HF 2779

  1.1                          A bill for an act 
  1.2             relating to crimes; driving while intoxicated; 
  1.3             extending the qualifying conditions of impairment for 
  1.4             driving, snowmobiling, motorboating, hunting, and 
  1.5             flying while intoxicated to include being under the 
  1.6             influence of drugs, impairing substances, or hazardous 
  1.7             substances; lowering relevant evidence standard for 
  1.8             indicating influence of alcohol; providing a longer 
  1.9             waiting period before the issuance of a limited 
  1.10            license following DWI and certain other offenses if 
  1.11            the driver is under the age of 18 years; providing 
  1.12            gross misdemeanor penalty for criminal vehicular 
  1.13            operation resulting in bodily harm; clarifying the 
  1.14            application of consecutive sentencing provisions to 
  1.15            impaired driving and driver's license offenses arising 
  1.16            out of a single course of conduct; adding 
  1.17            cross-references; expanding the prohibitions of the 
  1.18            driving while intoxicated and criminal vehicular 
  1.19            operation laws to include persons who operate a motor 
  1.20            vehicle with the presence of any amount of a 
  1.21            controlled substance in their bodies and to include 
  1.22            persons who flee the scene of an accident resulting in 
  1.23            death or harm; providing a defense for controlled 
  1.24            substance use that complies with a lawfully issued 
  1.25            prescription; requiring the POST board to develop a 
  1.26            plan to train peace officers in drug recognition 
  1.27            techniques; making clarifying technical changes; 
  1.28            prescribing penalties; amending Minnesota Statutes 
  1.29            1994, sections 84.81, subdivision 1, and by adding 
  1.30            subdivisions; 84.91, subdivisions 1, 3, and 4; 84.911, 
  1.31            subdivisions 1, 2, 3, and 4; 86B.005, by adding 
  1.32            subdivisions; 86B.331, subdivisions 1, 3, and 4; 
  1.33            86B.335, subdivisions 1, 2, 6, 7, and 10; 97A.015, by 
  1.34            adding subdivisions; 97B.065, subdivisions 1, 3, and 
  1.35            4; 97B.066, subdivisions 1, 2, 3, and 4; 169.01, by 
  1.36            adding subdivisions; 169.09, subdivision 14; 169.121, 
  1.37            subdivisions 1, 1c, 2, 3, 4, 6, 10a, and by adding a 
  1.38            subdivision; 169.123, subdivisions 2, 2a, 3, 4, and 6; 
  1.39            169.129; 169.791, by adding a subdivision; 169.797, 
  1.40            subdivision 4; 171.30, subdivision 2a, and by adding a 
  1.41            subdivision; 360.0752, subdivisions 1, 2, 5, and 7; 
  1.42            360.0753, subdivisions 2, 3, and 6; 609.21; and 
  1.43            629.471, subdivision 2; Minnesota Statutes 1995 
  1.44            Supplement, sections 84.911, subdivision 7; 86B.335, 
  1.45            subdivision 13; 171.18, subdivision 1; and 340A.503, 
  1.46            subdivision 1; proposing coding for new law in 
  2.1             Minnesota Statutes, chapters 169; and 171. 
  2.2   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.3      Section 1.  Minnesota Statutes 1994, section 84.81, 
  2.4   subdivision 1, is amended to read: 
  2.5      Subdivision 1.  For the purposes of Laws 1967, chapter 876 
  2.6   sections 84.81 to 84.912, the terms defined herein shall have 
  2.7   the meaning ascribed to them. 
  2.8      Sec. 2.  Minnesota Statutes 1994, section 84.81, is amended 
  2.9   by adding a subdivision to read: 
  2.10     Subd.  13.  [ALL-TERRAIN VEHICLE.] "All-terrain vehicle" 
  2.11  has the meaning given in section 84.92. 
  2.12     Sec. 3.  Minnesota Statutes 1994, section 84.81, is amended 
  2.13  by adding a subdivision to read: 
  2.14     Subd. 14.  [DRUG.] "Drug" has the meaning given in section 
  2.15  151.01, subdivision 5, including controlled substances as 
  2.16  defined in section 152.01, subdivision 4. 
  2.17     Sec. 4.  Minnesota Statutes 1994, section 84.81, is amended 
  2.18  by adding a subdivision to read: 
  2.19     Subd. 15.  [HAZARDOUS SUBSTANCE.] "Hazardous substance" 
  2.20  means any chemical or chemical compound that is listed as a 
  2.21  hazardous substance in rules adopted under chapter 182. 
  2.22     Sec. 5.  Minnesota Statutes 1994, section 84.81, is amended 
  2.23  by adding a subdivision to read: 
  2.24     Subd. 16.  [IMPAIRING SUBSTANCE.] "Impairing substance" 
  2.25  means any substance or combination of substances, other than 
  2.26  alcohol, a drug, or a hazardous substance, which has the 
  2.27  capacity to affect the nervous system, brain, or muscles of a 
  2.28  person so as to impair the person's ability or capacity to 
  2.29  drive, operate, or be in physical control of a motor vehicle. 
  2.30     Sec. 6.  Minnesota Statutes 1994, section 84.91, 
  2.31  subdivision 1, is amended to read: 
  2.32     Subdivision 1.  [ACTS PROHIBITED.] (a) No person shall 
  2.33  operate or be in physical control of any snowmobile or 
  2.34  all-terrain vehicle anywhere in this state or on the ice of any 
  2.35  boundary water of this state: 
  2.36     (1) when the person is under the influence of alcohol; 
  3.1      (2) when the person is under the influence of a controlled 
  3.2   substance, as defined in section 152.01, subdivision 4 drug that 
  3.3   affects the nervous system, brain, or muscles of the person so 
  3.4   as to impair the person's ability to operate the snowmobile or 
  3.5   all-terrain vehicle; 
  3.6      (3) when the person is under the influence of a combination 
  3.7   of any two or more of the elements named in clauses (1), (2), 
  3.8   and (6); 
  3.9      (4) when the person's alcohol concentration is 0.10 or 
  3.10  more; 
  3.11     (5) when the person's alcohol concentration as measured 
  3.12  within two hours of the time of operating is 0.10 or more; or 
  3.13     (6) when the person is knowingly under the influence of any 
  3.14  chemical compound or combination of chemical compounds that is 
  3.15  listed as a hazardous substance in rules adopted under section 
  3.16  182.655 and or an impairing substance that affects the nervous 
  3.17  system, brain, or muscles of the person so as to substantially 
  3.18  impair the person's ability to operate the snowmobile or 
  3.19  all-terrain vehicle. 
  3.20     (b) No owner or other person having charge or control of 
  3.21  any snowmobile or all-terrain vehicle shall authorize or permit 
  3.22  any individual the person knows or has reason to believe is 
  3.23  under the influence of alcohol, drugs, impairing substances, or 
  3.24  a controlled substance or other substance, as provided under 
  3.25  paragraph (a), hazardous substances to operate the snowmobile or 
  3.26  all-terrain vehicle anywhere in this state or on the ice of any 
  3.27  boundary water of this state. 
  3.28     (c) No owner or other person having charge or control of 
  3.29  any snowmobile or all-terrain vehicle shall knowingly authorize 
  3.30  or permit any person, who by reason of any physical or mental 
  3.31  disability is incapable of operating the vehicle, to operate the 
  3.32  snowmobile or all-terrain vehicle anywhere in this state or on 
  3.33  the ice of any boundary water of this state. 
  3.34     (d) The fact that a person charged with a violation of this 
  3.35  subdivision is or has been legally entitled to use alcohol, 
  3.36  drugs, impairing substances, or hazardous substances does not 
  4.1   constitute a defense against the charge. 
  4.2      Sec. 7.  Minnesota Statutes 1994, section 84.91, 
  4.3   subdivision 3, is amended to read: 
  4.4      Subd. 3.  [PRELIMINARY SCREENING TEST.] (a) When an officer 
  4.5   authorized under subdivision 2 to make arrests has reason to 
  4.6   believe from the manner in which a person is operating, 
  4.7   controlling, or acting upon departure from a snowmobile or 
  4.8   all-terrain vehicle, or has operated or been in control of the 
  4.9   vehicle, that the operator may be violating or has violated 
  4.10  subdivision 1, paragraph (a), the officer may require the 
  4.11  operator to provide a breath sample for a preliminary screening 
  4.12  test using a device approved by the commissioner of public 
  4.13  safety for this purpose.  
  4.14     (b) The results of the preliminary screening test shall be 
  4.15  used for the purpose of deciding whether an arrest should be 
  4.16  made under this section and whether to require the chemical 
  4.17  tests authorized in section 84.911, but may not be used in any 
  4.18  court action except:  (1) to prove that a test was properly 
  4.19  required of an operator under section 84.911; or (2) in a civil 
  4.20  action arising out of the operation or use of a snowmobile or 
  4.21  all-terrain vehicle. 
  4.22     (c) Following the preliminary screening test, additional 
  4.23  tests may be required of the operator as provided under section 
  4.24  84.911. 
  4.25     (d) An operator who refuses a breath sample is subject to 
  4.26  the provisions of section 84.911 unless, in compliance with that 
  4.27  section, the operator submits to a blood, breath, or urine test 
  4.28  to determine the presence of alcohol or a controlled substance, 
  4.29  drugs, impairing substances, or hazardous substances. 
  4.30     Sec. 8.  Minnesota Statutes 1994, section 84.91, 
  4.31  subdivision 4, is amended to read: 
  4.32     Subd. 4.  [EVIDENCE.] In a prosecution for a violation of 
  4.33  subdivision 1, paragraph (a), or an ordinance in conformity with 
  4.34  it, the admission of evidence of the amount of alcohol or a 
  4.35  controlled substance, drugs, impairing substances, or hazardous 
  4.36  substances in the person's blood, breath, or urine, is governed 
  5.1   by section 86B.331, subdivision 4. 
  5.2      Sec. 9.  Minnesota Statutes 1994, section 84.911, 
  5.3   subdivision 1, is amended to read: 
  5.4      Subdivision 1.  [MANDATORY CHEMICAL TESTING.] A person who 
  5.5   operates or is in physical control of a snowmobile or 
  5.6   all-terrain vehicle anywhere in this state or on the ice of any 
  5.7   boundary water of this state is required, subject to the 
  5.8   provisions of this section, to take or submit to a test of the 
  5.9   person's blood, breath, or urine for the purpose of determining 
  5.10  the presence and amount of alcohol or a controlled substance, 
  5.11  drugs, impairing substances, or hazardous substances.  The test 
  5.12  shall be administered at the direction of an officer authorized 
  5.13  to make arrests under section 84.91, subdivision 2.  Taking or 
  5.14  submitting to the test is mandatory when requested by an officer 
  5.15  who has probable cause to believe the person was operating or in 
  5.16  physical control of a snowmobile or all-terrain vehicle in 
  5.17  violation of section 84.91, subdivision 1, paragraph (a), and 
  5.18  one of the following conditions exists: 
  5.19     (1) the person has been lawfully placed under arrest for 
  5.20  violating section 84.91, subdivision 1, paragraph (a); 
  5.21     (2) the person has been involved while operating a 
  5.22  snowmobile or all-terrain vehicle in an accident resulting in 
  5.23  property damage, personal injury, or death; 
  5.24     (3) the person has refused to take the preliminary 
  5.25  screening test provided for in section 84.91, subdivision 3; or 
  5.26     (4) the screening test was administered and indicated an 
  5.27  alcohol concentration of 0.10 or more or the presence of a drug, 
  5.28  impairing substance, or hazardous substance. 
  5.29     Sec. 10.  Minnesota Statutes 1994, section 84.911, 
  5.30  subdivision 2, is amended to read: 
  5.31     Subd. 2.  [PENALTIES; REFUSAL; REVOCATION OF SNOWMOBILE OR 
  5.32  ALL-TERRAIN VEHICLE OPERATING PRIVILEGE.] (a) If a person 
  5.33  refuses to take a test required under subdivision 1, none must 
  5.34  be given, but the officer authorized to make arrests under 
  5.35  section 84.91, subdivision 2, shall report the refusal to the 
  5.36  commissioner of natural resources and to the authority having 
  6.1   responsibility for prosecution of misdemeanor offenses for the 
  6.2   jurisdiction in which the incident occurred that gave rise to 
  6.3   the test demand and refusal.  However, if a peace officer has 
  6.4   probable cause to believe that the person has violated section 
  6.5   609.21, a test may be required and obtained despite the person's 
  6.6   refusal.  
  6.7      (b) On certification by the officer that probable cause 
  6.8   existed to believe the person had been operating or in physical 
  6.9   control of a snowmobile or all-terrain vehicle while under the 
  6.10  influence of alcohol or a controlled substance, drugs, impairing 
  6.11  substances, or hazardous substances, and that the person refused 
  6.12  to submit to testing, the commissioner shall impose a civil 
  6.13  penalty of $500 and shall prohibit the person from operating a 
  6.14  snowmobile or all-terrain vehicle, whichever was involved in the 
  6.15  violation, for a period of one year even if a test was obtained 
  6.16  pursuant to this section after the person refused to submit to 
  6.17  testing. 
