believe that the person has violated section 609.21, a test may 
 13.14  be required and obtained despite the person's refusal.  A 
 13.15  refusal to submit to an alcohol concentration test does not 
 13.16  constitute a violation of section 609.50, unless the refusal was 
 13.17  accompanied by force or violence or the threat of force or 
 13.18  violence.  
 13.19     (b) If a person submits to a test, the results of that test 
 13.20  shall be reported to the commissioner of public safety and to 
 13.21  the authority having responsibility for prosecution of 
 13.22  misdemeanor offenses for the jurisdiction in which the acts 
 13.23  occurred, if the test results indicate: 
 13.24     (1) an alcohol concentration of 0.10 or more; 
 13.25     (2) an alcohol concentration of 0.08 or more, if the person 
 13.26  has ever had a prior impaired driving conviction or a prior 
 13.27  license revocation; 
 13.28     (3) an alcohol concentration of 0.04 or more, if the person 
 13.29  was driving, operating, or in physical control of a commercial 
 13.30  motor vehicle at the time of the violation; or 
 13.31     ~~(3)~~ (4) the presence of a controlled substance listed in 
 13.32  schedule I or II, other than marijuana or tetrahydrocannabinols. 
 13.33     (c) Upon certification by the peace officer that there 
 13.34  existed probable cause to believe the person had been driving, 
 13.35  operating, or in physical control of a motor vehicle in 
 13.36  violation of section 169.121 and that the person refused to 
 14.1   submit to a test, the commissioner of public safety shall revoke 
 14.2   the person's license or permit to drive, or nonresident 
 14.3   operating privilege, for a period of one year even if a test was 
 14.4   obtained pursuant to this section after the person refused to 
 14.5   submit to testing.  
 14.6      (d) Upon certification by the peace officer that there 
 14.7   existed probable cause to believe the person had been driving, 
 14.8   operating, or in physical control of a commercial motor vehicle 
 14.9   with the presence of any alcohol in violation of section 169.121 
 14.10  or 169.1211, and that the person refused to submit to a test, 
 14.11  the commissioner shall disqualify the person from operating a 
 14.12  commercial motor vehicle for a period of one year under section 
 14.13  171.165 and shall revoke the person's license or permit to drive 
 14.14  or nonresident operating privilege for a period of one year.  
 14.15     (e) Upon certification by the peace officer that there 
 14.16  existed probable cause to believe the person had been driving, 
 14.17  operating, or in physical control of a motor vehicle in 
 14.18  violation of section 169.121 and that the person submitted to a 
 14.19  test and the test results indicate an alcohol concentration of 
 14.20  ~~0.10~~ 0.08 or more; or an alcohol concentration of 0.08 or more, 
 14.21  if the person has ever had a prior impaired driving conviction 
 14.22  or a prior license revocation; or the presence of a controlled 
 14.23  substance listed in schedule I or II, other than marijuana or 
 14.24  tetrahydrocannabinols, 
 14.25  then the commissioner of public safety shall revoke the person's 
 14.26  license or permit to drive, or nonresident operating privilege: 
 14.27     (1) for a period of 90 days; or 
 14.28     (2) if the person is under the age of 21 years, for a 
 14.29  period of six months; or 
 14.30     (3) for a person with a prior impaired driving conviction 
 14.31  or prior license revocation within the past five years, for a 
 14.32  period of 180 days; or 
 14.33     (4) if the test results indicate an alcohol concentration 
 14.34  of 0.20 or more, for twice the applicable period in clauses (1) 
 14.35  to (3). 
 14.36     (f) On certification by the peace officer that there 
 15.1   existed probable cause to believe the person had been driving, 
 15.2   operating, or in physical control of a commercial motor vehicle 
 15.3   with any presence of alcohol and that the person submitted to a 
 15.4   test and the test results indicated an alcohol concentration of 
 15.5   0.04 or more, the commissioner of public safety shall disqualify 
 15.6   the person from operating a commercial motor vehicle under 
 15.7   section 171.165.  
