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2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169 — Traffic Regulations › Section 169.96 — Interpretation And Effect.

169.96 INTERPRETATION AND EFFECT.
(a) This chapter shall be interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
(b) In all civil actions, a violation of any of the provisions of this chapter, by either or any of the parties to such action or actions shall not be negligence per se but shall be prima facie evidence of negligence only.
History:
(2720-291) 1937 c 464 s 141; 1939 c 430 s 30
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169 — Traffic Regulations › Section 169.971 — Driver Improvement Clinics; Definitions.

169.971 DRIVER IMPROVEMENT CLINICS; DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of sections 169.971 to 169.973, the terms defined in this section have the meanings given them.
Subd. 2.
Driver improvement clinic.
"Driver improvement clinic" means a formal course of study established under section 169.972, designed primarily to assist persons convicted of traffic violations in correcting improper driving habits and to familiarize them with the provisions of the Highway Traffic Regulation Act.
Subd. 2a.
Youth-oriented driver improvement clinic.
"Youth-oriented driver improvement clinic" means a driver improvement clinic designed for traffic violators age 18 and under to assist them in correcting improper driving practices and review provisions of traffic law with a focus on driving problems common to young and novice drivers.
Subd. 3.
Municipality.
"Municipality" means any city, however organized, and any county or town.
Subd. 4.
Court.
"Court" means a district court.
Subd. 5.
Commissioner.
"Commissioner" means the commissioner of public safety.
History:
1965 c 711 s 1; 1969 c 1129 art 1 s 18; 1973 c 123 art 5 s 7; 1983 c 359 s 16; 1998 c 254 art 2 s 19; 1998 c 388 s 3,4
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169 — Traffic Regulations › Section 169.972 — Establishment Of Driver Improvement Clinic; Fees.

169.972 ESTABLISHMENT OF DRIVER IMPROVEMENT CLINIC; FEES.
Subdivision 1.
Authority to establish clinic.
Subject to sections 169.971 to 169.973 and 171.20, subdivision 3, any court, municipality, association of municipalities, or any regularly established safety organization may establish and conduct a driver improvement clinic or a youth-oriented driver improvement clinic.
Subd. 2.
Fees.
The court, municipality or organization conducting a driver improvement clinic or a youth-oriented driver improvement clinic may establish reasonable tuition fees not to exceed $50, but not to exceed the actual cost of the course.
History:
1965 c 711 s 2; 1973 c 194 s 1; 1984 c 385 s 1; 1998 c 388 s 5
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169 — Traffic Regulations › Section 169.973 — Regulation Of Clinic; Director.

169.973 REGULATION OF CLINIC; DIRECTOR.
Subdivision 1.
Commissioner's authority; rules; curriculum.
The commissioner of public safety shall supervise the administration and conduct of driver improvement clinics and youth-oriented driver improvement clinics. The commissioner of public safety shall promulgate rules setting forth standards for the curriculum and mode of instruction of driver improvement clinics and youth-oriented driver improvement clinics and such other matters as the commissioner of public safety considers necessary for the proper administration of such clinics. In the preparation of such standards the commissioner of public safety shall consult with the state associations of judges. A driver improvement clinic established under sections 169.971 to 169.973 and 171.20, subdivision 3, shall conform to the standards promulgated by the commissioner of public safety. The course of study at a driver improvement clinic and youth-oriented driver improvement clinic may not exceed a cumulative total of nine hours with no single class session lasting more than three hours. The course of study at a driver improvement clinic and youth-oriented driver improvement clinic shall include instruction in railroad crossing safety.
Subd. 2.
Director.
The commissioner of public safety may appoint a driver improvement clinic director within the Department of Public Safety and such other employees as are necessary to accomplish the purposes of Laws 1965, chapter 711.
History:
1965 c 711 s 3; 1969 c 1129 art 1 s 18; 1971 c 491 s 34; 1985 c 248 s 70; 1986 c 444; 1990 c 468 s 3; 1Sp1995 c 3 art 16 s 13; 1998 c 388 s 6; 1Sp2003 c 9 art 10 s 8
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169 — Traffic Regulations › Section 169.985 — Traffic Citation Quota Prohibited.

169.985 TRAFFIC CITATION QUOTA PROHIBITED.
A law enforcement agency may not order, mandate, require, or suggest to a peace officer a quota for the issuance of traffic citations, including administrative citations authorized under section 169.999, on a daily, weekly, monthly, quarterly, or yearly basis.
History:
1990 c 482 s 3; 2009 c 158 s 4
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.01 — Citation; Application.

