Bill Text: MN SF2880 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Driving while impaired (DWI), implied consent and administrative plate impoundment to include an impaired person supervising a permit holder
Sponsorship: Partisan Bill (Republican 4)
Status: (Introduced - Dead) 2014-03-21 - Referred to Judiciary [SF2880 Detail]
Download: Minnesota-2013-SF2880-Introduced.html
1.2relating to public safety; amending the crime of driving while impaired, implied
1.3consent, and administrative plate impoundment to include an impaired person
1.4supervising a permit holder;amending Minnesota Statutes 2012, sections
1.5169A.03, by adding a subdivision; 169A.20, subdivision 1; 169A.43, subdivision
1.63; 169A.51, subdivision 1; 169A.52, subdivisions 3, 4; 169A.53, subdivision 3;
1.7169A.60, subdivision 1; 171.05, subdivision 1.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 169A.03, is amended by adding a
1.10subdivision to read:
1.11 Subd. 18a. Permit holder. "Permit holder" means a person who has applied for
1.12and received an instruction permit under section 171.05.
1.13EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
1.14committed on or after that date.
1.15 Sec. 2. Minnesota Statutes 2012, section 169A.20, subdivision 1, is amended to read:
1.16 Subdivision 1. Driving while impaired crime; motor vehicle. It is a crime for
1.17any person to drive, operate,or be in physical control of, or supervise a permit holder
1.18operating any motor vehicle, as defined in section169A.03, subdivision 15 , except for
1.19motorboats in operation and off-road recreational vehicles, within this state or on any
1.20boundary water of this state when:
1.21(1) the person is under the influence of alcohol;
1.22(2) the person is under the influence of a controlled substance;
2.1(3) the person is knowingly under the influence of a hazardous substance that affects
2.2the nervous system, brain, or muscles of the person so as to substantially impair the
2.3person's ability to driveor, operate, or supervise operation of the motor vehicle;
2.4(4) the person is under the influence of a combination of any two or more of the
2.5elements named in clauses (1) to (3);
2.6(5) the person's alcohol concentration at the time, or as measured within two hours
2.7of the time, of driving, operating,or being in physical control of, or supervising a permit
2.8holder operating the motor vehicle is 0.08 or more;
2.9(6) the vehicle is a commercial motor vehicle and the person's alcohol concentration
2.10at the time, or as measured within two hours of the time, of driving, operating, or being in
2.11physical control of the commercial motor vehicle is 0.04 or more; or
2.12(7) the person's body contains any amount of a controlled substance listed in
2.13Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
2.14EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
2.15committed on or after that date.
2.16 Sec. 3. Minnesota Statutes 2012, section 169A.43, subdivision 3, is amended to read:
2.17 Subd. 3. Venue. (a) A violation of section169A.20, subdivision 2 (refusal to submit
2.18to chemical test) may be prosecuted either in the jurisdiction where the arresting officer
2.19observed the defendant driving, operating,or in control of, or supervising a permit holder
2.20operating the motor vehicle or in the jurisdiction where the refusal occurred.
2.21(b) An underage drinking and driving offense may be prosecuted as provided in
2.22section169A.33, subdivision 6 (underage drinking and driving).
2.23EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
2.24committed on or after that date.
2.25 Sec. 4. Minnesota Statutes 2012, section 169A.51, subdivision 1, is amended to read:
2.26 Subdivision 1. Implied consent; conditions; election of test. (a) Any person who
2.27drives, operates,or is in physical control of, or supervises a permit holder operating a
2.28motor vehicle within this state or on any boundary water of this state consents, subject to
2.29the provisions of sections169A.50 to
169A.53 (implied consent law), and section
169A.20
2.30(driving while impaired), to a chemical test of that person's blood, breath, or urine for the
2.31purpose of determining the presence of alcohol, a controlled substance or its metabolite, or
2.32a hazardous substance. The test must be administered at the direction of a peace officer.
3.1(b) The test may be required of a person when an officer has probable cause to
3.2believe the person was driving, operating,or in physical control of, or supervising a permit
3.3holder operating a motor vehicle in violation of section169A.20 (driving while impaired),
3.4and one of the following conditions exist:
3.5(1) the person has been lawfully placed under arrest for violation of section169A.20
3.6or an ordinance in conformity with it;
3.7(2) the person has been involved in a motor vehicle accident or collision resulting in
3.8property damage, personal injury, or death;
3.9(3) the person has refused to take the screening test provided for by section169A.41
3.10(preliminary screening test); or
3.11(4) the screening test was administered and indicated an alcohol concentration of
3.120.08 or more.