 15.8      (g) If the person is a resident without a license or permit 
 15.9   to operate a motor vehicle in this state, the commissioner of 
 15.10  public safety shall deny to the person the issuance of a license 
 15.11  or permit for the same period after the date of the alleged 
 15.12  violation as provided herein for revocation, subject to review 
 15.13  as hereinafter provided. 
 15.14     ~~(h) As used in this subdivision, the terms "prior impaired~~ 
 15.15  ~~driving conviction" and "prior license revocation" have the~~ 
 15.16  ~~meanings given in section 169.121, subdivision 3, paragraph (a).~~ 
 15.17     Sec. 11.  Minnesota Statutes 1996, section 169.123, 
 15.18  subdivision 5a, is amended to read: 
 15.19     Subd. 5a.  [TEST REFUSAL; DRIVING PRIVILEGE LOST.] (a) On 
 15.20  behalf of the commissioner of public safety, a peace officer 
 15.21  requiring a test or directing the administration of a chemical 
 15.22  test shall serve immediate notice of intention to revoke and of 
 15.23  revocation on a person who refuses to permit a test or on a 
 15.24  person who submits to a test the results of which indicate an 
 15.25  alcohol concentration of: 
 15.26     (1) 0.10 or more; or 
 15.27     (2) 0.08 or more, if the person has ever had a prior 
 15.28  impaired driving conviction or a prior license revocation. 
 15.29     (b) On behalf of the commissioner of public safety, a peace 
 15.30  officer requiring a test or directing the administration of a 
 15.31  chemical test of a person driving, operating, or in physical 
 15.32  control of a commercial motor vehicle shall serve immediate 
 15.33  notice of intention to disqualify and of disqualification on a 
 15.34  person who refuses to permit a test, or on a person who submits 
 15.35  to a test the results of which indicate an alcohol concentration 
 15.36  of 0.04 or more.  
 16.1      (c) The officer shall either: 
 16.2      (1) take the driver's license or permit, if any, send it to 
 16.3   the commissioner of public safety along with the certificate 
 16.4   required by subdivision 4, and issue a temporary license 
 16.5   effective only for seven days; or 
 16.6      (2) invalidate the driver's license or permit in such a way 
 16.7   that no identifying information is destroyed. 
 16.8      Sec. 12.  Minnesota Statutes 1997 Supplement, section 
 16.9   169.123, subdivision 6, is amended to read: 
 16.10     Subd. 6.  [HEARING.] (a) A hearing under this section shall 
 16.11  be before a district judge in any county in the judicial 
 16.12  district where the alleged offense occurred.  The hearing shall 
 16.13  be to the court and may be conducted at the same time and in the 
 16.14  same manner as hearings upon pretrial motions in the criminal 
 16.15  prosecution under section 169.121, if any.  The hearing shall be 
 16.16  recorded.  The commissioner of public safety shall appear and be 
 16.17  represented by the attorney general or through the prosecuting 
 16.18  authority for the jurisdiction involved.  The hearing shall be 
 16.19  held at the earliest practicable date, and in any event no later 
 16.20  than 60 days following the filing of the petition for review.  
 16.21  The judicial district administrator shall establish procedures 
 16.22  to ensure efficient compliance with this subdivision.  To 
 16.23  accomplish this, the administrator may, whenever possible, 
 16.24  consolidate and transfer review hearings among the county courts 
 16.25  within the judicial district.  
 16.26     (b) The scope of the hearing shall be limited to the issues 
 16.27  in clauses (1) to (10): 
 16.28     (1) Did the peace officer have probable cause to believe 
 16.29  the person was driving, operating, or in physical control of: 
 16.30     (i) a motor vehicle in violation of section 169.121; or 
 16.31     (ii) a commercial motor vehicle in violation of section 
 16.32  169.1211? 
 16.33     (2) Was the person lawfully placed under arrest for 
 16.34  violation of section 169.121 or 169.1211? 