169A.01 CITATION; APPLICATION.
Subdivision 1.
Citation.
This chapter may be cited as the Minnesota Impaired Driving Code.
Subd. 2.
Application.
Unless otherwise indicated, the provisions of this chapter apply to any person who drives, operates, or is in physical control of a motor vehicle within this state or on any boundary water of this state. The provisions of this chapter are applicable and uniform throughout the state and in all its political subdivisions and municipalities.
Subd. 3.
Local ordinances.
No local authority may enact or enforce any rule or regulation that conflicts with a provision of this chapter unless expressly authorized to do so in this chapter. Local authorities may adopt traffic regulations that do not conflict with the provisions of this chapter. However, if any local ordinance regulating traffic covers the same subject for which a penalty is provided for in this chapter, the penalty provided for the violation of the local ordinance must be identical to the penalty provided for in this chapter for the same offense.
History:
2000 c 478 art 1 s 1
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.05 — Parenthetical References.

169A.05 PARENTHETICAL REFERENCES.
Words set forth in parentheses after references to sections or subdivisions in this chapter are mere catchwords included solely for convenience in reference. They are not substantive and may not be used to construe or limit the meaning of any statutory language.
History:
2000 c 478 art 1 s 3
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.09 — Determining Qualified Prior Dwi Incidents.

169A.09 DETERMINING QUALIFIED PRIOR DWI INCIDENTS.
Prior impaired driving convictions and prior impaired driving-related losses of license must arise out of a separate course of conduct to be considered as multiple qualified prior impaired driving incidents under this chapter. When a person has a prior impaired driving conviction and a prior impaired driving-related loss of license based on the same course of conduct, either the conviction or the loss of license may be considered a qualified prior impaired driving incident, but not both.
History:
2000 c 478 art 1 s 5
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.095 — Determining Number Of Aggravating Factors.

169A.095 DETERMINING NUMBER OF AGGRAVATING FACTORS.
When determining the number of aggravating factors present for purposes of this chapter, subject to section 169A.09 (sanctions for prior behavior to be based on separate courses of conduct), each qualified prior impaired driving incident within the ten years immediately preceding the current offense is counted as a separate aggravating factor.
History:
2000 c 478 art 1 s 6
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.20 — Driving While Impaired.

169A.20 DRIVING WHILE IMPAIRED.
Subdivision 1.
Driving while impaired crime; motor vehicle.
It is a crime for any person to drive, operate, or be in physical control of any motor vehicle, as defined in section 169A.03, subdivision 15, within this state or on any boundary water of this state when:
(1) the person is under the influence of alcohol;
(2) the person is under the influence of a controlled substance;
(3) the person is under the influence of an intoxicating substance and the person knows or has reason to know that the substance has the capacity to cause impairment;
(4) the person is under the influence of a combination of any two or more of the elements named in clauses (1) to (3) or (8);
(5) the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motor vehicle is 0.08 or more;
(6) the vehicle is a commercial motor vehicle and the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the commercial motor vehicle is 0.04 or more;
(7) the person's body contains any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, an artificially derived cannabinoid, or tetrahydrocannabinols; or
(8) the person is under the influence of cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, an artificially derived cannabinoid, or tetrahydrocannabinols.
Subd. 1a.
MS 2020 [Repealed, 1Sp2021 c 6 art 3 s 13]
Subd. 1b.
MS 2020 [Repealed, 1Sp2021 c 6 art 3 s 13]
Subd. 1c.
MS 2020 [Repealed, 1Sp2021 c 6 art 3 s 13]
Subd. 2.
Refusal to submit to chemical test crime.
It is a crime for any person to refuse to submit to a chemical test:
(1) of the person's breath under section 169A.51 (chemical tests for intoxication), or 169A.52 (test refusal or failure; revocation of license); or
(2) of the person's blood or urine as required by a search warrant under sections 171.177 and 626.04 to 626.18.
Subd. 3.
Sentence.
A person who violates this section may be sentenced as provided in section 169A.24 (first-degree driving while impaired), 169A.25 (second-degree driving while impaired), 169A.26 (third-degree driving while impaired), or 169A.27 (fourth-degree driving while impaired).
History:
2000 c 478 art 1 s 7; 1Sp2001 c 8 art 11 s 2; 1Sp2001 c 9 art 19 s 3; 2002 c 379 art 1 s 113; 1Sp2003 c 2 art 9 s 3; 2004 c 283 s 3; 2006 c 260 art 2 s 2; 2009 c 83 art 2 s 9-12; 2017 c 83 art 2 s 2; 2018 c 195 art 2 s 2; art 3 s 2-4; 1Sp2021 c 6 art 3 s 7; 2023 c 63 art 4 s 28
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.24 — First-degree Driving While Impaired.