3.13(c) The test may also be required of a person when an officer has probable cause to
3.14believe the person was driving, operating, or in physical control of a commercial motor
3.15vehicle with the presence of any alcohol.
3.16EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
3.17committed on or after that date.
3.18 Sec. 5. Minnesota Statutes 2012, section 169A.52, subdivision 3, is amended to read:
3.19 Subd. 3. Test refusal; license revocation. (a) Upon certification by the peace
3.20officer that there existed probable cause to believe the person had been driving, operating,
3.21or in physical control of, or supervising a permit holder operating a motor vehicle in
3.22violation of section169A.20 (driving while impaired), and that the person refused to
3.23submit to a test, the commissioner shall revoke the person's license or permit to drive,
3.24or nonresident operating privilege, even if a test was obtained pursuant to this section
3.25after the person refused to submit to testing. The commissioner shall revoke the license,
3.26permit, or nonresident operating privilege:
3.27(1) for a person with no qualified prior impaired driving incidents within the past ten
3.28years, for a period of not less than one year;
3.29(2) for a person under the age of 21 years and with no qualified prior impaired
3.30driving incidents within the past ten years, for a period of not less than one year;
3.31(3) for a person with one qualified prior impaired driving incident within the past
3.32ten years, or two qualified prior impaired driving incidents, for a period of not less than
3.33two years;
4.1(4) for a person with two qualified prior impaired driving incidents within the past
4.2ten years, or three qualified prior impaired driving incidents, for a period of not less
4.3than three years;
4.4(5) for a person with three qualified prior impaired driving incidents within the past
4.5ten years, for a period of not less than four years; or
4.6(6) for a person with four or more qualified prior impaired driving incidents, for a
4.7period of not less than six years.
4.8(b) Upon certification by the peace officer that there existed probable cause to
4.9believe the person had been driving, operating, or in physical control of a commercial
4.10motor vehicle with the presence of any alcohol in violation of section169A.20 (driving
4.11while impaired), and that the person refused to submit to a test, the commissioner shall
4.12disqualify the person from operating a commercial motor vehicle and shall revoke the
4.13person's license or permit to drive or nonresident operating privilege according to the
4.14federal regulations adopted by reference in section171.165, subdivision 2 .
4.15EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
4.16offenses committed on or after that date.
4.17 Sec. 6. Minnesota Statutes 2012, section 169A.52, subdivision 4, is amended to read:
4.18 Subd. 4. Test failure; license revocation. (a) Upon certification by the peace officer
4.19that there existed probable cause to believe the person had been driving, operating,or in
4.20physical control of, or supervising a permit holder operating a motor vehicle in violation
4.21of section169A.20 (driving while impaired) and that the person submitted to a test and
4.22the test results indicate an alcohol concentration of 0.08 or more or the presence of a
4.23controlled substance listed in Schedule I or II or its metabolite, other than marijuana or
4.24tetrahydrocannabinols, then the commissioner shall revoke the person's license or permit
4.25to drive, or nonresident operating privilege:
4.26(1) for a period of 90 days, or, if the test results indicate an alcohol concentration of
4.27twice the legal limit or more, not less than one year;
4.28(2) if the person is under the age of 21 years, for a period of not less than 180 days
4.29or, if the test results indicate an alcohol concentration of twice the legal limit or more, not
4.30less than one year;
4.31(3) for a person with one qualified prior impaired driving incident within the past
4.32ten years, or two qualified prior impaired driving incidents, for a period of not less than
4.33one year, or if the test results indicate an alcohol concentration of twice the legal limit
4.34or more, not less than two years;
5.1(4) for a person with two qualified prior impaired driving incidents within the past
5.2ten years, or three qualified prior impaired driving incidents, for a period of not less
5.3than three years;
5.4(5) for a person with three qualified prior impaired driving incidents within the past
5.5ten years, for a period of not less than four years; or
5.6(6) for a person with four or more qualified prior impaired driving incidents, for a
5.7period of not less than six years.