  6.18     (c) On behalf of the commissioner, an officer requiring a 
  6.19  test or directing the administration of a test shall serve on a 
  6.20  person who refused to permit a test immediate notice of 
  6.21  intention to prohibit the operation of a snowmobile or 
  6.22  all-terrain vehicle, and to impose the civil penalty set forth 
  6.23  in this subdivision.  If the officer fails to serve a notice of 
  6.24  intent to suspend operating privileges, the commissioner may 
  6.25  notify the person by mail, and the notice is deemed received 
  6.26  three days after mailing.  The notice must advise the person of 
  6.27  the right to obtain administrative and judicial review as 
  6.28  provided in this section.  The prohibition imposed by the 
  6.29  commissioner takes effect ten days after receipt of the notice.  
  6.30  The civil penalty is imposed on receipt of the notice and must 
  6.31  be paid within 30 days of imposition.  
  6.32     (b) (d) A person who operates a snowmobile or all-terrain 
  6.33  vehicle during the period the person is prohibited from 
  6.34  operating the vehicle as provided under paragraph (a) (b) or (c) 
  6.35  is guilty of a misdemeanor. 
  6.36     Sec. 11.  Minnesota Statutes 1994, section 84.911, 
  7.1   subdivision 3, is amended to read: 
  7.2      Subd. 3.  [RIGHTS AND OBLIGATIONS.] At the time a test is 
  7.3   requested, the person must be informed: 
  7.4      (1) that Minnesota law requires a person to take a test to 
  7.5   determine if the person is under the influence of alcohol or a 
  7.6   controlled substance, drugs, impairing substances, or hazardous 
  7.7   substances; 
  7.8      (2) that a person is subject to a civil penalty of $500 for 
  7.9   refusing to take the test and, in addition, is prohibited for a 
  7.10  one-year period from operating a snowmobile or an all-terrain 
  7.11  vehicle; 
  7.12     (3) if the peace officer has probable cause to believe the 
  7.13  person has violated the criminal vehicular homicide and injury 
  7.14  laws, that a test will be taken with or without the person's 
  7.15  consent; and 
  7.16     (4) that the person has the right to consult with an 
  7.17  attorney, but that this right is limited to the extent that it 
  7.18  cannot unreasonably delay administration of the test or the 
  7.19  person will be deemed to have refused the test. 
  7.20     Sec. 12.  Minnesota Statutes 1994, section 84.911, 
  7.21  subdivision 4, is amended to read: 
  7.22     Subd. 4.  [REQUIREMENT OF BLOOD OR URINE TEST.] 
  7.23  Notwithstanding subdivision 1, if there is probable cause to 
  7.24  believe there is impairment by a controlled substance drug, 
  7.25  impairing substance, or hazardous substance that is not subject 
  7.26  to testing by a breath test, then a blood or urine test may be 
  7.27  required even after a breath test has been administered. 
  7.28     Sec. 13.  Minnesota Statutes 1995 Supplement, section 
  7.29  84.911, subdivision 7, is amended to read: 
  7.30     Subd. 7.  [CORONER TO REPORT DEATH.] Every coroner or 
  7.31  medical examiner shall report in writing to the department of 
  7.32  natural resources the death of any person within the 
  7.33  jurisdiction of the coroner or medical examiner as the result of 
  7.34  an accident involving a recreational motor vehicle, as defined 
  7.35  in section 84.90, subdivision 1, and the circumstances of the 
  7.36  accident.  The report shall be made within 15 days after the 
  8.1   death. 
  8.2      In the case of drivers killed in recreational motor vehicle 
  8.3   accidents and of the death of passengers 14 years of age or 
  8.4   older, who die within four hours after accident, the coroner or 
  8.5   medical examiner shall examine the body and shall make tests as 
  8.6   are necessary to determine the presence and percentage 
  8.7   concentration of alcohol, and drugs, impairing substances, and 
  8.8   hazardous substances if feasible, in the blood of the victim.  
  8.9   This information shall be included in each report submitted 
  8.10  pursuant to the provisions of this subdivision and shall be 
  8.11  tabulated by the department of natural resources.  Periodically, 
  8.12  the commissioner of natural resources must transmit a summary of 
  8.13  the reports to the commissioner of public safety.  
  8.14     Sec. 14.  Minnesota Statutes 1994, section 86B.005, is 
  8.15  amended by adding a subdivision to read: 
  8.16     Subd. 20.  [DRUG.] "Drug" has the meaning given in section 
  8.17  151.01, subdivision 5, including controlled substances as 
  8.18  defined in section 152.01, subdivision 4. 
  8.19     Sec. 15.  Minnesota Statutes 1994, section 86B.005, is 
  8.20  amended by adding a subdivision to read: 
  8.21     Subd. 21.  [HAZARDOUS SUBSTANCE.] "Hazardous substance" 
  8.22  means any chemical or chemical compound that is listed as a 
  8.23  hazardous substance in rules adopted under chapter 182. 
  8.24     Sec. 16.  Minnesota Statutes 1994, section 86B.005, is 
  8.25  amended by adding a subdivision to read: 
  8.26     Subd. 22.  [IMPAIRING SUBSTANCE.] "Impairing substance" 
  8.27  means any substance or combination of substances, other than 
  8.28  alcohol, a drug, or a hazardous substance, which has the 
  8.29  capacity to affect the nervous system, brain, or muscles of a 
  8.30  person so as to impair the person's ability or capacity to 
  8.31  drive, operate, or be in physical control of a motor vehicle. 
  8.32     Sec. 17.  Minnesota Statutes 1994, section 86B.331, 
  8.33  subdivision 1, is amended to read: 
  8.34     Subdivision 1.  [ACTS PROHIBITED.] (a) A person may not 
  8.35  operate or be in physical control of a motorboat in operation on 
  8.36  the waters of this state: 
  9.1      (1) when the person is under the influence of alcohol; 
  9.2      (2) when the person is under the influence of a controlled 
  9.3   substance, as defined in section 152.01, subdivision 4 drug that 
  9.4   affects the nervous system, brain, or muscles of the person so 
  9.5   as to impair the person's ability to operate the motorboat; 
  9.6      (3) when the person is under the influence of a combination 
  9.7   of any two or more of the elements named in clauses (1), (2), 
  9.8   and (6); 
  9.9      (4) when the person's alcohol concentration is 0.10 or 
  9.10  more; 
  9.11     (5) when the person's alcohol concentration as measured 
  9.12  within two hours of the time of operating is 0.10 or more; or 
  9.13     (6) when the person is knowingly under the influence of any 
  9.14  chemical compound or combination of chemical compounds that is 
  9.15  listed as a hazardous substance in rules adopted under section 
  9.16  182.655 and or an impairing substance that affects the nervous 
  9.17  system, brain, or muscles of the person so as to substantially 
  9.18  impair the person's ability to operate the motorboat.  
  9.19     (b) An owner or other person having charge or control of a 
  9.20  motorboat may not authorize or allow an individual the person 
  9.21  knows or has reason to believe is under the influence of alcohol 
  9.22  or a controlled or other substance, as provided under paragraph 
  9.23  (a), drugs, impairing substances, or hazardous substances to 
  9.24  operate the motorboat in operation on the waters of this state. 
  9.25     (c) An owner or other person having charge or control of a 
  9.26  motorboat may not knowingly authorize or allow a person, who by 
  9.27  reason of a physical or mental disability is incapable of 
  9.28  operating the motorboat, to operate the motorboat in operation 
  9.29  on the waters of this state.  
  9.30     (d) The fact that a person charged with a violation of this 
  9.31  subdivision is or has been legally entitled to use alcohol, 
  9.32  drugs, impairing substances, or hazardous substances does not 
  9.33  constitute a defense against the charge. 
  9.34     (e) For purposes of this subdivision, a motorboat "in 
  9.35  operation" does not include a motorboat that is anchored, 
  9.36  beached, or securely fastened to a dock or other permanent 
 10.1   mooring. 
 10.2      Sec. 18.  Minnesota Statutes 1994, section 86B.331, 
 10.3   subdivision 3, is amended to read: 
 10.4      Subd. 3.  [PRELIMINARY SCREENING TEST.] (a) If an officer 
 10.5   authorized under subdivision 2 to make arrests has reason to 
 10.6   believe from the manner in which a person is operating, 
 10.7   controlling, or acting upon departure from a motorboat, or has 
 10.8   operated or been in control of a motorboat, that the operator 
 10.9   may be violating or has violated subdivision 1, paragraph (a), 
 10.10  the officer may require the operator to provide a breath sample 
 10.11  for a preliminary screening test using a device approved by the 
 10.12  commissioner of public safety for this purpose.  
 10.13     (b) The results of the preliminary screening test shall be 
 10.14  used for the purpose of deciding whether an arrest should be 
 10.15  made under this section and whether to require the chemical 
 10.16  tests authorized in section 86B.335, but may not be used in a 
 10.17  court action except:  (1) to prove that a test was properly 
 10.18  required of an operator pursuant to section 86B.335; or (2) in a 
 10.19  civil action arising out of the operation or use of the 
 10.20  motorboat. 
 10.21     (c) Following the preliminary screening test, additional 
 10.22  tests may be required of the operator as provided under section 
 10.23  86B.335. 
 10.24     (d) An operator who refuses a breath sample is subject to 
 10.25  the provisions of section 86B.335 unless, in compliance with 
 10.26  that section, the operator submits to a blood, breath, or urine 
 10.27  test to determine the presence of alcohol or a controlled 
 10.28  substance, drugs, impairing substances, or hazardous substances. 
 10.29     Sec. 19.  Minnesota Statutes 1994, section 86B.331, 
 10.30  subdivision 4, is amended to read: 
 10.31     Subd. 4.  [EVIDENCE.] (a) Upon the trial of a prosecution 
 10.32  arising out of acts alleged to have been committed by a person 
 10.33  arrested for operating or being in physical control of a 
 10.34  motorboat in violation of subdivision 1, paragraph (a), or an 
 10.35  ordinance in conformity with it, the court may admit evidence of 
 10.36  the amount of alcohol or a controlled substance, drugs, 
 11.1   impairing substances, or hazardous substances in the person's 
 11.2   blood, breath, or urine as shown by an analysis of those items. 
 11.3      (b) For the purposes of this subdivision: 
 11.4      (1), evidence that there was at the time an alcohol 
 11.5   concentration of 0.05 or less is prima facie evidence that the 
 11.6   person was not under the influence of alcohol; and 
 11.7      (2) evidence that there was at the time an alcohol 
 11.8   concentration of more than 0.05 and less than 0.10 0.04 or more 
 11.9   is relevant evidence in indicating whether or not the person was 
 11.10  under the influence of alcohol. 
 11.11     (c) Evidence of the refusal to take a preliminary screening 
 11.12  test required under subdivision 3 or a chemical test required 
 11.13  under section 86B.335 is admissible into evidence in a 
 11.14  prosecution under this section or an ordinance in conformity 
 11.15  with it. 
 11.16     (d) This subdivision does not limit the introduction of 
 11.17  other competent evidence bearing upon the question of whether or 
 11.18  not the person violated this section, including tests obtained 
 11.19  more than two hours after the alleged violation and results 
 11.20  obtained from partial tests on an infrared breath-testing 
 11.21  instrument.  A result from a partial test is the measurement 
 11.22  obtained by analyzing one adequate breath sample.  A sample is 
 11.23  adequate if the instrument analyzes the sample and does not 
 11.24  indicate the sample is deficient.  
 11.25     (e) If proven by a preponderance of the evidence, it shall 
 11.26  be an affirmative defense to a violation of subdivision 1, 
 11.27  paragraph (a), clause (5), that the defendant consumed a 
 11.28  sufficient quantity of alcohol after the time of operating or 
 11.29  physical control of a motorboat and before the administration of 
 11.30  the evidentiary test to cause the defendant's alcohol 
 11.31  concentration to exceed 0.10.  Provided, that this evidence may 
 11.32  not be admitted unless notice is given to the prosecution prior 
 11.33  to the omnibus or pretrial hearing in the matter. 
 11.34     Sec. 20.  Minnesota Statutes 1994, section 86B.335, 
 11.35  subdivision 1, is amended to read: 
 11.36     Subdivision 1.  [MANDATORY CHEMICAL TESTING.] A person who 
 12.1   operates or is in physical control of a motorboat in operation 
 12.2   on the waters of this state is required, subject to the 
 12.3   provisions of this section, to take or submit to a test of the 
 12.4   person's blood, breath, or urine for the purpose of determining 
 12.5   the presence and amount of alcohol or a controlled substance, 
 12.6   drugs, impairing substances, or hazardous substances.  A 
 12.7   motorboat "in operation" does not include a motorboat that is 
 12.8   anchored, beached, or securely fastened to a dock or other 
 12.9   permanent mooring.  The test shall be administered at the 
 12.10  direction of an officer authorized to make arrests under section 
 12.11  86B.331, subdivision 2.  Taking or submitting to the test is 
 12.12  mandatory when requested by an officer who has probable cause to 
 12.13  believe the person was operating or in physical control of a 
 12.14  motorboat in violation of section 86B.331, subdivision 1, 
 12.15  paragraph (a), and one of the following conditions exist: 
 12.16     (1) the person has been lawfully placed under arrest for 
 12.17  violating section 86B.331, subdivision 1, paragraph (a); 
 12.18     (2) the person has been involved in a motorboat accident 
 12.19  resulting in property damage, personal injury, or death; 
 12.20     (3) the person has refused to take the preliminary 
 12.21  screening test provided for in section 86B.331, subdivision 3; 
 12.22  or 
 12.23     (4) the screening test was administered and indicated an 
 12.24  alcohol concentration of 0.10 or more or the presence of drugs, 
 12.25  impairing substances, or hazardous substances. 