169A.24 FIRST-DEGREE DRIVING WHILE IMPAIRED.
Subdivision 1.
Degree described.
A person who violates section 169A.20 (driving while impaired) is guilty of first-degree driving while impaired if the person:
(1) commits the violation within ten years of the first of three or more qualified prior impaired driving incidents;
(2) has previously been convicted of a felony under this section; or
(3) has previously been convicted of a felony under:
(i) Minnesota Statutes 2012, section 609.21 (criminal vehicular homicide and injury, substance-related offenses), subdivision 1, clauses (2) to (6);
(ii) Minnesota Statutes 2006, section 609.21 (criminal vehicular homicide and injury, substance-related offenses), subdivision 1, clauses (2) to (6); subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) to (6); subdivision 3, clauses (2) to (6); or subdivision 4, clauses (2) to (6);
(iii) section 609.2112, subdivision 1, paragraph (a), clauses (2) to (6); 609.2113, subdivision 1, clauses (2) to (6), subdivision 2, clauses (2) to (6), or subdivision 3, clauses (2) to (6); or 609.2114, subdivision 1, paragraph (a), clauses (2) to (6), or subdivision 2, clauses (2) to (6); or
(iv) a statute from this state or another state in conformity with any provision listed in item (i), (ii), or (iii).
Subd. 2.
Criminal penalty.
A person who commits first-degree driving while impaired is guilty of a felony and may be sentenced to imprisonment for not more than seven years, or to payment of a fine of not more than $14,000, or both. The person is subject to the mandatory penalties described in section 169A.276 (mandatory penalties; felony violations).
History:
1Sp2001 c 8 art 11 s 3; 1Sp2001 c 9 art 19 s 4; 2002 c 379 art 1 s 113; 2006 c 260 art 2 s 3; 2007 c 54 art 3 s 14; 2012 c 222 s 3; 2014 c 180 s 3,9; 1Sp2019 c 5 art 6 s 3; 2020 c 83 art 1 s 57
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.25 — Second-degree Driving While Impaired.

169A.25 SECOND-DEGREE DRIVING WHILE IMPAIRED.
Subdivision 1.
Degree described.
(a) A person who violates section 169A.20, subdivision 1 (driving while impaired crime), is guilty of second-degree driving while impaired if two or more aggravating factors were present when the violation was committed.
(b) A person who violates section 169A.20, subdivision 2 (refusal to submit to chemical test crime), is guilty of second-degree driving while impaired if one aggravating factor was present when the violation was committed.
Subd. 2.
Criminal penalty.
Second-degree driving while impaired is a gross misdemeanor. The mandatory penalties described in section 169A.275 and the long-term monitoring described in section 169A.277 may be applicable.
History:
2000 c 478 art 1 s 8; 1Sp2001 c 8 art 11 s 4; 1Sp2001 c 9 art 19 s 5; 2002 c 379 art 1 s 113; 1Sp2003 c 2 art 9 s 4; 2009 c 83 art 2 s 13; 2023 c 25 s 84
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.26 — Third-degree Driving While Impaired.

169A.26 THIRD-DEGREE DRIVING WHILE IMPAIRED.
Subdivision 1.
Degree described.
(a) A person who violates section 169A.20, subdivision 1 (driving while impaired crime), is guilty of third-degree driving while impaired if one aggravating factor was present when the violation was committed.
(b) A person who violates section 169A.20, subdivision 2 (refusal to submit to chemical test crime), is guilty of third-degree driving while impaired.
Subd. 2.
Criminal penalty.
Third-degree driving while impaired is a gross misdemeanor. The mandatory penalties described in section 169A.275 and the long-term monitoring described in section 169A.277 may be applicable.
History:
2000 c 478 art 1 s 9; 1Sp2001 c 8 art 11 s 5; 1Sp2001 c 9 art 19 s 6; 2002 c 379 art 1 s 113; 1Sp2003 c 2 art 9 s 5; 2009 c 83 art 2 s 14; 2023 c 25 s 85
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.27 — Fourth-degree Driving While Impaired.

169A.27 FOURTH-DEGREE DRIVING WHILE IMPAIRED.
Subdivision 1.
Degree described.
A person who violates section 169A.20, subdivision 1 (driving while impaired crime), is guilty of fourth-degree driving while impaired.
Subd. 2.
Criminal penalty.
Fourth-degree driving while impaired is a misdemeanor.
History:
2000 c 478 art 1 s 10; 1Sp2001 c 8 art 11 s 6; 1Sp2001 c 9 art 19 s 7; 2002 c 379 art 1 s 113; 1Sp2003 c 2 art 9 s 6; 2009 c 83 art 2 s 15; 2023 c 25 s 86
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.277 — Long-term Monitoring.

169A.277 LONG-TERM MONITORING.
Subdivision 1.
Applicability.
This section applies to a person convicted of:
(1) a violation of section 169A.20 (driving while impaired) within ten years of the first of two or more prior impaired driving convictions;
(2) a violation of section 169A.20, if the person is under the age of 19 years and has previously been convicted of violating section 169A.20 or Minnesota Statutes 1998, section 169.121 (driver under the influence of alcohol or controlled substance); or
(3) a violation of section 169A.20, while the person's driver's license or driving privileges have been canceled under section 171.04, subdivision 1, clause (10) (persons not eligible for drivers' licenses, inimical to public safety).
Subd. 2.
Monitoring required.
When the court sentences a person described in subdivision 1 to a stayed sentence and when electronic monitoring equipment is available to the court, the court shall require that the person participate in a program of electronic alcohol monitoring in addition to any other conditions of probation or jail time it imposes. The court must order the monitoring for a minimum of 30 consecutive days during each year of the person's probationary period.
Subd. 3.
Reimbursement.
The court shall require partial or total reimbursement from the person for the cost of the electronic alcohol monitoring, to the extent the person is able to pay.
History:
2000 c 478 art 1 s 12; 1Sp2001 c 8 art 12 s 1
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.283 — Stay Of Execution Of Sentence.