5.8(b) On certification by the peace officer that there existed probable cause to believe
5.9the person had been driving, operating, or in physical control of a commercial motor
5.10vehicle with any presence of alcohol and that the person submitted to a test and the
5.11test results indicated an alcohol concentration of 0.04 or more, the commissioner shall
5.12disqualify the person from operating a commercial motor vehicle under section171.165
5.13(commercial driver's license disqualification).
5.14(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau
5.15of Criminal Apprehension, or authorized by the bureau to conduct the analysis of a blood
5.16or urine sample, the laboratory may directly certify to the commissioner the test results,
5.17and the peace officer shall certify to the commissioner that there existed probable cause to
5.18believe the person had been driving, operating,or in physical control of, or supervising a
5.19permit holder operating a motor vehicle in violation of section169A.20 and that the
5.20person submitted to a test. Upon receipt of both certifications, the commissioner shall
5.21undertake the license actions described in paragraphs (a) and (b).
5.22EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
5.23offenses committed on or after that date.
5.24 Sec. 7. Minnesota Statutes 2012, section 169A.53, subdivision 3, is amended to read:
5.25 Subd. 3. Judicial hearing; issues, order, appeal. (a) A judicial review hearing
5.26under this section must be before a district judge in any county in the judicial district
5.27where the alleged offense occurred. The hearing is to the court and may be conducted at
5.28the same time and in the same manner as hearings upon pretrial motions in the criminal
5.29prosecution under section169A.20 (driving while impaired), if any. The hearing must be
5.30recorded. The commissioner shall appear and be represented by the attorney general or
5.31through the prosecuting authority for the jurisdiction involved. The hearing must be held
5.32at the earliest practicable date, and in any event no later than 60 days following the filing
5.33of the petition for review. The judicial district administrator shall establish procedures to
5.34ensure efficient compliance with this subdivision. To accomplish this, the administrator
6.1may, whenever possible, consolidate and transfer review hearings among the locations
6.2within the judicial district where terms of district court are held.
6.3(b) The scope of the hearing is limited to the issues in clauses (1) to (10):
6.4(1) Did the peace officer have probable cause to believe the person was driving,
6.5operating,or in physical control of, or supervising a permit holder operating a motor
6.6vehicle, or driving, operating, or in physical control of a commercial motor vehicle, in
6.7violation of section169A.20 (driving while impaired)?
6.8(2) Was the person lawfully placed under arrest for violation of section169A.20 ?
6.9(3) Was the person involved in a motor vehicle accident or collision resulting in
6.10property damage, personal injury, or death?
6.11(4) Did the person refuse to take a screening test provided for by section169A.41
6.12(preliminary screening test)?
6.13(5) If the screening test was administered, did the test indicate an alcohol
6.14concentration of 0.08 or more?
6.15(6) At the time of the request for the test, did the peace officer inform the person
6.16of the person's rights and the consequences of taking or refusing the test as required by
6.17section169A.51, subdivision 2 ?
6.18(7) Did the person refuse to permit the test?
6.19(8) If a test was taken by a person driving, operating,or in physical control of, or
6.20supervising a permit holder operating a motor vehicle, did the test results indicate at
6.21the time of testing:
6.22(i) an alcohol concentration of 0.08 or more; or
6.23(ii) the presence of a controlled substance listed in Schedule I or II or its metabolite,
6.24other than marijuana or tetrahydrocannabinols?
6.25(9) If a test was taken by a person driving, operating, or in physical control of a
6.26commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or
6.27more at the time of testing?
6.28(10) Was the testing method used valid and reliable and were the test results
6.29accurately evaluated?
6.30(c) It is an affirmative defense for the petitioner to prove that, at the time of the
6.31refusal, the petitioner's refusal to permit the test was based upon reasonable grounds.
6.32(d) Certified or otherwise authenticated copies of laboratory or medical personnel
6.33reports, records, documents, licenses, and certificates are admissible as substantive
6.34evidence.
6.35(e) The court shall order that the revocation or disqualification be either rescinded or
6.36sustained and forward the order to the commissioner. The court shall file its order within 14
7.1days following the hearing. If the revocation or disqualification is sustained, the court shall
7.2also forward the person's driver's license or permit to the commissioner for further action by
7.3the commissioner if the license or permit is not already in the commissioner's possession.
7.4(f) Any party aggrieved by the decision of the reviewing court may appeal the
7.5decision as provided in the Rules of Appellate Procedure.
7.6(g) The civil hearing under this section shall not give rise to an estoppel on any
7.7issues arising from the same set of circumstances in any criminal prosecution.