 16.35     (3) Was the person involved in a motor vehicle accident or 
 16.36  collision resulting in property damage, personal injury, or 
 17.1   death? 
 17.2      (4) Did the person refuse to take a screening test provided 
 17.3   for by section 169.121, subdivision 6? 
 17.4      (5) If the screening test was administered, did the test 
 17.5   indicate an alcohol concentration of: 
 17.6      (i) 0.10 or more; or 
 17.7      (ii) 0.08 or more, if the person has ever had a prior 
 17.8   impaired driving conviction or a prior license revocation? 
 17.9      (6) At the time of the request for the test, did the peace 
 17.10  officer inform the person of the person's rights and the 
 17.11  consequences of taking or refusing the test as required by 
 17.12  subdivision 2? 
 17.13     (7) Did the person refuse to permit the test? 
 17.14     (8) If a test was taken by a person driving, operating, or 
 17.15  in physical control of a motor vehicle, did the test results 
 17.16  indicate at the time of testing: 
 17.17     (i) an alcohol concentration of 0.10 or more; ~~or~~ 
 17.18     (ii) an alcohol concentration of 0.08 or more, if the 
 17.19  person has ever had a prior impaired driving conviction or a 
 17.20  prior license revocation; or 
 17.21     (iii) the presence of a controlled substance listed in 
 17.22  schedule I or II, other than marijuana or tetrahydrocannabinols? 
 17.23     (9) If a test was taken by a person driving, operating, or 
 17.24  in physical control of a commercial motor vehicle, did the test 
 17.25  results indicate an alcohol concentration of 0.04 or more at the 
 17.26  time of testing? 
 17.27     (10) Was the testing method used valid and reliable and 
 17.28  were the test results accurately evaluated? 
 17.29     (c) It shall be an affirmative defense for the petitioner 
 17.30  to prove that, at the time of the refusal, the petitioner's 
 17.31  refusal to permit the test was based upon reasonable grounds. 
 17.32     (d) Certified or otherwise authenticated copies of 
 17.33  laboratory or medical personnel reports, records, documents, 
 17.34  licenses, and certificates shall be admissible as substantive 
 17.35  evidence.  
 17.36     (e) The court shall order that the revocation or 
 18.1   disqualification be either rescinded or sustained and forward 
 18.2   the order to the commissioner of public safety.  The court shall 
 18.3   file its order within 14 days following the hearing.  If the 
 18.4   revocation or disqualification is sustained, the court shall 
 18.5   also forward the person's driver's license or permit to the 
 18.6   commissioner of public safety for further action by the 
 18.7   commissioner of public safety if the license or permit is not 
 18.8   already in the commissioner's possession. 
 18.9      Sec. 13.  Minnesota Statutes 1996, section 192A.555, is 
 18.10  amended to read: 
 18.11     192A.555 [DRUNKEN OR RECKLESS DRIVING.] 
 18.12     Subdivision 1.  [DEFINITIONS.] For purposes of this section:
 18.13     (1) "alcohol concentration" has the meaning given in 
 18.14  section 169.01, subdivision 61; 
 18.15     (2) "prior impaired driving conviction" has the meaning 
 18.16  given in section 169.121, subdivision 3; and 
 18.17     (3) "prior license revocation" has the meaning given in 
 18.18  section 169.121, subdivision 3. 
 18.19     Subd. 2.  [CONDUCT PROHIBITED.] Any person subject to this 
 18.20  code who drives, operates or is in actual physical control of 
 18.21  any vehicle or aircraft under the following circumstances shall 
 18.22  be punished as a court-martial may direct: 
 18.23     (1) while under the influence of an alcoholic beverage or 
 18.24  narcotic drug or a combination thereof ~~or whose blood contains~~ 
 18.25  ~~0.10~~; 
 18.26     (2) when the person's alcohol concentration is 0.10 percent 
 18.27  or more ~~by weight of alcohol or who operates said vehicle or~~ 
 18.28  ~~aircraft~~; 
 18.29     (3) when the person's alcohol concentration is 0.08 percent 
 18.30  or more, if the person commits the violation any time after a 
 18.31  prior impaired driving conviction or a prior license revocation; 
 18.32  or 
 18.33     (4) in a reckless or wanton manner~~, shall be punished as a~~ 
 18.34  ~~court-martial may direct~~. 