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
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.284 — Chemical Dependency Assessment Charge; Surcharge.

169A.284 CHEMICAL DEPENDENCY ASSESSMENT CHARGE; SURCHARGE.
Subdivision 1.
When required.
(a) When a court sentences a person convicted of an offense enumerated in section 169A.70, subdivision 2 (chemical use assessment; requirement; form), it shall order the person to pay the cost of the assessment directly to the entity conducting the assessment or providing the assessment services in an amount determined by the entity conducting or providing the service and shall impose a chemical dependency assessment charge of $25. The court may waive the $25 assessment charge, but may not waive the cost for the assessment paid directly to the entity conducting the assessment or providing assessment services. A person shall pay an additional surcharge of $5 if the person is convicted of a violation of section 169A.20 (driving while impaired) within five years of a prior impaired driving conviction or a prior conviction for an offense arising out of an arrest for a violation of section 169A.20 or Minnesota Statutes 1998, section 169.121 (driver under influence of alcohol or controlled substance) or 169.129 (aggravated DWI-related violations; penalty). This section applies when the sentence is executed, stayed, or suspended. The court may not waive payment or authorize payment of the assessment charge and surcharge in installments unless it makes written findings on the record that the convicted person is indigent or that the assessment charge and surcharge would create undue hardship for the convicted person or that person's immediate family.
(b) The chemical dependency assessment charge and surcharge required under this section are in addition to the surcharge required by section 357.021, subdivision 6 (surcharges on criminal and traffic offenders).
Subd. 2.
Distribution of money.
The court administrator shall collect and forward the chemical dependency assessment charge and the $5 surcharge, if any, to the commissioner of management and budget to be deposited in the state treasury and credited to the general fund.
History:
2000 c 478 art 1 s 15; 2009 c 83 art 2 s 17; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.285 — Penalty Assessment.

169A.285 PENALTY ASSESSMENT.
Subdivision 1.
Authority; amount.
When a court sentences a person who violates section 169A.20 (driving while impaired) while having an alcohol concentration of 0.16 or more as measured at the time, or within two hours of the time, of the violation, the court may impose a penalty assessment of up to $1,000. The court may impose this assessment in addition to any other penalties or charges authorized under law.
Subd. 2.
Assessment distribution.
Money collected under this section must be distributed as follows:
(1) if the arresting officer is an employee of a political subdivision, the assessment must be forwarded to the treasury of the political subdivision for use in enforcement, training, and education activities related to driving while impaired; or
(2) if the arresting officer is an employee of the state, the assessment must be forwarded to the state treasury and credited to the general fund.
History:
2000 c 478 art 1 s 16; 2015 c 65 art 6 s 8
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.31 — Alcohol-related School Bus Or Head Start Bus Driving.

169A.31 ALCOHOL-RELATED SCHOOL BUS OR HEAD START BUS DRIVING.
Subdivision 1.
Crime described.
It is a crime for any person to drive, operate, or be in physical control of any class of school bus or Head Start bus within this state when there is physical evidence present in the person's body of the consumption of any alcohol, cannabis flower, a cannabis product, an artificially derived cannabinoid, or tetrahydrocannabinols.
Subd. 2.
Gross misdemeanor alcohol-related school bus or Head Start bus driving.
A person who violates subdivision 1 is guilty of gross misdemeanor alcohol-related school bus or Head Start bus driving if:
(1) the violation occurs while a child under the age of 16 is in the vehicle, if the child is more than 36 months younger than the violator; or
(2) the violation occurs within ten years of a qualified prior impaired driving incident.
Subd. 3.
Misdemeanor alcohol-related school bus or Head Start bus driving.
Except as provided in subdivision 2, a person who violates subdivision 1 is guilty of misdemeanor alcohol-related school bus or Head Start bus driving.
History:
2000 c 478 art 1 s 17; 2023 c 63 art 4 s 29
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.33 — Underage Drinking And Driving.