7.8EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
7.9offenses committed on or after that date.
7.10 Sec. 8. Minnesota Statutes 2012, section 169A.60, subdivision 1, is amended to read:
7.11 Subdivision 1. Definitions. (a) As used in this section, the following terms have the
7.12meanings given in this subdivision.
7.13(b) "Family or household member" has the meaning given in section169A.63,
7.14subdivision 1 .
7.15(c) "Motor vehicle" means a self-propelled motor vehicle other than a motorboat in
7.16operation or an off-road recreational vehicle.
7.17(d) "Plate impoundment violation" includes:
7.18(1) a violation of section169A.20 (driving while impaired) or
169A.52 (license
7.19revocation for test failure or refusal), or an ordinance from this state or a statute or
7.20ordinance from another state in conformity with either of those sections, that results in
7.21the revocation of a person's driver's license or driving privileges, within ten years of a
7.22qualified prior impaired driving incident;
7.23(2) a license disqualification under section171.165 (commercial driver's license
7.24disqualification) resulting from a violation of section169A.52 within ten years of a
7.25qualified prior impaired driving incident;
7.26(3) a violation of section169A.20 or
169A.52 while having an alcohol concentration
7.27of twice the legal limit or more as measured at the time, or within two hours of the time,
7.28of the offense;
7.29(4) a violation of section169A.20 or
169A.52 while having a child under the age of
7.3016 in the vehicle if the child is more than 36 months younger than the offender; or
7.31(5) a violation of section171.24 (driving without valid license) by a person whose
7.32driver's license or driving privileges have been canceled or denied under section171.04,
7.33subdivision 1 , clause (10) (persons not eligible for driver's license, inimical to public
7.34safety).
8.1(e) "Violator" means a person who was driving, operating,or in physical control of,
8.2or supervising a permit holder operating the motor vehicle when the plate impoundment
8.3violation occurred.
8.4EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
8.5offenses committed on or after that date.
8.6 Sec. 9. Minnesota Statutes 2012, section 171.05, subdivision 1, is amended to read:
8.7 Subdivision 1. Person 18 or more years of age. (a) Any person who is 18 or more
8.8years of age and who, except for a lack of instruction in operating a motor vehicle, would
8.9otherwise be qualified to obtain a class D driver's license under this chapter, may apply for
8.10an instruction permit and the department shall issue the permit. The instruction permit
8.11entitles the applicant to drive a motor vehicle for which a class D license is valid upon the
8.12highways for a period of two years if the permit holder:
8.13(1) has the permit in immediate possession; and
8.14(2) is driving the vehicle whileaccompanied supervised by an adult licensed driver
8.15who is actually occupying a seat beside the driver.
8.16(b) Any license of a lower class may be used as an instruction permit to operate a
8.17vehicle requiring a higher class license for a period of six months after passage of the
8.18written test or tests required for the higher class and when the licensee is accompanied by
8.19and receiving instruction from a holder of the appropriate higher class license. A copy of
8.20the record of examination taken for the higher class license must be carried by the driver
8.21while using the lower class license as an instruction permit.
8.22EFFECTIVE DATE.This section is effective August 1, 2014.
1.3consent, and administrative plate impoundment to include an impaired person
1.4supervising a permit holder;amending Minnesota Statutes 2012, sections
1.5169A.03, by adding a subdivision; 169A.20, subdivision 1; 169A.43, subdivision
1.63; 169A.51, subdivision 1; 169A.52, subdivisions 3, 4; 169A.53, subdivision 3;
1.7169A.60, subdivision 1; 171.05, subdivision 1.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 169A.03, is amended by adding a
1.10subdivision to read:
1.11 Subd. 18a. Permit holder. "Permit holder" means a person who has applied for
1.12and received an instruction permit under section 171.05.
1.13EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
1.14committed on or after that date.