 12.26     Sec. 21.  Minnesota Statutes 1994, section 86B.335, 
 12.27  subdivision 2, is amended to read: 
 12.28     Subd. 2.  [REFUSAL TO TAKE TEST PENALTIES; REFUSAL; 
 12.29  REVOCATION OF OPERATOR'S PERMIT.] (a) If a person refuses to 
 12.30  take a test required under subdivision 1, a test is not to be 
 12.31  given, but the officer authorized to make arrests under section 
 12.32  86B.331, subdivision 2, shall report the refusal to the 
 12.33  commissioner of natural resources and to the authority having 
 12.34  responsibility for prosecution of misdemeanor offenses for the 
 12.35  jurisdiction where the incident occurred that gave rise to the 
 12.36  test demand and refusal.  However, if a peace officer has 
 13.1   probable cause to believe that the person has violated section 
 13.2   609.21, a test may be required and obtained despite the person's 
 13.3   refusal. 
 13.4      (b) On certification by the officer that probable cause 
 13.5   existed to believe the person had been operating or in physical 
 13.6   control of a motorboat while under the influence of alcohol or a 
 13.7   controlled substance, drugs, impairing substances, or hazardous 
 13.8   substances, and that the person refused to submit to testing, 
 13.9   the commissioner shall impose a civil penalty of $500 and shall 
 13.10  prohibit the person from operating any motorboat on the waters 
 13.11  of this state for a period of one year even if a test was 
 13.12  obtained pursuant to this section after the person refused to 
 13.13  submit to testing.  If the person refusing to submit to testing 
 13.14  is under the age of 18 years at the time of the refusal, the 
 13.15  person's watercraft operator's permit shall be revoked by the 
 13.16  commissioner as set forth in this subdivision and a new permit 
 13.17  after the revocation must be issued only after the person 
 13.18  successfully completes a watercraft safety course.  
 13.19     (c) On behalf of the commissioner, an officer requiring a 
 13.20  test or directing the administration of a test shall serve on a 
 13.21  person who refused to permit a test immediate notice of 
 13.22  intention to impose the civil penalty set forth in this 
 13.23  subdivision, to prohibit the operation of motorboats, and to 
 13.24  revoke a watercraft operator's permit.  The officer shall take a 
 13.25  watercraft operator's permit held by the person, and shall send 
 13.26  the permit to the commissioner along with the certification 
 13.27  provided for in this subdivision.  If the officer fails to serve 
 13.28  a notice of intent to revoke, the commissioner may notify the 
 13.29  person by mail and the notice is deemed received three days 
 13.30  after mailing.  The notice must advise the person of the right 
 13.31  to obtain administrative and judicial review as provided in this 
 13.32  section.  The prohibition and revocation, if any, shall take 
 13.33  effect ten days after receipt of the notice.  The civil penalty 
 13.34  is imposed on receipt of the notice and shall be paid within 30 
 13.35  days of imposition.  
 13.36     (d) A person who operates a motorboat on the waters of this 
 14.1   state during the period the person is prohibited from operating 
 14.2   a motorboat as provided under paragraph (b) or (c) is guilty of 
 14.3   a misdemeanor.  
 14.4      Sec. 22.  Minnesota Statutes 1994, section 86B.335, 
 14.5   subdivision 6, is amended to read: 
 14.6      Subd. 6.  [RIGHTS AND OBLIGATIONS.] At the time a test is 
 14.7   requested, the person must be informed: 
 14.8      (1) that Minnesota law requires a person to take a test to 
 14.9   determine if the person is under the influence of alcohol or a 
 14.10  controlled substance, drugs, impairing substances, or hazardous 
 14.11  substances; 
 14.12     (2) that a person is subject to a civil penalty of $500 for 
 14.13  refusing to take the test and, in addition, the person may be 
 14.14  prohibited from operating any motorboat; 
 14.15     (3) if the peace officer has probable cause to believe the 
 14.16  person has violated the criminal vehicular homicide and injury 
 14.17  laws, that a test will be taken with or without the person's 
 14.18  consent; and 
 14.19     (4) that the person has the right to consult with an 
 14.20  attorney, but that this right is limited to the extent that it 
 14.21  cannot unreasonably delay administration of the test or the 
 14.22  person will be deemed to have refused the test. 
 14.23     Sec. 23.  Minnesota Statutes 1994, section 86B.335, 
 14.24  subdivision 7, is amended to read: 
 14.25     Subd. 7.  [REQUIREMENT OF BLOOD OR URINE TEST.] 
 14.26  Notwithstanding subdivision 1, if there are reasonable and 
 14.27  probable grounds to believe there is impairment by a controlled 
 14.28  drug, impairing substance, or hazardous substance which that is 
 14.29  not subject to testing by a blood or breath test, then a blood 
 14.30  or urine test may be required even after a blood or breath test 
 14.31  has been administered. 
 14.32     Sec. 24.  Minnesota Statutes 1994, section 86B.335, 
 14.33  subdivision 10, is amended to read: 
 14.34     Subd. 10.  [MANNER OF MAKING TESTS.] (a) Only a physician, 
 14.35  medical technician, physician's trained mobile intensive care 
 14.36  paramedic, registered nurse, medical technologist, or laboratory 
 15.1   assistant acting at the request of a peace officer authorized to 
 15.2   make arrests under section 86B.331, subdivision 2, may withdraw 
 15.3   blood for the purpose of determining the presence of alcohol or 
 15.4   controlled substance, drugs, impairing substances, or hazardous 
 15.5   substances.  This limitation does not apply to the taking of a 
 15.6   breath or urine sample.  The person tested has the right to have 
 15.7   someone of the person's own choosing administer a chemical test 
 15.8   or tests in addition to any administered at the direction of a 
 15.9   peace officer; provided, that the additional test sample on 
 15.10  behalf of the person is obtained at the place where the person 
 15.11  is in custody, after the test administered at the direction of a 
 15.12  peace officer, and at no expense to the state.  
 15.13     (b) The failure or inability to obtain an additional test 
 15.14  or tests by a person shall not preclude the admission in 
 15.15  evidence of the test taken at the direction of a peace officer 
 15.16  unless the additional test was prevented or denied by the peace 
 15.17  officer.  
 15.18     (c) The physician, medical technician, physician's trained 
 15.19  mobile intensive care paramedic, medical technologist, 
 15.20  laboratory assistant, or registered nurse drawing blood at the 
 15.21  request of a peace officer for the purpose of determining 
 15.22  alcohol the concentration of alcohol, drugs, impairing 
 15.23  substances, or hazardous substances shall in no manner be liable 
 15.24  in any civil or criminal action except for negligence in drawing 
 15.25  the blood.  The person administering a breath test shall be 
 15.26  fully trained in the administration of breath tests pursuant to 
 15.27  training given by the commissioner of public safety.  
 15.28     Sec. 25.  Minnesota Statutes 1995 Supplement, section 
 15.29  86B.335, subdivision 13, is amended to read: 
 15.30     Subd. 13.  [CORONER TO REPORT DEATH.] Every coroner or 
 15.31  medical examiner shall report in writing to the department of 
 15.32  natural resources the death of any person within the 
 15.33  jurisdiction of the coroner or medical examiner as the result of 
 15.34  an accident involving any watercraft or drowning and the 
 15.35  circumstances of the accident.  The report shall be made within 
 15.36  15 days after the death or recovery. 
 16.1      In the case of operators killed in watercraft accidents, or 
 16.2   the death of passengers or drowning victims 14 years of age or 
 16.3   older, who die within four hours after accident, the coroner or 
 16.4   medical examiner shall examine the body and shall make tests as 
 16.5   are necessary to determine the presence and percentage 
 16.6   concentration of alcohol, and drugs, impairing substances, and 
 16.7   hazardous substances if feasible, in the blood of the victim.  
 16.8   This information shall be included in each report submitted 
 16.9   pursuant to the provisions of this subdivision and shall be 
 16.10  tabulated by the department of natural resources.  Periodically, 
 16.11  the commissioner of natural resources must transmit a summary of 
 16.12  the reports to the commissioner of public safety.  
 16.13     Sec. 26.  Minnesota Statutes 1994, section 97A.015, is 
 16.14  amended by adding a subdivision to read: 
 16.15     Subd. 56.  [DRUG.] "Drug" has the meaning given in section 
 16.16  151.01, subdivision 5, including controlled substances as 
 16.17  defined in section 152.01, subdivision 4. 
 16.18     Sec. 27.  Minnesota Statutes 1994, section 97A.015, is 
 16.19  amended by adding a subdivision to read: 
 16.20     Subd. 57.  [HAZARDOUS SUBSTANCE.] "Hazardous substance" 
 16.21  means any chemical or chemical compound that is listed as a 
 16.22  hazardous substance in rules adopted under chapter 182. 
 16.23     Sec. 28.  Minnesota Statutes 1994, section 97A.015, is 
 16.24  amended by adding a subdivision to read: 
 16.25     Subd. 58.  [IMPAIRING SUBSTANCE.] "Impairing substance" 
 16.26  means any substance or combination of substances, other than 
 16.27  alcohol, a drug, or a hazardous substance, which has the 
 16.28  capacity to affect the nervous system, brain, or muscles of a 
 16.29  person so as to impair the person's ability or capacity to 
 16.30  drive, operate, or be in physical control of a motor vehicle. 
 16.31     Sec. 29.  Minnesota Statutes 1994, section 97B.065, 
 16.32  subdivision 1, is amended to read: 
 16.33     Subdivision 1.  [ACTS PROHIBITED.] (a) A person may not 
 16.34  take wild animals with a firearm or by archery:  
 16.35     (1) when the person is under the influence of alcohol; 
 16.36     (2) when the person is under the influence of a controlled 
 17.1   substance, as defined in section 152.01, subdivision 4 drug that 
 17.2   affects the nervous system, brain, or muscles of the person so 
 17.3   as to impair the person's ability to operate the firearm or bow 
 17.4   and arrow; 
 17.5      (3) when the person is under the influence of a combination 
 17.6   of any two or more of the elements in clauses (1) and, (2), and 
 17.7   (6); 
 17.8      (4) when the person's alcohol concentration is 0.10 or 
 17.9   more; 
 17.10     (5) when the person's alcohol concentration as measured 
 17.11  within two hours of the time of taking is 0.10 or more; or 
 17.12     (6) when the person is knowingly under the influence of any 
 17.13  chemical compound or combination of chemical compounds that is 
 17.14  listed as a hazardous substance in rules adopted under section 
 17.15  182.655 and or an impairing substance that affects the nervous 
 17.16  system, brain, or muscles of the person so as to substantially 
 17.17  impair the person's ability to operate a the firearm or bow and 
 17.18  arrow. 
 17.19     (b) An owner or other person having charge or control of a 
 17.20  firearm or bow and arrow may not authorize or permit an 
 17.21  individual the person knows or has reason to believe is under 
 17.22  the influence of alcohol or a controlled substance, as provided 
 17.23  under paragraph (a), drugs, impairing substances, or hazardous 
 17.24  substances to possess the firearm or bow and arrow in this state 
 17.25  or on a boundary water of this state. 
 17.26     (c) The fact that a person charged with a violation of this 
 17.27  subdivision is or has been legally entitled to use alcohol, 
 17.28  drugs, impairing substances, or hazardous substances does not 
 17.29  constitute a defense against the charge. 
 17.30     Sec. 30.  Minnesota Statutes 1994, section 97B.065, 
 17.31  subdivision 3, is amended to read: 
 17.32     Subd. 3.  [PRELIMINARY SCREENING TEST.] (a) When an officer 
 17.33  authorized under subdivision 2 to make arrests has reason to 
 17.34  believe that the person may be violating or has violated 
 17.35  subdivision 1, paragraph (a), the officer may require the person 
 17.36  to provide a breath sample for a preliminary screening test 
 18.1   using a device approved by the commissioner of public safety for 
 18.2   this purpose. 
 18.3      (b) The results of the preliminary screening test must be 
 18.4   used for the purpose of deciding whether an arrest should be 
 18.5   made under this section and whether to require the chemical 
 18.6   tests authorized in section 97B.066, but may not be used in any 
 18.7   court action except:  (1) to prove that a test was properly 
 18.8   required of a person under section 97B.066, or (2) in a civil 
 18.9   action arising out of the operation of a firearm or bow and 
 18.10  arrow. 