169A.33 UNDERAGE DRINKING AND DRIVING.
Subdivision 1.
MS 2016 [Repealed, 2018 c 183 s 6]
Subd. 2.
Crime described.
It is a crime for a person under the age of 21 years to drive, operate, or be in physical control of a motor vehicle while consuming alcoholic beverages, or after having consumed alcoholic beverages while there is physical evidence of the consumption present in the person's body.
Subd. 3.
Criminal penalty.
A person who violates subdivision 2 is guilty of a misdemeanor.
Subd. 4.
Administrative penalty.
When a person is found to have committed an offense under subdivision 2, the court shall notify the commissioner of its determination. Upon receipt of the court's determination, the commissioner shall suspend the person's driver's license or operating privileges for 30 days, or for 180 days if the person has previously been found to have violated subdivision 2 or a statute or ordinance in conformity with it.
Subd. 5.
Exception.
If the person's conduct violates section 169A.20 (driving while impaired) or 169A.31 (alcohol-related school bus or Head Start bus driving), the penalties and license sanctions in those laws or section 169A.54 (impaired driving convictions and adjudications; administrative penalties) apply instead of the license sanction in subdivision 4.
Subd. 6.
Jurisdiction.
An offense under subdivision 2 may be prosecuted either in the jurisdiction where consumption occurs or the jurisdiction where evidence of consumption is observed.
History:
2000 c 478 art 1 s 18
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.37 — License Plate Impoundment Violation Crimes.

169A.37 LICENSE PLATE IMPOUNDMENT VIOLATION CRIMES.
Subdivision 1.
Crime described.
It is a crime for a person:
(1) to fail to comply with an impoundment order under section 169A.60 (administrative plate impoundment);
(2) to file a false statement under section 169A.60, subdivision 7, 8, or 14;
(3) to operate a self-propelled motor vehicle on a street or highway when the vehicle is subject to an impoundment order issued under section 169A.60, unless specially coded plates have been issued for the vehicle pursuant to section 169A.60, subdivision 13;
(4) to fail to notify the commissioner of the impoundment order when requesting new plates;
(5) who is subject to a plate impoundment order under section 169A.60, to drive, operate, or be in control of any motor vehicle during the impoundment period, unless the vehicle is employer-owned and is not required to be equipped with an ignition interlock device pursuant to section 171.306, subdivision 4, paragraph (b), or Laws 2013, chapter 127, section 70, or has specially coded plates issued pursuant to section 169A.60, subdivision 13, and the person is validly licensed to drive; or
(6) who is the transferee of a motor vehicle and who has signed a sworn statement under section 169A.60, subdivision 14, to allow the previously registered owner to drive, operate, or be in control of the vehicle during the impoundment period.
Subd. 2.
Criminal penalty.
A person who violates subdivision 1 is guilty of a misdemeanor.
History:
2000 c 478 art 1 s 20; 1Sp2001 c 8 art 12 s 5; 2013 c 117 art 3 s 7
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.40 — Arrest Powers.

169A.40 ARREST POWERS.
Subdivision 1.
Probable cause arrest.
A peace officer may lawfully arrest a person for violation of section 169A.20 (driving while impaired), 169A.31 (alcohol-related school bus or Head Start bus driving), or 169A.33 (underage drinking and driving), without a warrant upon probable cause, without regard to whether the violation was committed in the officer's presence.
Subd. 2.
Fresh pursuit.
When a peace officer has probable cause to believe that a person is driving or operating a motor vehicle in violation of section 169A.20 (driving while impaired), 169A.31 (alcohol-related school bus or Head Start bus driving), or 169A.33 (underage drinking and driving) and before a stop or arrest can be made the person escapes from the geographical limits of the officer's jurisdiction, the officer in fresh pursuit of the person may stop or arrest the person in another jurisdiction within this state and may exercise the powers and perform the duties of a peace officer under this chapter. An officer acting in fresh pursuit pursuant to this section is serving in the regular line of duty as fully as though within the officer's jurisdiction.
Subd. 3.
Certain DWI offenders; custodial arrest.
(a) Notwithstanding rule 6.01 of the Rules of Criminal Procedure, a peace officer acting without a warrant who has decided to proceed with the prosecution of a person for violating section 169A.20 (driving while impaired), shall arrest and take the person into custody if the officer has reason to believe that the violation occurred:
(1) under the circumstances described in section 169A.24 (first-degree driving while impaired);
(2) under the circumstances described in section 169A.25 (second-degree driving while impaired);
(3) under the circumstances described in section 169A.26 (third-degree driving while impaired) if the person is under the age of 19;
(4) in the presence of an aggravating factor described in section 169A.03, subdivision 3, clause (2) or (3); or
(5) while the person's driver's license or driving privileges have been canceled under section 171.04, subdivision 1, clause (10) (persons not eligible for drivers' licenses, inimical to public safety).
(b) A person described in paragraph (a), clause (1) or (5), must be detained until the person's first court appearance.
Subd. 4.
Other arrest powers not limited.
The express grant of arrest powers in this section does not limit the arrest powers of peace officers pursuant to sections 626.65 to 626.70 (uniform law on fresh pursuit) or section 629.40 (allowing arrests anywhere in state) in cases of arrests for violation of section 169A.20 (driving while impaired), 169A.31 (alcohol-related school bus or Head Start bus driving), 169A.33 (underage drinking and driving), or any other provision of law.
History:
2000 c 478 art 1 s 21; 1Sp2001 c 8 art 11 s 10; 1Sp2001 c 9 art 19 s 11; 2002 c 379 art 1 s 113; 1Sp2003 c 2 art 9 s 10; 2023 c 52 art 5 s 3
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.41 — Preliminary Screening Test.