1.15 Sec. 2. Minnesota Statutes 2012, section 169A.20, subdivision 1, is amended to read:
1.16 Subdivision 1. Driving while impaired crime; motor vehicle. It is a crime for
1.17any person to drive, operate,
1.18operating any motor vehicle, as defined in section
1.19motorboats in operation and off-road recreational vehicles, within this state or on any
1.20boundary water of this state when:
1.21(1) the person is under the influence of alcohol;
1.22(2) the person is under the influence of a controlled substance;
2.1(3) the person is knowingly under the influence of a hazardous substance that affects
2.2the nervous system, brain, or muscles of the person so as to substantially impair the
2.3person's ability to drive
2.4(4) the person is under the influence of a combination of any two or more of the
2.5elements named in clauses (1) to (3);
2.6(5) the person's alcohol concentration at the time, or as measured within two hours
2.7of the time, of driving, operating,
2.8holder operating the motor vehicle is 0.08 or more;
2.9(6) the vehicle is a commercial motor vehicle and the person's alcohol concentration
2.10at the time, or as measured within two hours of the time, of driving, operating, or being in
2.11physical control of the commercial motor vehicle is 0.04 or more; or
2.12(7) the person's body contains any amount of a controlled substance listed in
2.13Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
2.14EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
2.15committed on or after that date.
2.16 Sec. 3. Minnesota Statutes 2012, section 169A.43, subdivision 3, is amended to read:
2.17 Subd. 3. Venue. (a) A violation of section
2.18to chemical test) may be prosecuted either in the jurisdiction where the arresting officer
2.19observed the defendant driving, operating,
2.20operating the motor vehicle or in the jurisdiction where the refusal occurred.
2.21(b) An underage drinking and driving offense may be prosecuted as provided in
2.22section
2.23EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
2.24committed on or after that date.
2.25 Sec. 4. Minnesota Statutes 2012, section 169A.51, subdivision 1, is amended to read:
2.26 Subdivision 1. Implied consent; conditions; election of test. (a) Any person who
2.27drives, operates,
2.28motor vehicle within this state or on any boundary water of this state consents, subject to
2.29the provisions of sections
2.30(driving while impaired), to a chemical test of that person's blood, breath, or urine for the
2.31purpose of determining the presence of alcohol, a controlled substance or its metabolite, or
2.32a hazardous substance. The test must be administered at the direction of a peace officer.
3.1(b) The test may be required of a person when an officer has probable cause to
3.2believe the person was driving, operating,
3.3holder operating a motor vehicle in violation of section
3.4and one of the following conditions exist:
3.5(1) the person has been lawfully placed under arrest for violation of section
3.6or an ordinance in conformity with it;
3.7(2) the person has been involved in a motor vehicle accident or collision resulting in
3.8property damage, personal injury, or death;
3.9(3) the person has refused to take the screening test provided for by section
3.10(preliminary screening test); or
3.11(4) the screening test was administered and indicated an alcohol concentration of
3.120.08 or more.
3.13(c) The test may also be required of a person when an officer has probable cause to
3.14believe the person was driving, operating, or in physical control of a commercial motor
3.15vehicle with the presence of any alcohol.
3.16EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
3.17committed on or after that date.
3.18 Sec. 5. Minnesota Statutes 2012, section 169A.52, subdivision 3, is amended to read:
3.19 Subd. 3. Test refusal; license revocation. (a) Upon certification by the peace
3.20officer that there existed probable cause to believe the person had been driving, operating,
3.21
3.22violation of section
3.23submit to a test, the commissioner shall revoke the person's license or permit to drive,
3.24or nonresident operating privilege, even if a test was obtained pursuant to this section
3.25after the person refused to submit to testing. The commissioner shall revoke the license,
3.26permit, or nonresident operating privilege:
3.27(1) for a person with no qualified prior impaired driving incidents within the past ten
3.28years, for a period of not less than one year;
3.29(2) for a person under the age of 21 years and with no qualified prior impaired
3.30driving incidents within the past ten years, for a period of not less than one year;
3.31(3) for a person with one qualified prior impaired driving incident within the past
3.32ten years, or two qualified prior impaired driving incidents, for a period of not less than
3.33two years;
4.1(4) for a person with two qualified prior impaired driving incidents within the past
4.2ten years, or three qualified prior impaired driving incidents, for a period of not less
4.3than three years;
4.4(5) for a person with three qualified prior impaired driving incidents within the past
4.5ten years, for a period of not less than four years; or
4.6(6) for a person with four or more qualified prior impaired driving incidents, for a
4.7period of not less than six years.
4.8(b) Upon certification by the peace officer that there existed probable cause to
4.9believe the person had been driving, operating, or in physical control of a commercial
4.10motor vehicle with the presence of any alcohol in violation of section
4.11while impaired), and that the person refused to submit to a test, the commissioner shall
4.12disqualify the person from operating a commercial motor vehicle and shall revoke the
4.13person's license or permit to drive or nonresident operating privilege according to the
4.14federal regulations adopted by reference in section
4.15EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
4.16offenses committed on or after that date.