 18.35  Chemical and other tests for intoxication shall be made only in 
 18.36  accordance with rules issued under this code.  
 19.1      Sec. 14.  Minnesota Statutes 1996, section 609.21, 
 19.2   subdivision 1, is amended to read: 
 19.3      Subdivision 1.  [CRIMINAL VEHICULAR HOMICIDE.] A person is 
 19.4   guilty of criminal vehicular homicide resulting in death and may 
 19.5   be sentenced to imprisonment for not more than ten years or to 
 19.6   payment of a fine of not more than $20,000, or both~~,~~; if the 
 19.7   person causes the death of a human being not constituting murder 
 19.8   or manslaughter as a result of operating a motor vehicle: 
 19.9      (1) in a grossly negligent manner; 
 19.10     (2) in a negligent manner while under the influence of: 
 19.11     (i) alcohol; 
 19.12     (ii) a controlled substance; or 
 19.13     (iii) any combination of those elements; 
 19.14     (3) while having an alcohol concentration of 0.10 or more; 
 19.15     (4) while having an alcohol concentration of 0.10 or more, 
 19.16  as measured within two hours of the time of driving; 
 19.17     (5) while having an alcohol concentration of 0.08 or more 
 19.18  at the time of driving or as measured within two hours of the 
 19.19  time of driving, if the person commits the violation any time 
 19.20  after a prior impaired driving conviction or a prior license 
 19.21  revocation; 
 19.22     (6) in a negligent manner while knowingly under the 
 19.23  influence of a hazardous substance; 
 19.24     ~~(6)~~ (7) in a negligent manner while any amount of a 
 19.25  controlled substance listed in schedule I or II, other than 
 19.26  marijuana or tetrahydrocannabinols, is present in the person's 
 19.27  body; or 
 19.28     ~~(7)~~ (8) where the driver who causes the accident leaves the 
 19.29  scene of the accident in violation of section 169.09, 
 19.30  subdivision 1 or 6. 
 19.31     Sec. 15.  Minnesota Statutes 1996, section 609.21, 
 19.32  subdivision 2, is amended to read: 
 19.33     Subd. 2.  [RESULTING IN GREAT BODILY HARM.] A person is 
 19.34  guilty of criminal vehicular operation resulting in great bodily 
 19.35  harm and may be sentenced to imprisonment for not more than five 
 19.36  years or to payment of a fine of not more than $10,000, or both, 
 20.1   if the person causes great bodily harm to another, not 
 20.2   constituting attempted murder or assault, as a result of 
 20.3   operating a motor vehicle: 
 20.4      (1) in a grossly negligent manner; 
 20.5      (2) in a negligent manner while under the influence of: 
 20.6      (i) alcohol; 
 20.7      (ii) a controlled substance; or 
 20.8      (iii) any combination of those elements; 
 20.9      (3) while having an alcohol concentration of 0.10 or more; 
 20.10     (4) while having an alcohol concentration of 0.10 or more, 
 20.11  as measured within two hours of the time of driving; 
 20.12     (5) while having an alcohol concentration of 0.08 or more 
 20.13  at the time of driving or as measured within two hours of the 
 20.14  time of driving, if the person commits the violation any time 
 20.15  after a prior impaired driving conviction or a prior license 
 20.16  revocation; 
 20.17     (6) in a negligent manner while knowingly under the 
 20.18  influence of a hazardous substance; 
 20.19     ~~(6)~~ (7) in a negligent manner while any amount of a 
 20.20  controlled substance listed in schedule I or II, other than 
 20.21  marijuana or tetrahydrocannabinols, is present in the person's 
 20.22  body; or 
 20.23     ~~(7)~~ (8) where the driver who causes the accident leaves the 
 20.24  scene of the accident in violation of section 169.09, 
 20.25  subdivision 1 or 6. 