169A.41 PRELIMINARY SCREENING TEST.
Subdivision 1.
When authorized.
When a peace officer has reason to believe from the manner in which a person is driving, operating, controlling, or acting upon departure from a motor vehicle, or has driven, operated, or controlled a motor vehicle, that the driver may be violating or has violated section 169A.20 (driving while impaired), 169A.31 (alcohol-related school bus or Head Start bus driving), or 169A.33 (underage drinking and driving), or an alcohol-related violation of section 221.0314 or 221.605 committed by a driver of a commercial vehicle, the officer may require the driver to provide a sample of the driver's breath for a preliminary screening test using a device approved by the commissioner for this purpose.
Subd. 2.
Use of test results.
The results of this preliminary screening test must be used for the purpose of deciding whether an arrest should be made and whether to require the tests authorized in section 169A.51 (chemical tests for intoxication), but must not be used in any court action except the following:
(1) to prove that a test was properly required of a person pursuant to section 169A.51, subdivision 1;
(2) in a civil action arising out of the operation or use of the motor vehicle;
(3) in an action for license reinstatement under section 171.19;
(4) in a prosecution for a violation of section 169A.20, subdivision 2 (driving while impaired; test refusal);
(5) in a prosecution or juvenile court proceeding concerning a violation of section 169A.33 (underage drinking and driving), or 340A.503, subdivision 1, paragraph (a), clause (2) (underage alcohol consumption);
(6) in a prosecution under section 169A.31 (alcohol-related school or Head Start bus driving), or 171.30 (limited license);
(7) in a prosecution for a violation of a restriction on a driver's license under section 171.09, which provides that the license holder may not use or consume any amount of alcohol or a controlled substance; or
(8) in a prosecution for a violation of Code of Federal Regulations, title 49, part 392, as adopted in sections 221.0314, subdivision 6, and 221.605.
Subd. 3.
Additional tests.
Following the screening test additional tests may be required of the driver pursuant to the provisions of section 169A.51 (chemical tests for intoxication).
Subd. 4.
[Repealed, 2006 c 260 art 2 s 20]
History:
2000 c 478 art 1 s 22; 1Sp2001 c 8 art 12 s 6; 2023 c 52 art 5 s 4,5
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.42 — Vehicle Impoundment Under Ordinance; Redemption.

169A.42 VEHICLE IMPOUNDMENT UNDER ORDINANCE; REDEMPTION.
Subdivision 1.
Definition.
As used in this section, "impoundment" means the removal of a motor vehicle to a storage facility or impound lot as authorized by a local ordinance.
Subd. 2.
Redemption; prerequisites.
If a motor vehicle is impounded by a peace officer following the arrest or taking into custody of a driver for a violation of section 169A.20 (driving while impaired), or an ordinance in conformity with it, the impounded vehicle must only be released from impoundment:
(1) to the registered owner, a person authorized by the registered owner, a lienholder of record, or a person who has purchased the vehicle from the registered owner, who provides proof of ownership of the vehicle, proof of valid Minnesota driving privileges, and proof of insurance required by law to cover the vehicle;
(2) if the vehicle is subject to a rental or lease agreement, to a renter or lessee with valid Minnesota driving privileges who provides a copy of the rental or lease agreement and proof of insurance required by law to cover the vehicle; or
(3) to an agent of a towing company authorized by a registered owner if the owner provides proof of ownership of the vehicle and proof of insurance required by law to cover the vehicle.
Subd. 3.
To whom information provided.
The proof of ownership and insurance or, if applicable, the copy of the rental or lease agreement required by subdivision 2 must be provided to the law enforcement agency impounding the vehicle or to a person or entity designated by the law enforcement agency to receive the information.
Subd. 4.
Liability for storage costs.
No law enforcement agency, local unit of government, or state agency is responsible or financially liable for any storage fees incurred due to an impoundment under this section.
History:
2000 c 478 art 1 s 23
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.43 — Prosecutorial Responsibility; Venue; Criminal History.

169A.43 PROSECUTORIAL RESPONSIBILITY; VENUE; CRIMINAL HISTORY.
Subdivision 1.
Definition.
As used in this section, "impaired driving offense" includes violations of sections 169A.20 to 169A.33.
Subd. 2.
Prosecution.
The attorney in the jurisdiction in which an impaired driving offense occurred who is responsible for prosecution of misdemeanor-level impaired driving offenses is also responsible for prosecution of gross misdemeanor-level impaired driving offenses.
Subd. 3.
Venue.
(a) A violation of section 169A.20, subdivision 2 (refusal to submit to chemical test) may be prosecuted either in the jurisdiction where the arresting officer observed the defendant driving, operating, or in control of the motor vehicle or in the jurisdiction where the refusal occurred.
(b) An underage drinking and driving offense may be prosecuted as provided in section 169A.33, subdivision 6 (underage drinking and driving).
Subd. 4.
Criminal history information.
When an attorney responsible for prosecuting impaired driving offenses requests criminal history information relating to prior impaired driving convictions from a court, the court shall furnish the information without charge.
History:
2000 c 478 art 1 s 24
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.45 — Evidence.