4.17 Sec. 6. Minnesota Statutes 2012, section 169A.52, subdivision 4, is amended to read:
4.18 Subd. 4. Test failure; license revocation. (a) Upon certification by the peace officer
4.19that there existed probable cause to believe the person had been driving, operating,
4.20physical control of, or supervising a permit holder operating a motor vehicle in violation
4.21of section
4.22the test results indicate an alcohol concentration of 0.08 or more or the presence of a
4.23controlled substance listed in Schedule I or II or its metabolite, other than marijuana or
4.24tetrahydrocannabinols, then the commissioner shall revoke the person's license or permit
4.25to drive, or nonresident operating privilege:
4.26(1) for a period of 90 days, or, if the test results indicate an alcohol concentration of
4.27twice the legal limit or more, not less than one year;
4.28(2) if the person is under the age of 21 years, for a period of not less than 180 days
4.29or, if the test results indicate an alcohol concentration of twice the legal limit or more, not
4.30less than one year;
4.31(3) for a person with one qualified prior impaired driving incident within the past
4.32ten years, or two qualified prior impaired driving incidents, for a period of not less than
4.33one year, or if the test results indicate an alcohol concentration of twice the legal limit
4.34or more, not less than two years;
5.1(4) for a person with two qualified prior impaired driving incidents within the past
5.2ten years, or three qualified prior impaired driving incidents, for a period of not less
5.3than three years;
5.4(5) for a person with three qualified prior impaired driving incidents within the past
5.5ten years, for a period of not less than four years; or
5.6(6) for a person with four or more qualified prior impaired driving incidents, for a
5.7period of not less than six years.
5.8(b) On certification by the peace officer that there existed probable cause to believe
5.9the person had been driving, operating, or in physical control of a commercial motor
5.10vehicle with any presence of alcohol and that the person submitted to a test and the
5.11test results indicated an alcohol concentration of 0.04 or more, the commissioner shall
5.12disqualify the person from operating a commercial motor vehicle under section
5.14(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau
5.15of Criminal Apprehension, or authorized by the bureau to conduct the analysis of a blood
5.16or urine sample, the laboratory may directly certify to the commissioner the test results,
5.17and the peace officer shall certify to the commissioner that there existed probable cause to
5.18believe the person had been driving, operating,
5.19permit holder operating a motor vehicle in violation of section
5.20person submitted to a test. Upon receipt of both certifications, the commissioner shall
5.21undertake the license actions described in paragraphs (a) and (b).
5.22EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
5.23offenses committed on or after that date.
5.24 Sec. 7. Minnesota Statutes 2012, section 169A.53, subdivision 3, is amended to read:
5.25 Subd. 3. Judicial hearing; issues, order, appeal. (a) A judicial review hearing
5.26under this section must be before a district judge in any county in the judicial district
5.27where the alleged offense occurred. The hearing is to the court and may be conducted at
5.28the same time and in the same manner as hearings upon pretrial motions in the criminal
5.29prosecution under section
5.30recorded. The commissioner shall appear and be represented by the attorney general or
5.31through the prosecuting authority for the jurisdiction involved. The hearing must be held
5.32at the earliest practicable date, and in any event no later than 60 days following the filing
5.33of the petition for review. The judicial district administrator shall establish procedures to
5.34ensure efficient compliance with this subdivision. To accomplish this, the administrator
6.1may, whenever possible, consolidate and transfer review hearings among the locations
6.2within the judicial district where terms of district court are held.
6.3(b) The scope of the hearing is limited to the issues in clauses (1) to (10):
6.4(1) Did the peace officer have probable cause to believe the person was driving,
6.5operating,
6.6vehicle, or driving, operating, or in physical control of a commercial motor vehicle, in
6.7violation of section
6.8(2) Was the person lawfully placed under arrest for violation of section
6.9(3) Was the person involved in a motor vehicle accident or collision resulting in
6.10property damage, personal injury, or death?
6.11(4) Did the person refuse to take a screening test provided for by section
6.12(preliminary screening test)?
6.13(5) If the screening test was administered, did the test indicate an alcohol
6.14concentration of 0.08 or more?
6.15(6) At the time of the request for the test, did the peace officer inform the person
6.16of the person's rights and the consequences of taking or refusing the test as required by
6.17section
6.18(7) Did the person refuse to permit the test?