 20.26     Sec. 16.  Minnesota Statutes 1996, section 609.21, 
 20.27  subdivision 2a, is amended to read: 
 20.28     Subd. 2a.  [RESULTING IN SUBSTANTIAL BODILY HARM.] A person 
 20.29  is guilty of criminal vehicular operation resulting in 
 20.30  substantial bodily harm and may be sentenced to imprisonment of 
 20.31  not more than three years or to payment of a fine of not more 
 20.32  than $10,000, or both, if the person causes substantial bodily 
 20.33  harm to another, as a result of operating a motor vehicle; 
 20.34     (1) in a grossly negligent manner; 
 20.35     (2) in a negligent manner while under the influence of: 
 20.36     (i) alcohol; 
 21.1      (ii) a controlled substance; or 
 21.2      (iii) any combination of those elements; 
 21.3      (3) while having an alcohol concentration of 0.10 or more; 
 21.4      (4) while having an alcohol concentration of 0.10 or more, 
 21.5   as measured within two hours of the time of driving; 
 21.6      (5) while having an alcohol concentration of 0.08 or more 
 21.7   at the time of driving or as measured within two hours of the 
 21.8   time of driving, if the person commits the violation any time 
 21.9   after a prior impaired driving conviction or a prior license 
 21.10  revocation; 
 21.11     (6) in a negligent manner while knowingly under the 
 21.12  influence of a hazardous substance; 
 21.13     ~~(6)~~ (7) in a negligent manner while any amount of a 
 21.14  controlled substance listed in schedule I or II, other than 
 21.15  marijuana or tetrahydrocannabinols, is present in the person's 
 21.16  body; or 
 21.17     ~~(7)~~ (8) where the driver who causes the accident leaves the 
 21.18  scene of the accident in violation of section 169.09, 
 21.19  subdivision 1 or 6. 
 21.20     Sec. 17.  Minnesota Statutes 1996, section 609.21, 
 21.21  subdivision 2b, is amended to read: 
 21.22     Subd. 2b.  [RESULTING IN BODILY HARM.] A person is guilty 
 21.23  of criminal vehicular operation resulting in bodily harm and may 
 21.24  be sentenced to imprisonment for not more than one year or to 
 21.25  payment of a fine of not more than $3,000, or both, if the 
 21.26  person causes bodily harm to another, as a result of operating a 
 21.27  motor vehicle: 
 21.28     (1) in a grossly negligent manner; 
 21.29     (2) in a negligent manner while under the influence of: 
 21.30     (i) alcohol; 
 21.31     (ii) a controlled substance; or 
 21.32     (iii) any combination of those elements; 
 21.33     (3) while having an alcohol concentration of 0.10 or more; 
 21.34     (4) while having an alcohol concentration of 0.10 or more, 
 21.35  as measured within two hours of the time of driving; 
 21.36     (5) while having an alcohol concentration of 0.08 or more 
 22.1   at the time of driving or as measured within two hours of the 
 22.2   time of driving, if the person commits the violation any time 
 22.3   after a prior impaired driving conviction or a prior license 
 22.4   revocation; 
 22.5      (6) in a negligent manner while knowingly under the 
 22.6   influence of a hazardous substance; 
 22.7      ~~(6)~~ (7) in a negligent manner while any amount of a 
 22.8   controlled substance listed in schedule I or II, other than 
 22.9   marijuana or tetrahydrocannabinols, is present in the person's 
 22.10  body; or 
 22.11     ~~(7)~~ (8) where the driver who causes the accident leaves the 
 22.12  scene of the accident in violation of section 169.09, 
 22.13  subdivision 1 or 6. 