 18.11     (c) Following the preliminary screening test, additional 
 18.12  tests may be required of the person as provided under section 
 18.13  97B.066. 
 18.14     (d) A person who refuses a breath sample is subject to the 
 18.15  provisions of section 97B.066 unless, in compliance with that 
 18.16  section, the person submits to a blood, breath, or urine test to 
 18.17  determine the presence of alcohol or a controlled substance, 
 18.18  drugs, impairing substances, or hazardous substances. 
 18.19     Sec. 31.  Minnesota Statutes 1994, section 97B.065, 
 18.20  subdivision 4, is amended to read: 
 18.21     Subd. 4.  [EVIDENCE.] In a prosecution for a violation of 
 18.22  subdivision 1, paragraph (a), or an ordinance in conformity with 
 18.23  it, the admission of evidence of the amount of alcohol or a 
 18.24  controlled substance, drugs, impairing substances, or hazardous 
 18.25  substances in the person's blood, breath, or urine is governed 
 18.26  by section 86B.331, subdivision 4. 
 18.27     Sec. 32.  Minnesota Statutes 1994, section 97B.066, 
 18.28  subdivision 1, is amended to read: 
 18.29     Subdivision 1.  [MANDATORY CHEMICAL TESTING.] A person who 
 18.30  takes wild animals with a bow or firearm in this state or on a 
 18.31  boundary water of this state is required, subject to the 
 18.32  provisions of this section, to take or submit to a test of the 
 18.33  person's blood, breath, or urine for the purpose of determining 
 18.34  the presence and amount of alcohol or a controlled substance, 
 18.35  drugs, impairing substances, or hazardous substances.  The test 
 18.36  shall be administered at the direction of an officer authorized 
 19.1   to make arrests under section 97B.065, subdivision 2.  Taking or 
 19.2   submitting to the test is mandatory when requested by an officer 
 19.3   who has probable cause to believe the person was hunting in 
 19.4   violation of section 97B.065, subdivision 1, paragraph (a), and 
 19.5   one of the following conditions exists: 
 19.6      (1) the person has been lawfully placed under arrest for 
 19.7   violating section 97B.065, subdivision 1, paragraph (a); 
 19.8      (2) the person has been involved while hunting in an 
 19.9   accident resulting in property damage, personal injury, or 
 19.10  death; 
 19.11     (3) the person has refused to take the preliminary 
 19.12  screening test provided for in section 97B.065, subdivision 3; 
 19.13  or 
 19.14     (4) the screening test was administered and indicated an 
 19.15  alcohol concentration of 0.10 or more or the presence of a drug, 
 19.16  impairing substance, or hazardous substance. 
 19.17     Sec. 33.  Minnesota Statutes 1994, section 97B.066, 
 19.18  subdivision 2, is amended to read: 
 19.19     Subd. 2.  [PENALTIES; REFUSAL; REVOCATION OF HUNTING 
 19.20  PRIVILEGE.] (a) If a person refuses to take a test required 
 19.21  under subdivision 1, none must be given but the officer 
 19.22  authorized to make arrests under section 97B.065, subdivision 2, 
 19.23  shall report the refusal to the commissioner of natural 
 19.24  resources and to the authority having responsibility for 
 19.25  prosecution of misdemeanor offenses for the jurisdiction in 
 19.26  which the incident occurred that gave rise to the test demand 
 19.27  and refusal. 
 19.28     (b) On certification by the officer that probable cause 
 19.29  existed to believe the person had been hunting while under the 
 19.30  influence of alcohol or a controlled substance, drugs, impairing 
 19.31  substances, or hazardous substances and that the person refused 
 19.32  to submit to testing, the commissioner shall impose a civil 
 19.33  penalty of $500 and shall prohibit the person from hunting for 
 19.34  one year. 
 19.35     (c) On behalf of the commissioner, an officer requiring a 
 19.36  test or directing the administration of a test shall serve on a 
 20.1   person who refused to permit a test immediate notice of 
 20.2   intention to prohibit the person from hunting, and to impose the 
 20.3   civil penalty set forth in this subdivision.  If the officer 
 20.4   fails to serve a notice of intent to suspend hunting privileges, 
 20.5   the commissioner may notify the person by certified mail to the 
 20.6   address on the license of the person.  The notice must advise 
 20.7   the person of the right to obtain administrative and judicial 
 20.8   review as provided in this section.  The prohibition imposed by 
 20.9   the commissioner takes effect ten days after receipt of the 
 20.10  notice.  The civil penalty is imposed 30 days after receipt of 
 20.11  the notice or upon return of the certified mail to the 
 20.12  commissioner, and must be paid within 30 days of imposition. 
 20.13     (b) (d) A person who hunts during the period the person is 
 20.14  prohibited from hunting as provided under paragraph (a) (b) or 
 20.15  (c) is guilty of a misdemeanor. 
 20.16     Sec. 34.  Minnesota Statutes 1994, section 97B.066, 
 20.17  subdivision 3, is amended to read: 
 20.18     Subd. 3.  [RIGHTS AND OBLIGATIONS.] At the time a test is 
 20.19  requested, the person must be informed that: 
 20.20     (1) Minnesota law requires a person to take a test to 
 20.21  determine if the person is under the influence of alcohol or a 
 20.22  controlled substance, drugs, impairing substances, or hazardous 
 20.23  substances; 
 20.24     (2) if the person refuses to take the test, the person is 
 20.25  subject to a civil penalty of $500 and is prohibited for a 
 20.26  one-year period from hunting, as provided under subdivision 2; 
 20.27  and 
 20.28     (3) that the person has the right to consult with an 
 20.29  attorney, but that this right is limited to the extent it cannot 
 20.30  unreasonably delay administration of the test or the person will 
 20.31  be deemed to have refused the test. 
 20.32     Sec. 35.  Minnesota Statutes 1994, section 97B.066, 
 20.33  subdivision 4, is amended to read: 
 20.34     Subd. 4.  [REQUIREMENT OF BLOOD OR URINE TEST.] 
 20.35  Notwithstanding subdivision 1, if there is probable cause to 
 20.36  believe there is impairment by a controlled substance drug, 
 21.1   impairing substance, or hazardous substance that is not subject 
 21.2   to testing by a breath test, then a blood or urine test may be 
 21.3   required even after a breath test has been administered. 
 21.4      Sec. 36.  Minnesota Statutes 1994, section 169.01, is 
 21.5   amended by adding a subdivision to read: 
 21.6      Subd. 82.  [DRUG.] "Drug" has the meaning given in section 
 21.7   151.01, subdivision 5, including controlled substances as 
 21.8   defined in section 152.01, subdivision 4. 
 21.9      Sec. 37.  Minnesota Statutes 1994, section 169.01, is 
 21.10  amended by adding a subdivision to read: 
 21.11     Subd. 83.  [HAZARDOUS SUBSTANCE.] "Hazardous substance" 
 21.12  means any chemical or chemical compound that is listed as a 
 21.13  hazardous substance in rules adopted under chapter 182. 
 21.14     Sec. 38.  Minnesota Statutes 1994, section 169.01, is 
 21.15  amended by adding a subdivision to read: 
 21.16     Subd. 84.  [IMPAIRING SUBSTANCE.] "Impairing substance" 
 21.17  means any substance or combination of substances, other than 
 21.18  alcohol, a drug, or a hazardous substance, which has the 
 21.19  capacity to affect the nervous system, brain, or muscles of a 
 21.20  person so as to impair the person's ability or capacity to 
 21.21  drive, operate, or be in physical control of a motor vehicle. 
 21.22     Sec. 39.  Minnesota Statutes 1994, section 169.09, 
 21.23  subdivision 14, is amended to read: 
 21.24     Subd. 14.  [PENALTIES.] (a) The driver of any vehicle who 
 21.25  violates subdivision 1 or 6 and who caused the accident is 
 21.26  punishable as follows:  
 21.27     (1) if the accident results in the death of any person, the 
 21.28  driver is guilty of a felony and may be sentenced to 
 21.29  imprisonment for not more than ten years, or to payment of a 
 21.30  fine of not more than $20,000, or both; 
 21.31     (2) if the accident results in great bodily harm to any 
 21.32  person, as defined in section 609.02, subdivision 8, the driver 
 21.33  is guilty of a felony and may be sentenced to imprisonment for 
 21.34  not more than five years, or to payment of a fine of not more 
 21.35  than $10,000, or both; or 
 21.36     (3) if the accident results in substantial bodily harm to 
 22.1   any person, as defined in section 609.02, subdivision 7a, the 
 22.2   driver is guilty of a felony and may be sentenced to 
 22.3   imprisonment for not more than three years, or to payment of a 
 22.4   fine of not more than $5,000, or both.  
 22.5      (b) The driver of any vehicle who violates subdivision 1 or 
 22.6   6 and who did not cause the accident is punishable as follows:  
 22.7      (1) if the accident results in the death of any person, the 
 22.8   driver is guilty of a felony and may be sentenced to 
 22.9   imprisonment for not more than three years, or to payment of a 
 22.10  fine of not more than $5,000, or both; 
 22.11     (2) if the accident results in great bodily harm to any 
 22.12  person, as defined in section 609.02, subdivision 8, the driver 
 22.13  is guilty of a felony and may be sentenced to imprisonment for 
 22.14  not more than two years, or to payment of a fine of not more 
 22.15  than $4,000, or both; or 
 22.16     (3) if the accident results in substantial bodily harm to 
 22.17  any person, as defined in section 609.02, subdivision 7a, the 
 22.18  driver may be sentenced to imprisonment for not more than one 
 22.19  year, or to payment of a fine of not more than $3,000, or both.  
 22.20     (c) (b) The driver of any vehicle involved in an accident 
 22.21  not resulting in substantial bodily harm or death who violates 
 22.22  subdivision 1 or 6 may be sentenced to imprisonment for not more 
 22.23  than one year, or to payment of a fine of not more than $3,000, 
 22.24  or both.  
 22.25     (d) (c) Any person who violates subdivision 2, 3, 4, 5, 7, 
 22.26  8, 10, 11, or 12 is guilty of a misdemeanor. 
 22.27     The attorney in the jurisdiction in which the violation 
 22.28  occurred who is responsible for prosecution of misdemeanor 
 22.29  violations of this section shall also be responsible for 
 22.30  prosecution of gross misdemeanor violations of this section. 
 22.31     Sec. 40.  Minnesota Statutes 1994, section 169.121, 
 22.32  subdivision 1, is amended to read: 
 22.33     Subdivision 1.  [CRIME; ACTS PROHIBITED.] It is a crime for 
 22.34  any person to drive, operate, or be in physical control of any 
 22.35  motor vehicle within this state or upon the ice of any boundary 
 22.36  water of this state under any of the following circumstances: 
 23.1      (a) when the person is under the influence of alcohol; 
 23.2      (b) when the person is under the influence of a controlled 
 23.3   substance, as defined in section 152.01, subdivision 4 drug that 
 23.4   affects the nervous system, brain, or muscles of the person so 
 23.5   as to impair the person's ability to drive or operate the motor 
 23.6   vehicle; 
 23.7      (c) when the person is under the influence of a combination 
 23.8   of any two or more of the elements named in clauses (a), (b), 
 23.9   and (f); 
 23.10     (d) when the person's alcohol concentration is 0.10 or 
 23.11  more; 
 23.12     (e) when the person's alcohol concentration as measured 
 23.13  within two hours of the time of driving, operating, or being in 
 23.14  physical control of the motor vehicle is 0.10 or more; or 
 23.15     (f) when the person is knowingly under the influence of any 
 23.16  chemical compound or combination of chemical compounds that is 
 23.17  listed as a hazardous substance in rules adopted under section 
 23.18  182.655 and or an impairing substance that affects the nervous 
 23.19  system, brain, or muscles of the person so as to substantially 
 23.20  impair the person's ability to drive or operate the motor 
 23.21  vehicle; or 
 23.22     (g) when the person's body contains any amount of a 
 23.23  controlled substance, as defined in section 152.01, subdivision 
 23.24  4, that is listed in schedule I or II. 
 23.25     Sec. 41.  Minnesota Statutes 1994, section 169.121, 
 23.26  subdivision 1c, is amended to read: 
 23.27     Subd. 1c.  [CONDITIONAL RELEASE.] Unless maximum bail is 
 23.28  imposed under section 629.471, subdivision 2, a person charged 
 23.29  with violating subdivision 1 within ten years of the first of 
 23.30  three prior impaired driving convictions or within the person's 
 23.31  lifetime after four or more prior impaired driving convictions 
 23.32  may be released from detention only if the following conditions 
 23.33  are imposed in addition to the other conditions of release 
 23.34  ordered by the court: 
 23.35     (1) the impoundment of the registration plates of the 
 23.36  vehicle used to commit the violation, unless already impounded; 
 24.1      (2) a requirement that the alleged violator report weekly 
 24.2   to a probation agent; 
 24.3      (3) a requirement that the alleged violator abstain from 
 24.4   consumption of alcohol and controlled substances and submit to 
 24.5   random, weekly alcohol tests or urine analyses; and 
 24.6      (4) a requirement that, if convicted, the alleged violator 
 24.7   reimburse the court or county for the total cost of these 
 24.8   services. 