169A.45 EVIDENCE.
Subdivision 1.
Alcohol concentration evidence.
Upon the trial of any prosecution arising out of acts alleged to have been committed by any person arrested for violating section 169A.20 (driving while impaired) or 169A.31 (alcohol-related school bus or Head Start bus driving), the court may admit evidence of the presence or amount of alcohol in the person's blood, breath, or urine as shown by an analysis of those items. In addition, in a prosecution for a violation of section 169A.20, the court may admit evidence of the presence or amount in the person's blood, breath, or urine, as shown by an analysis of those items, of:
(1) a controlled substance or its metabolite; or
(2) an intoxicating substance.
Subd. 2.
Relevant evidence of impairment.
For the purposes of section 169A.20 (driving while impaired), evidence that there was at the time an alcohol concentration of 0.04 or more is relevant evidence in indicating whether or not the person was under the influence of alcohol.
Subd. 3.
Evidence of refusal.
Evidence of the refusal to take a test is admissible into evidence in a prosecution under section 169A.20 (driving while impaired).
Subd. 4.
Other competent evidence admissible.
The preceding provisions do not limit the introduction of any other competent evidence bearing upon the question of whether the person violated section 169A.20 (driving while impaired) or 169A.31 (alcohol-related school bus or Head Start bus driving), including tests obtained more than two hours after the alleged violation and results obtained from partial tests on an infrared or other approved breath-testing instrument. A result from a partial test is the measurement obtained by analyzing one adequate breath sample, as described in section 169A.51, subdivision 5, paragraph (b) (breath test using infrared or other approved breath-testing instrument).
History:
2000 c 478 art 1 s 26; 2003 c 96 s 2; 2006 c 260 art 2 s 5; 2018 c 195 art 3 s 5
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.46 — Affirmative Defenses.

169A.46 AFFIRMATIVE DEFENSES.
Subdivision 1.
Impairment occurred after driving ceased.
If proven by a preponderance of the evidence, it is an affirmative defense to a violation of section 169A.20, subdivision 1, clause (5) (driving while impaired, alcohol concentration within two hours of driving), or 169A.20 by a person having an alcohol concentration of 0.16 or more as measured at the time, or within two hours of the time, of the offense, that the defendant consumed a sufficient quantity of alcohol after the time of the violation and before the administration of the evidentiary test to cause the defendant's alcohol concentration to exceed the level specified in the applicable clause. Evidence that the defendant consumed alcohol after the time of the violation may not be admitted in defense to any alleged violation of section 169A.20, unless notice is given to the prosecution prior to the omnibus or pretrial hearing in the matter.
Subd. 2.
Impairment from prescription drug.
If proven by a preponderance of the evidence, it is an affirmative defense to a violation of section 169A.20, subdivision 1, clause (7) (presence of Schedule I or II controlled substance), that the defendant used the controlled substance according to the terms of a prescription issued for the defendant in accordance with sections 152.11 and 152.12.
History:
2000 c 478 art 1 s 27; 2009 c 83 art 2 s 18; 2015 c 65 art 6 s 9; 2023 c 25 s 88
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.47 — Notice Of Enhanced Penalty.

169A.47 NOTICE OF ENHANCED PENALTY.
When a court sentences a person for a violation of sections 169A.20 to 169A.31 (impaired driving offenses), it shall inform the defendant of the statutory provisions that provide for enhancement of criminal penalties for repeat violators, and the provisions that provide for administrative plate impoundment and forfeiture of motor vehicles used to commit an impaired driving offense. The notice must describe the conduct and the time periods within which the conduct must occur in order to result in increased penalties, plate impoundment, or forfeiture. The failure of a court to provide this information to a defendant does not affect the future applicability of these enhanced penalties to that defendant.
History:
2000 c 478 art 1 s 28
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.48 — Immunity From Liability.

169A.48 IMMUNITY FROM LIABILITY.
Subdivision 1.
Definition.
For purposes of this section, "political subdivision" means a county, statutory or home rule charter city, or town.
Subd. 2.
Immunity.
The state or political subdivision by which a peace officer making an arrest for violation of sections 169A.20 to 169A.33 (impaired driving offenses), is employed has immunity from any liability, civil or criminal, for the care or custody of the motor vehicle being driven by, operated by, or in the physical control of the person arrested if the peace officer acts in good faith and exercises due care.
History:
2000 c 478 art 1 s 29
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.71 — Research Programs.

