169A.283 STAY OF EXECUTION OF SENTENCE.
Subdivision 1.
Stay authorized. Except as otherwise provided in sections
169A.275
(mandatory penalties; nonfelony violations) and
169A.276 (mandatory penalties; felony
violations), when a court sentences a person convicted of a violation of section
169A.20 (driving
while impaired), the court may stay execution of the criminal sentence described in section
169A.24 (first-degree driving while impaired),
169A.25 (second-degree driving while impaired),
169A.26 (third-degree driving while impaired), or
169A.27 (fourth-degree driving while
impaired) on the condition that the convicted person submit to the level of care recommended in
the chemical use assessment report required under section
169A.70 (alcohol safety programs;
chemical use assessments). If the court does not order a level of care in accordance with the
assessment report recommendation as a condition of a stay of execution, it shall state on the
record its reasons for not following the assessment report recommendation.
Subd. 2.
Manner and length of stay, required report. A stay of execution must be in the
manner provided in section
609.135 (stay of imposition or execution of sentence). The length of
stay is governed by section
609.135, subdivision 2. The court shall report to the commissioner
any stay of execution of sentence granted under this section.
Subd. 3.
No stay of license revocation. The court may not stay the execution of the driver's
license revocation provisions of section
169A.54 (impaired driving convictions and adjudications;
administrative penalties).
History: 2000 c 478 art 1 s 14; 1Sp2001 c 8 art 11 s 9; 1Sp2001 c 9 art 19 s 10; 2002 c
379 art 1 s 113