 24.9      Sec. 42.  Minnesota Statutes 1994, section 169.121, is 
 24.10  amended by adding a subdivision to read: 
 24.11     Subd. 1d.  [PRESCRIPTION NOT A DEFENSE.] The fact that a 
 24.12  person charged with a violation of this section is or has been 
 24.13  legally entitled to use alcohol, drugs, impairing substances, or 
 24.14  hazardous substances does not constitute a defense against the 
 24.15  charge. 
 24.16     Sec. 43.  Minnesota Statutes 1994, section 169.121, 
 24.17  subdivision 2, is amended to read: 
 24.18     Subd. 2.  [EVIDENCE.] (a) Upon the trial of any prosecution 
 24.19  arising out of acts alleged to have been committed by any person 
 24.20  arrested for driving, operating, or being in physical control of 
 24.21  a motor vehicle in violation of subdivision 1, the court may 
 24.22  admit evidence of the amount of alcohol or a controlled 
 24.23  substance, drugs, impairing substances, or hazardous substances 
 24.24  in the person's blood, breath, or urine as shown by an analysis 
 24.25  of those items. 
 24.26     (b) For the purposes of this subdivision, evidence that 
 24.27  there was at the time an alcohol concentration of 0.04 or more 
 24.28  is relevant evidence in indicating whether or not the person was 
 24.29  under the influence of alcohol. 
 24.30     (c) Evidence of the refusal to take a test is admissible 
 24.31  into evidence in a prosecution under this section or an 
 24.32  ordinance in conformity with it.  
 24.33     (d) If proven by a preponderance of the evidence, it shall 
 24.34  be an affirmative defense to a violation of subdivision 1, 
 24.35  clause (e), that the defendant consumed a sufficient quantity of 
 24.36  alcohol after the time of actual driving, operating, or physical 
 25.1   control of a motor vehicle and before the administration of the 
 25.2   evidentiary test to cause the defendant's alcohol concentration 
 25.3   to exceed 0.10.  Provided, that this evidence may not be 
 25.4   admitted unless notice is given to the prosecution prior to the 
 25.5   omnibus or pretrial hearing in the matter.  Evidence that the 
 25.6   defendant consumed alcohol after the time of actual driving, 
 25.7   operating, or being in physical control of a motor vehicle shall 
 25.8   not be admitted in defense to any alleged violation of this 
 25.9   section unless notice is given to the prosecution at least five 
 25.10  days prior to the omnibus or pretrial hearing in the matter. 
 25.11     (e) If proven by a preponderance of the evidence, it shall 
 25.12  be an affirmative defense to a violation of subdivision 1, 
 25.13  clause (g), that the defendant used the controlled substance 
 25.14  according to the terms of a prescription issued for the 
 25.15  defendant in accordance with sections 152.11 and 152.12.  
 25.16     (f) The foregoing provisions do not limit the introduction 
 25.17  of any other competent evidence bearing upon the question 
 25.18  whether or not the person violated this section, including tests 
 25.19  obtained more than two hours after the alleged violation and 
 25.20  results obtained from partial tests on an infrared 
 25.21  breath-testing instrument.  A result from a partial test is the 
 25.22  measurement obtained by analyzing one adequate breath sample, as 
 25.23  defined in section 169.123, subdivision 2b, paragraph (b). 
 25.24     Sec. 44.  Minnesota Statutes 1994, section 169.121, 
 25.25  subdivision 3, is amended to read: 
 25.26     Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this 
 25.27  subdivision:  
 25.28     (1) "prior impaired driving conviction" means a prior 
 25.29  conviction under this section; section 84.91, subdivision 1, 
 25.30  paragraph (a); 86B.331, subdivision 1, paragraph (a); 169.129; 
 25.31  360.0752; 609.21, subdivision 1, clauses (2) to (4) (6); 609.21, 
 25.32  subdivision 2, clauses (2) to (4) (6); 609.21, subdivision 2a, 
 25.33  clauses (2) to (4) (6); 609.21, subdivision 2b, clauses (2) to 
 25.34  (6); 609.21, subdivision 3, clauses (2) to (4) (6); 609.21, 
 25.35  subdivision 4, clauses (2) to (4) (6); or an ordinance from this 
 25.36  state, or a statute or ordinance from another state in 
 26.1   conformity with any of them.  A prior impaired driving 
 26.2   conviction also includes a prior juvenile adjudication that 
 26.3   would have been a prior impaired driving conviction if committed 
 26.4   by an adult; and 
 26.5      (2) "prior license revocation" means a driver's license 
 26.6   suspension, revocation, or cancellation under this section; 
 26.7   section 169.123; 171.04; 171.14; 171.16; 171.17; or 171.18 
 26.8   because of an alcohol-related incident; 609.21, subdivision 1, 
 26.9   clauses (2) to (4) (7); 609.21, subdivision 2, clauses (2) 
 26.10  to (4) (7); 609.21, subdivision 2a, clauses (2) 
 26.11  to (4) (7); 609.21, subdivision 2b, clauses (2) to (7); 609.21, 
 26.12  subdivision 3, clauses (2) to (4) (7); or 609.21, subdivision 4, 
 26.13  clauses (2) to (4) (7). 
 26.14     (b) A person who violates subdivision 1 or 1a, or an 
 26.15  ordinance in conformity with either of them, is guilty of a 
 26.16  misdemeanor. 
 26.17     (c) A person is guilty of a gross misdemeanor under any of 
 26.18  the following circumstances: 
 26.19     (1) the person violates subdivision 1 within five years of 
 26.20  a prior impaired driving conviction, or within ten years of the 
 26.21  first of two or more prior impaired driving convictions; 
 26.22     (2) the person violates subdivision 1a within five years of 
 26.23  a prior license revocation, or within ten years of the first of 
 26.24  two or more prior license revocations; 
 26.25     (3) the person violates section 169.26 while in violation 
 26.26  of subdivision 1; or 
 26.27     (4) the person violates subdivision 1 or 1a while a child 
 26.28  under the age of 16 is in the vehicle, if the child is more than 
 26.29  36 months younger than the violator; or 
 26.30     (5) the person violates subdivision 1 or 1a while in 
 26.31  violation of section 169.797. 
 26.32     (d) The attorney in the jurisdiction in which the violation 
 26.33  occurred who is responsible for prosecution of misdemeanor 
 26.34  violations of this section shall also be responsible for 
 26.35  prosecution of gross misdemeanor violations of this section. 
 26.36     (e) The court must impose consecutive sentences when it 
 27.1   sentences a person for a violation of this section or section 
 27.2   169.29 arising out of separate behavioral incidents.  The court 
 27.3   also must impose a consecutive sentence when it sentences a 
 27.4   person for a violation of this section or section 169.129 and 
 27.5   the person, at the time of sentencing, is on probation for, or 
 27.6   serving, an executed sentence for a violation of this section or 
 27.7   section 169.29 and the prior sentence involved a separate 
 27.8   behavioral incident.  The court also may order that the sentence 
 27.9   imposed for a violation of this section or section 169.29 shall 
 27.10  run consecutively to a previously imposed misdemeanor, gross 
 27.11  misdemeanor or felony sentence for a violation other than this 
 27.12  section or section 169.129. 
 27.13     (f) The court may impose consecutive sentences for offenses 
 27.14  arising out of a single course of conduct as permitted in 
 27.15  section 609.035, subdivision 2.  
 27.16     (g) When an attorney responsible for prosecuting gross 
 27.17  misdemeanors under this section requests criminal history 
 27.18  information relating to prior impaired driving convictions from 
 27.19  a court, the court must furnish the information without charge. 
 27.20     (g) (h) A violation of subdivision 1a may be prosecuted 
 27.21  either in the jurisdiction where the arresting officer observed 
 27.22  the defendant driving, operating, or in control of the motor 
 27.23  vehicle or in the jurisdiction where the refusal occurred. 
 27.24     Sec. 45.  Minnesota Statutes 1994, section 169.121, 
 27.25  subdivision 4, is amended to read: 
 27.26     Subd. 4.  [ADMINISTRATIVE PENALTIES.] (a) The commissioner 
 27.27  of public safety shall revoke the driver's license of a person 
 27.28  convicted of violating this section or an ordinance in 
 27.29  conformity with it as follows:  
 27.30     (1) first for an offense under subdivision 1:  not less 
 27.31  than 30 days; 
 27.32     (2) first for an offense under subdivision 1a:  not less 
 27.33  than 90 days; 
 27.34     (3) second offense in less than five years, or third or 
 27.35  subsequent offense on the record for an offense occurring within 
 27.36  five years after a prior impaired driving conviction or a prior 
 28.1   license revocation, or any time after the first of two or more 
 28.2   prior impaired driving convictions or prior license 
 28.3   revocations:  (i) if the current conviction is for a violation 
 28.4   of subdivision 1, not less than 180 days and until the court has 
 28.5   certified that treatment or rehabilitation has been successfully 
 28.6   completed where prescribed in accordance with section 169.126; 
 28.7   or (ii) if the current conviction is for a violation of 
 28.8   subdivision 1a, not less than one year and until the court has 
 28.9   certified that treatment or rehabilitation has been successfully 
 28.10  completed where prescribed in accordance with section 169.126; 
 28.11     (4) third offense in less than five years for an offense 
 28.12  occurring within five years after the first of two prior 
 28.13  impaired driving convictions or prior license revocations:  not 
 28.14  less than one year, together with denial under section 171.04, 
 28.15  subdivision 1, clause (8), until rehabilitation is established 
 28.16  in accordance with standards established by the commissioner; 
 28.17     (5) fourth or subsequent offense on the record for an 
 28.18  offense occurring any time after the first of three or more 
 28.19  prior impaired driving convictions or prior license 
 28.20  revocations:  not less than two years, together with denial 
 28.21  under section 171.04, subdivision 1, clause (8), until 
 28.22  rehabilitation is established in accordance with standards 
 28.23  established by the commissioner.  
 28.24     (b) If the person convicted of violating this section is 
 28.25  under the age of 21 years, the commissioner of public safety 
 28.26  shall revoke the offender's driver's license or operating 
 28.27  privileges for a period of six months or for the appropriate 
 28.28  period of time under paragraph (a), clauses (1) to (5), for the 
 28.29  offense committed, whichever is the greatest period.  
 28.30     (c) For purposes of this subdivision, a juvenile 
 28.31  adjudication under this section, section 169.129, an ordinance 
 28.32  in conformity with either of them, or a statute or ordinance 
 28.33  from another state in conformity with either of them is an 
 28.34  offense.  
 28.35     (d) Whenever department records show that the violation 
 28.36  involved personal injury or death to any person, not less than 
 29.1   90 additional days shall be added to the base periods provided 
 29.2   above.  
 29.3      (e) Except for a person whose license has been revoked 
 29.4   under paragraph (b), and except for a person who commits a 
 29.5   violation described in subdivision 3, paragraph (c), clause (4), 
 29.6   (child endangerment), any person whose license has been revoked 
 29.7   pursuant to section 169.123 as the result of the same incident, 
 29.8   and who does not have a prior impaired driving conviction or 
 29.9   prior license revocation as defined in subdivision 3 within the 
 29.10  previous ten years, is subject to the mandatory revocation 
 29.11  provisions of paragraph (a), clause (1) or (2), in lieu of the 
 29.12  mandatory revocation provisions of section 169.123. 
 29.13     (f) As used in this subdivision, the terms "prior impaired 
 29.14  driving conviction" and "prior license revocation" have the 
 29.15  meanings given in subdivision 3, paragraph (a). 
 29.16     Sec. 46.  Minnesota Statutes 1994, section 169.121, 
 29.17  subdivision 6, is amended to read: 
 29.18     Subd. 6.  [PRELIMINARY SCREENING TEST.] (a) When a peace 
 29.19  officer has reason to believe from the manner in which a person 
 29.20  is driving, operating, controlling, or acting upon departure 
 29.21  from a motor vehicle, or has driven, operated, or controlled a 
 29.22  motor vehicle, that the driver may be violating or has violated 
 29.23  subdivision 1 or section 169.1211, the officer may require the 
 29.24  driver to provide a sample of the driver's breath for a 
 29.25  preliminary screening test using a device approved by the 
 29.26  commissioner of public safety for this purpose. 
 29.27     (b) The results of this preliminary screening test shall be 
 29.28  used for the purpose of deciding whether an arrest should be 
 29.29  made and whether to require the tests authorized in section 
 29.30  169.123, but shall not be used in any court action except (1) to 
 29.31  prove that a test was properly required of a person pursuant to 
 29.32  section 169.123, subdivision 2; (2) in a civil action arising 
 29.33  out of the operation or use of the motor vehicle; (3) in an 
 29.34  action for license reinstatement under section 171.19; or (4) in 
 29.35  a prosecution or juvenile court proceeding concerning a 
 29.36  violation of section 340A.503, subdivision 1, paragraph (a), 
 30.1   clause (2). 