 22.14     Sec. 18.  Minnesota Statutes 1996, section 609.21, 
 22.15  subdivision 3, is amended to read: 
 22.16     Subd. 3.  [RESULTING IN DEATH TO AN UNBORN CHILD.] A person 
 22.17  is guilty of criminal vehicular operation resulting in death to 
 22.18  an unborn child and may be sentenced to imprisonment for not 
 22.19  more than ten years or to payment of a fine of not more than 
 22.20  $20,000, or both, if the person causes the death of an unborn 
 22.21  child as a result of operating a motor vehicle: 
 22.22     (1) in a grossly negligent manner; 
 22.23     (2) in a negligent manner while under the influence of: 
 22.24     (i) alcohol; 
 22.25     (ii) a controlled substance; or 
 22.26     (iii) any combination of those elements; 
 22.27     (3) while having an alcohol concentration of 0.10 or more; 
 22.28     (4) while having an alcohol concentration of 0.10 or more, 
 22.29  as measured within two hours of the time of driving; 
 22.30     (5) while having an alcohol concentration of 0.08 or more 
 22.31  at the time of driving or as measured within two hours of the 
 22.32  time of driving, if the person commits the violation any time 
 22.33  after a prior impaired driving conviction or a prior license 
 22.34  revocation; 
 22.35     (6) in a negligent manner while knowingly under the 
 22.36  influence of a hazardous substance; 
 23.1      ~~(6)~~ (7) in a negligent manner while any amount of a 
 23.2   controlled substance listed in schedule I or II, other than 
 23.3   marijuana or tetrahydrocannabinols, is present in the person's 
 23.4   body; or 
 23.5      ~~(7)~~ (8) where the driver who causes the accident leaves the 
 23.6   scene of the accident in violation of section 169.09, 
 23.7   subdivision 1 or 6.  
 23.8      A prosecution for or conviction of a crime under this 
 23.9   subdivision is not a bar to conviction of or punishment for any 
 23.10  other crime committed by the defendant as part of the same 
 23.11  conduct. 
 23.12     Sec. 19.  Minnesota Statutes 1996, section 609.21, 
 23.13  subdivision 4, is amended to read: 
 23.14     Subd. 4.  [RESULTING IN INJURY TO UNBORN CHILD.] A person 
 23.15  is guilty of criminal vehicular operation resulting in injury to 
 23.16  an unborn child and may be sentenced to imprisonment for not 
 23.17  more than five years or to payment of a fine of not more than 
 23.18  $10,000, or both, if the person causes great bodily harm to an 
 23.19  unborn child who is subsequently born alive, as a result of 
 23.20  operating a motor vehicle: 
 23.21     (1) in a grossly negligent manner; 
 23.22     (2) in a negligent manner while under the influence of:  
 23.23     (i) alcohol; 
 23.24     (ii) a controlled substance; or 
 23.25     (iii) any combination of those elements; 
 23.26     (3) while having an alcohol concentration of 0.10 or more; 
 23.27     (4) while having an alcohol concentration of 0.10 or more, 
 23.28  as measured within two hours of the time of driving; 
 23.29     (5) while having an alcohol concentration of 0.08 or more 
 23.30  at the time of driving or as measured within two hours of the 
 23.31  time of driving, if the person commits the violation any time 
 23.32  after a prior impaired driving conviction or a prior license 
 23.33  revocation; 
 23.34     (6) in a negligent manner while knowingly under the 
 23.35  influence of a hazardous substance; 
 23.36     ~~(6)~~ (7) in a negligent manner while any amount of a 
 24.1   controlled substance listed in schedule I or II, other than 
 24.2   marijuana or tetrahydrocannabinols, is present in the person's 
 24.3   body; or 
 24.4      ~~(7)~~ (8) where the driver who causes the accident leaves the 
 24.5   scene of the accident in violation of section 169.09, 
 24.6   subdivision 1 or 6.  