6.19(8) If a test was taken by a person driving, operating,
6.20supervising a permit holder operating a motor vehicle, did the test results indicate at
6.21the time of testing:
6.22(i) an alcohol concentration of 0.08 or more; or
6.23(ii) the presence of a controlled substance listed in Schedule I or II or its metabolite,
6.24other than marijuana or tetrahydrocannabinols?
6.25(9) If a test was taken by a person driving, operating, or in physical control of a
6.26commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or
6.27more at the time of testing?
6.28(10) Was the testing method used valid and reliable and were the test results
6.29accurately evaluated?
6.30(c) It is an affirmative defense for the petitioner to prove that, at the time of the
6.31refusal, the petitioner's refusal to permit the test was based upon reasonable grounds.
6.32(d) Certified or otherwise authenticated copies of laboratory or medical personnel
6.33reports, records, documents, licenses, and certificates are admissible as substantive
6.34evidence.
6.35(e) The court shall order that the revocation or disqualification be either rescinded or
6.36sustained and forward the order to the commissioner. The court shall file its order within 14
7.1days following the hearing. If the revocation or disqualification is sustained, the court shall
7.2also forward the person's driver's license or permit to the commissioner for further action by
7.3the commissioner if the license or permit is not already in the commissioner's possession.
7.4(f) Any party aggrieved by the decision of the reviewing court may appeal the
7.5decision as provided in the Rules of Appellate Procedure.
7.6(g) The civil hearing under this section shall not give rise to an estoppel on any
7.7issues arising from the same set of circumstances in any criminal prosecution.
7.8EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
7.9offenses committed on or after that date.
7.10 Sec. 8. Minnesota Statutes 2012, section 169A.60, subdivision 1, is amended to read:
7.11 Subdivision 1. Definitions. (a) As used in this section, the following terms have the
7.12meanings given in this subdivision.
7.13(b) "Family or household member" has the meaning given in section
7.14subdivision 1
7.15(c) "Motor vehicle" means a self-propelled motor vehicle other than a motorboat in
7.16operation or an off-road recreational vehicle.
7.17(d) "Plate impoundment violation" includes:
7.18(1) a violation of section
7.19revocation for test failure or refusal), or an ordinance from this state or a statute or
7.20ordinance from another state in conformity with either of those sections, that results in
7.21the revocation of a person's driver's license or driving privileges, within ten years of a
7.22qualified prior impaired driving incident;
7.23(2) a license disqualification under section
7.24disqualification) resulting from a violation of section
7.25qualified prior impaired driving incident;
7.26(3) a violation of section
7.27of twice the legal limit or more as measured at the time, or within two hours of the time,
7.28of the offense;
7.29(4) a violation of section
7.3016 in the vehicle if the child is more than 36 months younger than the offender; or
7.31(5) a violation of section
7.32driver's license or driving privileges have been canceled or denied under section
7.33subdivision 1
7.34safety).
8.1(e) "Violator" means a person who was driving, operating,
8.2or supervising a permit holder operating the motor vehicle when the plate impoundment
8.3violation occurred.
8.4EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
8.5offenses committed on or after that date.
8.6 Sec. 9. Minnesota Statutes 2012, section 171.05, subdivision 1, is amended to read:
8.7 Subdivision 1. Person 18 or more years of age. (a) Any person who is 18 or more
8.8years of age and who, except for a lack of instruction in operating a motor vehicle, would
8.9otherwise be qualified to obtain a class D driver's license under this chapter, may apply for
8.10an instruction permit and the department shall issue the permit. The instruction permit
8.11entitles the applicant to drive a motor vehicle for which a class D license is valid upon the
8.12highways for a period of two years if the permit holder:
8.13(1) has the permit in immediate possession; and
8.14(2) is driving the vehicle while
8.15who is actually occupying a seat beside the driver.
8.16(b) Any license of a lower class may be used as an instruction permit to operate a
8.17vehicle requiring a higher class license for a period of six months after passage of the
8.18written test or tests required for the higher class and when the licensee is accompanied by
8.19and receiving instruction from a holder of the appropriate higher class license. A copy of
8.20the record of examination taken for the higher class license must be carried by the driver
8.21while using the lower class license as an instruction permit.
8.22EFFECTIVE DATE.This section is effective August 1, 2014.