 30.2      (c) Following the screening test additional tests may be 
 30.3   required of the driver pursuant to the provisions of section 
 30.4   169.123. 
 30.5      (d) The driver who refuses to furnish a sample of the 
 30.6   driver's breath is subject to the provisions of section 169.123 
 30.7   unless, in compliance with section 169.123, the driver submits 
 30.8   to a blood, breath or urine test to determine the presence of 
 30.9   alcohol or a controlled substance, drugs, impairing substances, 
 30.10  or hazardous substances.  
 30.11     Sec. 47.  Minnesota Statutes 1994, section 169.121, 
 30.12  subdivision 10a, is amended to read: 
 30.13     Subd. 10a.  [CIVIL ACTION; PUNITIVE DAMAGES.] In a civil 
 30.14  action involving a motor vehicle accident, it is sufficient for 
 30.15  the trier of fact to consider an award of punitive damages if 
 30.16  there is evidence that the accident was caused by a driver: 
 30.17     (1) with a blood an alcohol concentration of .10 or more,; 
 30.18     (2) who was under the influence of a controlled substance, 
 30.19  or drug that affects the nervous system, brain, or muscles of 
 30.20  the person so as to impair the person's ability to drive or 
 30.21  operate the motor vehicle; 
 30.22     (3) who was under the influence of alcohol and refused to 
 30.23  take a test required under section 169.123, subdivision 2, is 
 30.24  sufficient for the trier of fact to consider an award of 
 30.25  punitive damages; or 
 30.26     (4) who was knowingly under the influence of a hazardous 
 30.27  substance or an impairing substance that affects the person's 
 30.28  nervous system, brain, or muscles so as to impair the person's 
 30.29  ability to drive or operate a motor vehicle. 
 30.30     A criminal charge or conviction is not a prerequisite to 
 30.31  consideration of punitive damages under this subdivision.  At 
 30.32  the trial in an action where the trier of fact will consider an 
 30.33  award of punitive damages, evidence that the driver has been 
 30.34  convicted of violating this section, section 169.129, or 609.21 
 30.35  is admissible into evidence. 
 30.36     Sec. 48.  [169.1218] [UNDERAGE DRINKING AND DRIVING.] 
 31.1      (a) It is a misdemeanor for a person under the age of 21 
 31.2   years to drive, operate, or be in physical control of a motor 
 31.3   vehicle while consuming alcoholic beverages, or after having 
 31.4   consumed alcoholic beverages while there is physical evidence of 
 31.5   the consumption present in the person's body. 
 31.6      (b) When a person is found to have committed an offense 
 31.7   under paragraph (a), the court shall notify the commissioner of 
 31.8   public safety of its determination.  Upon receipt of the court's 
 31.9   determination, the commissioner shall suspend the person's 
 31.10  driver's license or operating privileges for 30 days, or for 180 
 31.11  days if the person has previously been found to have violated 
 31.12  paragraph (a) or a statute or ordinance in conformity with 
 31.13  paragraph (a). 
 31.14     (c) If the person's conduct violates section 169.121, 
 31.15  subdivision 1, or 169.1211, the penalties and license sanctions 
 31.16  in those laws apply instead of the license sanction in paragraph 
 31.17  (b). 
 31.18     (d) An offense under paragraph (a) may be prosecuted either 
 31.19  at the place where consumption occurs or the place where 
 31.20  evidence of consumption is observed. 
 31.21     Sec. 49.  Minnesota Statutes 1994, section 169.123, 
 31.22  subdivision 2, is amended to read: 
 31.23     Subd. 2.  [IMPLIED CONSENT; CONDITIONS; ELECTION OF TEST.] 
 31.24  (a) Any person who drives, operates, or is in physical control 
 31.25  of a motor vehicle within this state or upon the ice of any 
 31.26  boundary water of this state consents, subject to the provisions 
 31.27  of this section and sections 169.121 and 169.1211, to a chemical 
 31.28  test of that person's blood, breath, or urine for the purpose of 
 31.29  determining the presence of alcohol or a controlled substance, 
 31.30  drugs, impairing substances, or hazardous substances.  The test 
 31.31  shall be administered at the direction of a peace officer.  The 
 31.32  test may be required of a person when an officer has probable 
 31.33  cause to believe the person was driving, operating, or in 
 31.34  physical control of a motor vehicle in violation of section 
 31.35  169.121 and one of the following conditions exist: 
 31.36     (1) the person has been lawfully placed under arrest for 
 32.1   violation of section 169.121, or an ordinance in conformity with 
 32.2   it; 
 32.3      (2) the person has been involved in a motor vehicle 
 32.4   accident or collision resulting in property damage, personal 
 32.5   injury, or death; 
 32.6      (3) the person has refused to take the screening test 
 32.7   provided for by section 169.121, subdivision 6; or 
 32.8      (4) the screening test was administered and indicated an 
 32.9   alcohol concentration of 0.10 or more or the presence of a drug, 
 32.10  impairing substance, or hazardous substance.  
 32.11     The test may also be required of a person when an officer 
 32.12  has probable cause to believe the person was driving, operating, 
 32.13  or in physical control of a commercial motor vehicle with the 
 32.14  presence of any alcohol. 
 32.15     (b) At the time a test is requested, the person shall be 
 32.16  informed: 
 32.17     (1) that Minnesota law requires the person to take a test: 
 32.18  (i) to determine if the person is under the influence of alcohol 
 32.19  or, drugs, impairing substances, or hazardous substances; (ii) 
 32.20  to determine the presence of a controlled substance listed in 
 32.21  schedule I or II; or, (iii) if the motor vehicle was a 
 32.22  commercial motor vehicle, that Minnesota law requires the person 
 32.23  to take a test to determine the presence of alcohol; 
 32.24     (2) that refusal to take a test is a crime; 
 32.25     (3) if the peace officer has probable cause to believe the 
 32.26  person has violated the criminal vehicular homicide and injury 
 32.27  laws, that a test will be taken with or without the person's 
 32.28  consent; and 
 32.29     (4) that the person has the right to consult with an 
 32.30  attorney, but that this right is limited to the extent that it 
 32.31  cannot unreasonably delay administration of the test. 
 32.32     (c) The peace officer who requires a test pursuant to this 
 32.33  subdivision may direct whether the test shall be of blood, 
 32.34  breath, or urine.  Action may be taken against a person who 
 32.35  refuses to take a blood test only if an alternative test was 
 32.36  offered and action may be taken against a person who refuses to 
 33.1   take a urine test only if an alternative test was offered. 
 33.2      Sec. 50.  Minnesota Statutes 1994, section 169.123, 
 33.3   subdivision 2a, is amended to read: 
 33.4      Subd. 2a.  [REQUIREMENT OF URINE OR BLOOD TEST.] 
 33.5   Notwithstanding subdivision 2, if there is probable cause to 
 33.6   believe (1) there is impairment by a drug, impairing substance, 
 33.7   or hazardous substance, or (2) that a controlled substance 
 33.8   listed in schedule I or II is present in the person's body, that 
 33.9   is not subject to testing by a breath test, a urine or blood 
 33.10  test may be required even after a breath test has been 
 33.11  administered.  Action may be taken against a person who refuses 
 33.12  to take a blood test under this subdivision only if a urine test 
 33.13  was offered and action may be taken against a person who refuses 
 33.14  to take a urine test only if a blood test was offered. 
 33.15     Sec. 51.  Minnesota Statutes 1994, section 169.123, 
 33.16  subdivision 3, is amended to read: 
 33.17     Subd. 3.  [MANNER OF MAKING TEST; ADDITIONAL TESTS.] (a) 
 33.18  Only a physician, medical technician, physician's trained mobile 
 33.19  intensive care paramedic, registered nurse, medical technologist 
 33.20  or laboratory assistant acting at the request of a peace officer 
 33.21  may withdraw blood for the purpose of determining the presence 
 33.22  of alcohol or controlled substance, drugs, impairing substances, 
 33.23  or hazardous substances.  This limitation does not apply to the 
 33.24  taking of a breath or urine sample.  The person tested has the 
 33.25  right to have someone of the person's own choosing administer a 
 33.26  chemical test or tests in addition to any administered at the 
 33.27  direction of a peace officer; provided, that the additional test 
 33.28  sample on behalf of the person is obtained at the place where 
 33.29  the person is in custody, after the test administered at the 
 33.30  direction of a peace officer, and at no expense to the state. 
 33.31     (b) The failure or inability to obtain an additional test 
 33.32  or tests by a person shall not preclude the admission in 
 33.33  evidence of the test taken at the direction of a peace officer 
 33.34  unless the additional test was prevented or denied by the peace 
 33.35  officer. 
 33.36     (c) The physician, medical technician, physician's trained 
 34.1   mobile intensive care paramedic, medical technologist, 
 34.2   laboratory assistant or registered nurse drawing blood at the 
 34.3   request of a peace officer for the purpose of 
 34.4   determining alcohol the concentration of alcohol, drugs, 
 34.5   impairing substances, or hazardous substances shall in no manner 
 34.6   be liable in any civil or criminal action except for negligence 
 34.7   in drawing the blood.  The person administering a breath test 
 34.8   shall be fully trained in the administration of breath tests 
 34.9   pursuant to training given by the commissioner of public safety. 
 34.10     Sec. 52.  Minnesota Statutes 1994, section 169.123, 
 34.11  subdivision 4, is amended to read: 
 34.12     Subd. 4.  [REFUSAL; REVOCATION OF LICENSE.] (a) If a person 
 34.13  refuses to permit a test, none shall be given, but the peace 
 34.14  officer shall report the refusal to the commissioner of public 
 34.15  safety and the authority having responsibility for prosecution 
 34.16  of misdemeanor offenses for the jurisdiction in which the acts 
 34.17  occurred.  However, if a peace officer has probable cause to 
 34.18  believe that the person has violated section 609.21, a test may 
 34.19  be required and obtained despite the person's refusal.  A 
 34.20  refusal to submit to an alcohol concentration test does not 
 34.21  constitute a violation of section 609.50, unless the refusal was 
 34.22  accompanied by force or violence or the threat of force or 
 34.23  violence.  
 34.24     (b) If a person submits to a test and the test results 
 34.25  indicate an alcohol concentration of 0.10 or more or the 
 34.26  presence of drugs, impairing substances, or hazardous 
 34.27  substances, or if a person was driving, operating, or in 
 34.28  physical control of a commercial motor vehicle and the test 
 34.29  results indicate an alcohol concentration of 0.04 or more, the 
 34.30  results of the test shall be reported to the commissioner of 
 34.31  public safety and to the authority having responsibility for 
 34.32  prosecution of misdemeanor offenses for the jurisdiction in 
 34.33  which the acts occurred. 
 34.34     (c) Upon certification by the peace officer that there 
 34.35  existed probable cause to believe the person had been driving, 
 34.36  operating, or in physical control of a motor vehicle while under 
 35.1   the influence of alcohol or a controlled substance in violation 
 35.2   of section 169.121 and that the person refused to submit to a 
 35.3   test, the commissioner of public safety shall revoke the 
 35.4   person's license or permit to drive, or nonresident operating 
 35.5   privilege, for a period of one year even if a test was obtained 
 35.6   pursuant to this section after the person refused to submit to 
 35.7   testing.  
 35.8      (d) Upon certification by the peace officer that there 
 35.9   existed probable cause to believe the person had been driving, 
 35.10  operating, or in physical control of a commercial motor vehicle 
 35.11  with the presence of any alcohol, drugs, impairing substances, 
 35.12  or hazardous substances, and that the person refused to submit 
 35.13  to a test, the commissioner shall disqualify the person from 
 35.14  operating a commercial motor vehicle for a period of one year 
 35.15  under section 171.165 and shall revoke the person's license or 
 35.16  permit to drive or nonresident operating privilege for a period 
 35.17  of one year.  
 35.18     (e) Upon certification by the peace officer that there 
 35.19  existed probable cause to believe the person had been driving, 
 35.20  operating or in physical control of a motor vehicle while under 
 35.21  the influence of alcohol or a controlled substance in violation 
 35.22  of section 169.121 and that the person submitted to a test and 
 35.23  the test results indicate an alcohol concentration of 0.10 or 
 35.24  more or the presence of a drug, impairing substance, or 
 35.25  hazardous substance, the commissioner of public safety shall 
 35.26  revoke the person's license or permit to drive, or nonresident 
 35.27  operating privilege, for: 
 35.28     (1) for a period of 90 days; or 
 35.29     (2) if the person is under the age of 21 years, for a 
 35.30  period of six months; or 
 35.31     (3) if the person's driver's license or driving privileges 
 35.32  have been revoked for a person with a prior impaired driving 
 35.33  conviction or prior license revocation within the past five 
 35.34  years under this section or section 169.121, for a period of 180 
 35.35  days.  