 24.7      A prosecution for or conviction of a crime under this 
 24.8   subdivision is not a bar to conviction of or punishment for any 
 24.9   other crime committed by the defendant as part of the same 
 24.10  conduct. 
 24.11     Sec. 20.  Minnesota Statutes 1996, section 609.21, 
 24.12  subdivision 4a, is amended to read: 
 24.13     Subd. 4a.  [AFFIRMATIVE DEFENSE.] It shall be an 
 24.14  affirmative defense to a charge under subdivision 1, 
 24.15  clause ~~(6)~~ (7); 2, clause ~~(6)~~ (7); 2a, clause ~~(6)~~ (7); 2b, 
 24.16  clause ~~(6)~~ (7); 3, clause ~~(6)~~ (7); or 4, clause ~~(6)~~ (7), 
 24.17  that the defendant used the controlled substance according to 
 24.18  the terms of a prescription issued for the defendant in 
 24.19  accordance with sections 152.11 and 152.12. 
 24.20     Sec. 21.  Minnesota Statutes 1996, section 609.21, 
 24.21  subdivision 5, is amended to read: 
 24.22     Subd. 5.  [DEFINITIONS.] For purposes of this section, the 
 24.23  terms defined in this subdivision have the meanings given them. 
 24.24     (a) "Motor vehicle" has the meaning given in section 
 24.25  609.52, subdivision 1. 
 24.26     (b) "Controlled substance" has the meaning given in section 
 24.27  152.01, subdivision 4. 
 24.28     (c) "Hazardous substance" means any chemical or chemical 
 24.29  compound that is listed as a hazardous substance in rules 
 24.30  adopted under chapter 182. 
 24.31     (d) "Prior impaired driving conviction" has the meaning 
 24.32  given in section 169.121, subdivision 3. 
 24.33     (e) "Prior license revocation" has the meaning given in 
 24.34  section 169.121, subdivision 3. 
 24.35     Sec. 22.  [ALCOHOL CONCENTRATION STANDARD LOWERED IF 
 24.36  FEDERAL LAW ENACTED.] 
 25.1      Subdivision 1.  [EFFECT OF ENACTMENT OF FEDERAL LAW.] If a 
 25.2   federal law is enacted providing that a state will lose federal 
 25.3   highway funding if the state does not have a 0.08 alcohol 
 25.4   concentration standard for its driving while impaired statutes, 
 25.5   the alcohol concentration standard in this state shall be 0.08.  
 25.6      Subd. 2.  [APPLICABILITY.] If the alcohol concentration 
 25.7   standard is required to be lowered to 0.08, the change becomes 
 25.8   effective July 1 in the year following the enactment of the 
 25.9   federal law and applies to crimes committed on or after that 
 25.10  date. 
 25.11     Subd. 3.  [REVISOR INSTRUCTION.] If the alcohol 
 25.12  concentration standard is lowered to 0.08 under this section, 
 25.13  the Revisor of Statutes shall change the provisions of the 
 25.14  state's laws referring to the per se level of alcohol 
 25.15  concentration accordingly.  These changes must appear in the 
 25.16  next edition of Minnesota Statutes published following the 
 25.17  enactment of the federal law. 
 25.18     Sec. 23.  [EFFECTIVE DATE.] 
 25.19     Sections 1 to 21 are effective July 1, 1999, and apply to 
 25.20  violations occurring on or after that date.  However, violations 
 25.21  occurring before July 1, 1999, which are listed in Minnesota 
 25.22  Statutes, section 169.121, subdivision 3, paragraph (a), are 
 25.23  considered prior impaired driving convictions or prior license 
 25.24  revocations for purposes of:  determining the applicable alcohol 
 25.25  concentration standard, conditional release, long-term 
 25.26  monitoring, criminal penalties, sentencing, and administrative 
 25.27  licensing sanctions for a person charged for or convicted of a 
 25.28  violation occurring on or after July 1, 1999.  Section 22 is 
 25.29  effective the day after final enactment.