169A.71 RESEARCH PROGRAMS.
No person is guilty of a violation of section 169A.20 (driving while impaired) committed while participating in a research or demonstration project conducted by the Minnesota Highway Safety Center. This section applies only to conduct occurring while operating a state-owned vehicle under the supervision of personnel of the center on the grounds of the center.
History:
2000 c 478 art 1 s 39
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.72 — Driver Education Programs.

169A.72 DRIVER EDUCATION PROGRAMS.
Driver training courses offered through the public schools and driver training courses offered by private or commercial schools or institutes shall include instruction which must encompass at least:
(1) information on the effects of consumption of beverage alcohol products and the use of illegal drugs, cannabis flower, cannabis products, lower-potency hemp edibles, hemp-derived consumer products, artificially derived cannabinoids, tetrahydrocannabinol derived from any source, prescription drugs, and nonprescription drugs on the ability of a person to operate a motor vehicle;
(2) the hazards of driving while under the influence of alcohol, a controlled substance, or an intoxicating substance; and
(3) the legal penalties and financial consequences resulting from violations of laws prohibiting the operation of a motor vehicle while under the influence of alcohol, a controlled substance, or an intoxicating substance.
History:
2000 c 478 art 1 s 40; 2023 c 63 art 4 s 33
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.73 — Remote Electronic Alcohol-monitoring Program.

169A.73 REMOTE ELECTRONIC ALCOHOL-MONITORING PROGRAM.
Subdivision 1.
Definitions.
As used in this section:
(1) "breath analyzer unit" means a device that performs breath alcohol testing and is connected to a remote electronic alcohol-monitoring system; and
(2) "remote electronic alcohol-monitoring system" means a system that electronically monitors the alcohol concentration of individuals in their homes or other locations to ensure compliance with conditions of pretrial release, supervised release, or probation.
Subd. 2.
Program established.
In cooperation with the Conference of Chief Judges, the state court administrator, and the commissioner of public safety, the commissioner of corrections shall establish a program to use breath analyzer units to monitor impaired driving offenders who are ordered to abstain from alcohol use as a condition of pretrial release, supervised release, or probation. The program must include procedures to ensure that violators of this condition of release receive swift consequences for the violation.
Subd. 3.
Cost of program.
Offenders who are ordered to participate in the program shall also be ordered to pay the per diem cost of the monitoring unless the offender is indigent. The commissioner of corrections shall reimburse the judicial districts in a manner proportional to their use of remote electronic alcohol monitoring for any costs the districts incur in participating in the program.
Subd. 4.
Report required.
By January 1, 2004, the commissioner of corrections shall evaluate the effectiveness of the program and report the results of this evaluation to the Conference of Chief Judges, the state court administrator, the commissioner of public safety, and the chairs and ranking minority members of the house of representatives and senate committees and divisions having jurisdiction over criminal justice policy and funding.
History:
2000 c 478 art 1 s 41
2023 Minnesota Statutes › Chapters 160 - 174A — Transportation › Chapter 169A — Driving While Impaired › Section 169A.74 — Pilot Programs Of Intensive Probation.

169A.74 PILOT PROGRAMS OF INTENSIVE PROBATION.
Subdivision 1.
Grant application.
The commissioners of corrections and public safety, in cooperation with the commissioner of human services, shall jointly administer a program to provide grants to counties to establish and operate programs of intensive probation for repeat violators of the driving while impaired laws. The commissioners shall adopt an application form on which a county or a group of counties may apply for a grant to establish and operate an impaired driving repeat offender program.
Subd. 2.
Goals.
The goals of the impaired driving repeat offender program are to protect public safety and provide an appropriate sentencing alternative for persons convicted of repeat violations of section 169A.20 (driving while impaired), who are considered to be of high risk to the community.
Subd. 3.
Program elements.
To be considered for a grant under this section, a county program must contain the following elements:
(1) an initial assessment of the offender's chemical dependency, based on the results of a chemical use assessment conducted under section 169A.70, with recommended treatment and aftercare, and a requirement that the offender follow the recommended treatment and aftercare;
(2) several stages of probation supervision, including:
(i) a period of incarceration in a local or regional detention facility;
(ii) a period during which an offender is, at all times, either working, on home detention, being supervised at a program facility, or traveling between two of these locations;
(iii) a period of home detention; and
(iv) a period of gradually decreasing involvement with the program;
(3) decreasing levels of intensity and contact with probation officials based on the offender's successful participation in the program and compliance with its rules;
(4) a provision for increasing the severity of the program's requirements when an offender offends again or violates the program's rules;
(5) a provision for offenders to continue or seek employment during their period of intensive probation;
(6) a requirement that offenders abstain from alcohol and controlled substances during the probation period and be tested for such use on a routine basis; and
(7) a requirement that all or a substantial part of the costs of the program be paid by the offenders.
Subd. 4.
Training.
Counties participating in the program shall provide relevant training in intensive probation programs to affected officials.
History:
2000 c 478 art 1 s 42