 35.36     (f) On certification by the peace officer that there 
 36.1   existed probable cause to believe the person had been driving, 
 36.2   operating, or in physical control of a commercial motor vehicle 
 36.3   with any presence of alcohol and that the person submitted to a 
 36.4   test and the test results indicated an alcohol concentration of 
 36.5   0.04 or more, the commissioner of public safety shall disqualify 
 36.6   the person from operating a commercial motor vehicle under 
 36.7   section 171.165.  
 36.8      (g) If the person is a resident without a license or permit 
 36.9   to operate a motor vehicle in this state, the commissioner of 
 36.10  public safety shall deny to the person the issuance of a license 
 36.11  or permit for the same period after the date of the alleged 
 36.12  violation as provided herein for revocation, subject to review 
 36.13  as hereinafter provided. 
 36.14     (h) As used in this subdivision, the terms "prior impaired 
 36.15  driving conviction" and "prior license revocation" have the 
 36.16  meanings given in section 169.121, subdivision 3, paragraph (a). 
 36.17     Sec. 53.  Minnesota Statutes 1994, section 169.123, 
 36.18  subdivision 6, is amended to read: 
 36.19     Subd. 6.  [HEARING.] (a) A hearing under this section shall 
 36.20  be before a municipal or county district judge, in any county in 
 36.21  the judicial district where the alleged offense occurred.  The 
 36.22  hearing shall be to the court and may be conducted at the same 
 36.23  time and in the same manner as hearings upon pretrial motions in 
 36.24  the criminal prosecution under section 169.121, if any.  The 
 36.25  hearing shall be recorded.  The commissioner of public safety 
 36.26  shall appear and be represented by the attorney general or 
 36.27  through the prosecuting authority for the jurisdiction involved. 
 36.28  The hearing shall be held at the earliest practicable date, and 
 36.29  in any event no later than 60 days following the filing of the 
 36.30  petition for review.  The judicial district administrator shall 
 36.31  establish procedures to ensure efficient compliance with the 
 36.32  provisions of this subdivision.  To accomplish this, the 
 36.33  administrator may, whenever possible, consolidate and transfer 
 36.34  review hearings among the county courts within the judicial 
 36.35  district.  
 36.36     (b) The scope of the hearing shall be limited to the issues 
 37.1   of in clauses (1) to (9): 
 37.2      (1) whether Did the peace officer had have probable cause 
 37.3   to believe the person was driving, operating, or in physical 
 37.4   control of: 
 37.5      (i) a motor vehicle while under the influence of alcohol or 
 37.6   a controlled substance, drugs, impairing substances, or 
 37.7   hazardous substances; or 
 37.8      (ii) a commercial motor vehicle with any presence of 
 37.9   alcohol, and whether in violation of section 169.1211? 
 37.10     (2) Was the person was lawfully placed under arrest for 
 37.11  violation of section 169.121 or 169.1211, or? 
 37.12     (3) Was the person was involved in a motor vehicle accident 
 37.13  or collision resulting in property damage, personal injury or 
 37.14  death, or? 
 37.15     (4) Did the person refused refuse to take a screening test 
 37.16  provided for by section 169.121, subdivision 6, or? 
 37.17     (5) If the screening test was administered and recorded, 
 37.18  did the test record an alcohol concentration of 0.10 or more; 
 37.19  and or the presence of a drug, impairing substance, or hazardous 
 37.20  substance? 
 37.21     (2) whether (6) At the time of the request for the test, 
 37.22  did the peace officer informed inform the person of the person's 
 37.23  rights and the consequences of taking or refusing the test as 
 37.24  required by subdivision 2; and? 
 37.25     (3) either (a) whether (7) Did the person refused refuse to 
 37.26  permit the test, or (b) whether? 
 37.27     (8) If a test was taken and: 
 37.28     (i) by a person driving, operating, or in physical control 
 37.29  of a motor vehicle, did the test results indicated indicate an 
 37.30  alcohol concentration of 0.10 or more at the time of testing, or 
 37.31  the presence of a drug, impairing substance, or hazardous 
 37.32  substance; or if a test was taken 
 37.33     (ii) by a person driving, operating, or in physical control 
 37.34  of a commercial motor vehicle and, did the test results 
 37.35  indicated indicate an alcohol concentration of 0.04 or more at 
 37.36  the time of testing; whether? 
 38.1      (9) Was the testing method used was valid and reliable; and 
 38.2   whether were the test results were accurately evaluated.? 
 38.3      (c) It shall be an affirmative defense for the petitioner 
 38.4   to prove that, at the time of the refusal, the petitioner's 
 38.5   refusal to permit the test was based upon reasonable grounds. 
 38.6      (d) Certified or otherwise authenticated copies of 
 38.7   laboratory or medical personnel reports, records, documents, 
 38.8   licenses and certificates shall be admissible as substantive 
 38.9   evidence.  
 38.10     (e) The court shall order that the revocation or 
 38.11  disqualification be either rescinded or sustained and forward 
 38.12  the order to the commissioner of public safety.  The court shall 
 38.13  file its order within 14 days following the hearing.  If the 
 38.14  revocation or disqualification is sustained, the court shall 
 38.15  also forward the person's driver's license or permit to the 
 38.16  commissioner of public safety for further action by the 
 38.17  commissioner of public safety if the license or permit is not 
 38.18  already in the commissioner's possession. 
 38.19     Sec. 54.  Minnesota Statutes 1994, section 169.129, is 
 38.20  amended to read: 
 38.21     169.129 [AGGRAVATED VIOLATIONS; PENALTY.] 
 38.22     Any person is guilty of a gross misdemeanor who drives, 
 38.23  operates, or is in physical control of a motor vehicle, the 
 38.24  operation of which requires a driver's license, within this 
 38.25  state or upon the ice of any boundary water of this state in 
 38.26  violation of section 169.121 or an ordinance in conformity with 
 38.27  it before the person's driver's license or driver's privilege 
 38.28  has been reinstated following its cancellation, suspension, 
 38.29  revocation, or denial under any of the following:  section 
 38.30  169.121, 169.1211, or 169.123; section 171.04, 171.14, 171.16, 
 38.31  171.17, or 171.18 because of an alcohol-related incident; 
 38.32  section 609.21, subdivision 1, clauses (2) to (4) (7); 609.21, 
 38.33  subdivision 2, clauses (2) to (4) (7); 609.21, subdivision 2a, 
 38.34  clauses (2) to (4) (7); 609.21, subdivision 2b, clauses (2) to 
 38.35  (7); 609.21, subdivision 3, clauses (2) to (4) (7); or 609.21, 
 38.36  subdivision 4, clauses (2) to (4) (7).  
 39.1      The attorney in the jurisdiction in which the violation of 
 39.2   this section occurred who is responsible for prosecution of 
 39.3   misdemeanor violations of section 169.121 shall also be 
 39.4   responsible for prosecution of violations of this section. 
 39.5      Sec. 55.  Minnesota Statutes 1994, section 169.791, is 
 39.6   amended by adding a subdivision to read: 
 39.7      Subd. 5a.  [CONSECUTIVE SENTENCES.] The court may impose 
 39.8   consecutive sentences for offenses arising out of a single 
 39.9   course of conduct as permitted in section 609.035, subdivision 2.
 39.10     Sec. 56.  Minnesota Statutes 1994, section 169.797, 
 39.11  subdivision 4, is amended to read: 
 39.12     Subd. 4.  [PENALTY.] (a) A person who violates this section 
 39.13  is guilty of a misdemeanor.  A person is guilty of a gross 
 39.14  misdemeanor who violates this section within ten years of the 
 39.15  first of two prior convictions under this section, section 
 39.16  169.791, or a statute or ordinance in conformity with one of 
 39.17  those sections.  The operator of a vehicle who violates 
 39.18  subdivision 3 and who causes or contributes to causing a vehicle 
 39.19  accident that results in the death of any person or in 
 39.20  substantial bodily harm to any person, as defined in section 
 39.21  609.02, subdivision 7a, is guilty of a gross misdemeanor.  The 
 39.22  same prosecuting authority who is responsible for prosecuting 
 39.23  misdemeanor violations of this section is responsible for 
 39.24  prosecuting gross misdemeanor violations of this section.  In 
 39.25  addition to any sentence of imprisonment that the court may 
 39.26  impose on a person convicted of violating this section, the 
 39.27  court shall impose a fine of not less than $200 nor more than 
 39.28  the maximum amount authorized by law.  The court may allow 
 39.29  community service in lieu of any fine imposed if the defendant 
 39.30  is indigent. 
 39.31     (b) The court may impose consecutive sentences for offenses 
 39.32  arising out of a single course of conduct as permitted in 
 39.33  section 609.035, subdivision 2. 
 39.34     (c) In addition to the criminal penalty, the driver's 
 39.35  license of an operator convicted under this section shall be 
 39.36  revoked for not more than 12 months.  If the operator is also an 
 40.1   owner of the vehicle, the registration of the vehicle shall also 
 40.2   be revoked for not more than 12 months.  Before reinstatement of 
 40.3   a driver's license or registration, the operator shall file with 
 40.4   the commissioner of public safety the written certificate of an 
 40.5   insurance carrier authorized to do business in this state 
 40.6   stating that security has been provided by the operator as 
 40.7   required by section 65B.48. 
 40.8      (c) (d) The commissioner shall include a notice of the 
 40.9   penalties contained in this section on all forms for 
 40.10  registration of vehicles required to maintain a plan of 
 40.11  reparation security. 
 40.12     Sec. 57.  Minnesota Statutes 1995 Supplement, section 
 40.13  171.18, subdivision 1, is amended to read: 
 40.14     Subdivision 1.  [OFFENSES.] The commissioner may suspend 
 40.15  the license of a driver without preliminary hearing upon a 
 40.16  showing by department records or other sufficient evidence that 
 40.17  the licensee: 
 40.18     (1) has committed an offense for which mandatory revocation 
 40.19  of license is required upon conviction; 
 40.20     (2) has been convicted by a court for violating a provision 
 40.21  of chapter 169 or an ordinance regulating traffic and department 
 40.22  records show that the violation contributed in causing an 
 40.23  accident resulting in the death or personal injury of another, 
 40.24  or serious property damage; 
 40.25     (3) is an habitually reckless or negligent driver of a 
 40.26  motor vehicle; 
 40.27     (4) is an habitual violator of the traffic laws; 
 40.28     (5) is incompetent to drive a motor vehicle as determined 
 40.29  in a judicial proceeding; 
 40.30     (6) has permitted an unlawful or fraudulent use of the 
 40.31  license; 
 40.32     (7) has committed an offense in another state that, if 
 40.33  committed in this state, would be grounds for suspension; 
 40.34     (8) has committed a violation of section 169.444, 
 40.35  subdivision 2, paragraph (a), within five years of a prior 
 40.36  conviction under that section; 
 41.1      (9) has committed a violation of section 171.22, except 
 41.2   that the commissioner may not suspend a person's driver's 
 41.3   license based solely on the fact that the person possessed a 
 41.4   fictitious or fraudulently altered Minnesota identification 
 41.5   card; 
 41.6      (10) has failed to appear in court as provided in section 
 41.7   169.92, subdivision 4; or 
 41.8      (11) has failed to report a medical condition that, if 
 41.9   reported, would have resulted in cancellation of driving 
 41.10  privileges; or 
 41.11     (12) has been found to have committed an offense under 
 41.12  section 169.1218, paragraph (a). 
 41.13     However, an action taken by the commissioner under clause 
 41.14  (2) or (5) must conform to the recommendation of the court when 
 41.15  made in connection with the prosecution of the licensee. 
 41.16     Sec. 58.  Minnesota Statutes 1994, section 171.30, 
 41.17  subdivision 2a, is amended to read: 
 41.18     Subd. 2a.  [OTHER WAITING PERIODS.] Notwithstanding 
 41.19  subdivision 2, a limited license shall not be issued for a 
 41.20  period of: 
 41.21     (1) 15 days, to a person whose license or privilege has 
 41.22  been revoked or suspended for a violation of section 169.121, 
 41.23  169.123, or a statute or ordinance from another state in 
 41.24  conformity with either of those sections; 
 41.25     (2) 90 days, to a person who submitted to testing under 
 41.26  section 169.123 if the person's license or privilege has been 
 41.27  revoked or suspended for a second or subsequent violation of 
 41.28  section 169.121, 169.123, or a statute or ordinance from another 
 41.29  state in conformity with either of those sections; 
 41.30     (3) 180 days, to a person:  
 41.31     (i) who refused testing under section 169.123 if the 
 41.32  person's license or privilege has been revoked or suspended for 
 41.33  a second or subsequent violation of section 169.121, 169.123, or 
 41.34  a statute or ordinance from another state in conformity with 
 41.35  either of those sections; or 
 41.36     (ii) whose license or privilege has been revoked or 
 42.1   suspended for a violation of section 609.21, subdivision 2b; or 
 42.2      (4) one year, to a person whose license or privilege has 
 42.3   been revoked or suspended for committing manslaughter resulting 
 42.4   from the operation of a motor vehicle, committing criminal 
 42.5   vehicular homicide or injury under section 609.21, subdivisions 
 42.6   1, 2, 2a, 3, or 4, or violating a statute or ordinance from 
 42.7   another state in conformity with either of those offenses. 
 42.8      Sec. 59.  Minnesota Statutes 1994, section 171.30, is 
 42.9   amended by adding a subdivision to read: 
 42.10     Subd. 2b.  [WAITING PERIODS FOR YOUTH UNDER 18.] If a 
 42.11  person whose driver's license was suspended or revoked for a 
 42.12  violation listed under subdivision 2 or 2a is under the age of 
 42.13  18 years at the time of that violation, the commissioner shall 
 42.14  not issue a limited license to the person for a period of time 
 42.15  that is the longest of:  (1) 90 days; (2) twice the length of 
 42.16  the period specified for that violation in subdivision 2 or 2a; 
 42.17  or (3) until the person's 18th birthday. 
 42.18     Sec. 60.  [171.302] [LICENSE VIOLATIONS; CONSECUTIVE 
 42.19  SENTENCING.] 
 42.20     When sentencing an offender for violating section 171.20, 
 42.21  subdivision 2; 171.24; or 171.30, the court may impose 
 42.22  consecutive sentences for offenses arising out of a single 
 42.23  course of conduct as permitted in section 609.035, subdivision 2.
 42.24     Sec. 61.  Minnesota Statutes 1995 Supplement, section 
 42.25  340A.503, subdivision 1, is amended to read: 
 42.26     Subdivision 1.  [CONSUMPTION.] (a) It is unlawful for any: 
 42.27     (1) retail intoxicating liquor or nonintoxicating liquor 
 42.28  licensee, municipal liquor store, or bottle club permit holder 
 42.29  under section 340A.414, to permit any person under the age of 21 
 42.30  years to drink alcoholic beverages on the licensed premises or 
 42.31  within the municipal liquor store; or 
 42.32     (2) person under the age of 21 years to consume any 
 42.33  alcoholic beverages.  If proven by a preponderance of the 
 42.34  evidence, it is an affirmative defense to a violation of this 
 42.35  clause that the defendant consumed the alcoholic beverage in the 
 42.36  household of the defendant's parent or guardian and with the 
 43.1   consent of the parent or guardian.  
 43.2      (b) An offense under paragraph (a), clause (2), may be 
 43.3   prosecuted either at the place where consumption occurs or the 
 43.4   place where evidence of consumption is observed. 
 43.5      (c) When a person is convicted of or adjudicated for an 
 43.6   offense under paragraph (a), clause (2), the court shall 
 43.7   determine whether the person consumed the alcohol while 
 43.8   operating a motor vehicle.  If so, the court shall notify the 
 43.9   commissioner of public safety of its determination.  Upon 
 43.10  receipt of the court's determination, the commissioner shall 
 43.11  suspend the person's driver's license or operating privileges 
 43.12  for 30 days, or for 180 days if the person has previously been 
 43.13  convicted of or adjudicated for an offense under paragraph (a), 
 43.14  clause (2).  
 43.15     (d) As used in this subdivision, "consume" includes the 
 43.16  ingestion of an alcoholic beverage and the physical condition of 
 43.17  having ingested an alcoholic beverage. 
 43.18     Sec. 62.  Minnesota Statutes 1994, section 360.0752, 
 43.19  subdivision 1, is amended to read: 
 43.20     Subdivision 1.  [DEFINITION DEFINITIONS.] As used in this 
 43.21  section and section 360.0753,: 
 43.22     (1) "operate" includes the acts of all crew members with 
 43.23  responsibility to operate the aircraft; 
 43.24     (2) "drug" has the meaning given in section 151.01, 
 43.25  subdivision 5, including controlled substances as defined in 
 43.26  section 152.01, subdivision 4; 
 43.27     (3) "hazardous substance" means any chemical or chemical 
 43.28  compound that is listed as a hazardous substance in rules 
 43.29  adopted under chapter 182; and 
 43.30     (4) "impairing substance" means any substance or 
 43.31  combination of substances, other than alcohol, a drug, or a 
 43.32  hazardous substance, which has the capacity to affect the 
 43.33  nervous system, brain, or muscles of a person so as to impair 
 43.34  the person's ability or capacity to drive, operate, or be in 
 43.35  physical control of a motor vehicle. 
 43.36     Sec. 63.  Minnesota Statutes 1994, section 360.0752, 
 44.1   subdivision 2, is amended to read: 
 44.2      Subd. 2.  [CRIME; ACTS PROHIBITED.] It is a crime for any 
 44.3   person to operate or attempt to operate an aircraft on or over 
 44.4   land or water within this state or over any boundary water of 
 44.5   this state: 
 44.6      (a) when the person is under the influence of alcohol; 
 44.7      (b) when the person is under the influence of a controlled 
 44.8   substance, as defined in section 152.01, subdivision 4 drug that 
 44.9   affects the nervous system, brain, or muscles of the person so 
 44.10  as to impair the person's ability to operate the aircraft; 
 44.11     (c) when the person is under the influence of a combination 
 44.12  of any two or more of the elements named in clauses (a), (b), 
 44.13  and (f); 
 44.14     (d) when the person's alcohol concentration is 0.04 or 
 44.15  more; 
 44.16     (e) when the person's alcohol concentration as measured 
 44.17  within two hours of the time of operation or attempted operation 
 44.18  is 0.04 or more; 
 44.19     (f) when the person is knowingly under the influence of any 
 44.20  chemical compound or combination of chemical compounds that is 
 44.21  listed as a hazardous substance in rules adopted under section 
 44.22  182.655 and or an impairing substance that affects the nervous 
 44.23  system, brain, or muscles of the person so as to substantially 
 44.24  impair the person's ability to operate the aircraft; or 
 44.25     (g) within eight hours of having consumed any alcoholic 
 44.26  beverage or used any controlled substance.  
 44.27     Sec. 64.  Minnesota Statutes 1994, section 360.0752, 
 44.28  subdivision 5, is amended to read: 
 44.29     Subd. 5.  [EVIDENCE.] Upon the trial of any prosecution 
 44.30  arising out of acts alleged to have been committed by any person 
 44.31  arrested for operating or attempting to operate an aircraft in 
 44.32  violation of subdivision 2, the court may admit evidence of the 
 44.33  amount of alcohol or a controlled substance, drugs, impairing 
 44.34  substances, or hazardous substances in the person's blood, 
 44.35  breath, or urine as shown by an analysis of those items.  
 44.36     Evidence of the refusal to take a test is admissible into 
 45.1   evidence in a prosecution under this section.  
 45.2      If proven by a preponderance of the evidence, it shall be 
 45.3   an affirmative defense to a violation of subdivision 2, clause 
 45.4   (e), that the defendant consumed a sufficient quantity of 
 45.5   alcohol after the time of the violation and before the 
 45.6   administration of the evidentiary test to cause the defendant's 
 45.7   alcohol concentration to exceed 0.04; provided, that this 
 45.8   evidence may not be admitted unless notice is given to the 
 45.9   prosecution prior to the omnibus or pretrial hearing in the 
 45.10  matter.  
 45.11     The foregoing provisions do not limit the introduction of 
 45.12  any other competent evidence bearing upon the question whether 
 45.13  or not the person violated this section, including tests 
 45.14  obtained more than two hours after the alleged violation and 
 45.15  results obtained from partial tests on an infrared 
 45.16  breath-testing instrument.  A result from a partial test is the 
 45.17  measurement obtained by analyzing one adequate breath sample, as 
 45.18  defined in section 360.0753, subdivision 4, paragraph (b).  
 45.19     Sec. 65.  Minnesota Statutes 1994, section 360.0752, 
 45.20  subdivision 7, is amended to read: 
 45.21     Subd. 7.  [PRELIMINARY SCREENING TEST.] When a peace 
 45.22  officer has reason to believe that a person may be violating or 
 45.23  has violated subdivision 2, the officer may require the person 
 45.24  to provide a sample of the person's breath for a preliminary 
 45.25  screening test using a device approved by the commissioner of 
 45.26  public safety or the commissioner of transportation for this 
 45.27  purpose.  The results of this preliminary screening test shall 
 45.28  be used for the purpose of deciding whether to require the tests 
 45.29  authorized in section 360.0753, but shall not be used in any 
 45.30  court action except to prove that a test was properly required 
 45.31  of a person pursuant to section 360.0753.  Following the 
 45.32  screening test, additional tests may be required of the person 
 45.33  pursuant to the provisions of section 360.0753.  
 45.34     A person who refuses to furnish a sample of the person's 
 45.35  breath is subject to the provisions of section 360.0753 unless, 
 45.36  in compliance with section 360.0753, the person submits to a 
 46.1   blood, breath, or urine test to determine the presence of 
 46.2   alcohol or a controlled substance, drugs, impairing substances, 
 46.3   or hazardous substances.  
 46.4      Sec. 66.  Minnesota Statutes 1994, section 360.0753, 
 46.5   subdivision 2, is amended to read: 
 46.6      Subd. 2.  [IMPLIED CONSENT; CONDITIONS; ELECTION AS TO TYPE 
 46.7   OF TEST.] (a) Any person who operates or attempts to operate an 
 46.8   aircraft in or over this state or over any boundary water of 
 46.9   this state consents, subject to the provisions of this section 
 46.10  and section 360.0752, to a chemical test of that person's blood, 
 46.11  breath, or urine for the purpose of determining the presence of 
 46.12  alcohol or a controlled substance, drugs, impairing substances, 
 46.13  or hazardous substances.  The test shall be administered at the 
 46.14  direction of a peace officer.  The test may be required of a 
 46.15  person when an officer has probable cause to believe the person 
 46.16  was operating or attempting to operate an aircraft in violation 
 46.17  of section 360.0752 and one of the following conditions exists:  
 46.18     (1) the person has been lawfully placed under arrest for 
 46.19  violation of section 360.0752; 
 46.20     (2) the person has been involved in an aircraft accident or 
 46.21  collision resulting in property damage, personal injury, or 
 46.22  death; 
 46.23     (3) the person has refused to take the screening test 
 46.24  provided for by section 360.0752; 
 46.25     (4) the screening test was administered and recorded an 
 46.26  alcohol concentration of 0.04 or more or the presence of a drug, 
 46.27  impairing substance, or hazardous substance; or 
 46.28     (5) the officer had probable cause to believe that the 
 46.29  person was operating or attempting to operate an aircraft with 
 46.30  any amount of alcohol present in the person's body.  
 46.31     (b) At the time a test is requested, the person shall be 
 46.32  informed:  
 46.33     (1) that Minnesota law requires the person to take a test 
 46.34  to determine the presence of alcohol, drugs, impairing 
 46.35  substances, or hazardous substances or to determine if the 
 46.36  person is under the influence of alcohol or a controlled 
 47.1   substance, drugs, impairing substances, or hazardous substances; 
 47.2      (2) that whether a test is taken or refused, the person may 
 47.3   be subject to criminal prosecution for an alcohol or controlled 
 47.4   substance, drug, impairing substance, or hazardous substance 
 47.5   related offense relating to the operation of an aircraft; 
 47.6      (3) that if testing is refused, the person may be subject 
 47.7   to criminal prosecution because the person refused testing and 
 47.8   the person will be disqualified from operating an aircraft for a 
 47.9   minimum period of one year; 
 47.10     (4) if the peace officer has probable cause to believe the 
 47.11  person has violated the criminal vehicular homicide and injury 
 47.12  laws, that a test will be taken with or without the person's 
 47.13  consent; and 
 47.14     (5) that the person has the right to consult with an 
 47.15  attorney, but that this right is limited to the extent that it 
 47.16  cannot unreasonably delay administration of the test.  
 47.17     (c) The peace officer who requires a test pursuant to this 
 47.18  subdivision may direct whether the test shall be of blood, 
 47.19  breath, or urine.  Action may be taken against a person who 
 47.20  refuses to take a blood test only if an alternative test was 
 47.21  offered, and action may be taken against a person who refuses to 
 47.22  take a urine test only if an alternative test was offered.  
 47.23     Sec. 67.  Minnesota Statutes 1994, section 360.0753, 
 47.24  subdivision 3, is amended to read: 
 47.25     Subd. 3.  [REQUIREMENT OF URINE OR BLOOD TEST.] 
 47.26  Notwithstanding subdivision 2, if there is probable cause to 
 47.27  believe there is impairment by a controlled drug, impairing 
 47.28  substance, or hazardous substance that is not subject to testing 
 47.29  by a breath test, then a urine or blood test may be required 
 47.30  even after a breath test has been administered.  Action may be 
 47.31  taken against a person who refuses to take a blood test under 
 47.32  this subdivision only if a urine test was offered, and action 
 47.33  may be taken against a person who refuses to take a urine test 
 47.34  only if a blood test was offered.  
 47.35     Sec. 68.  Minnesota Statutes 1994, section 360.0753, 
 47.36  subdivision 6, is amended to read: 
 48.1      Subd. 6.  [MANNER OF MAKING TEST; ADDITIONAL TESTS.] (a) 
 48.2   Only a physician, medical technician, physician's trained mobile 
 48.3   intensive care paramedic, registered nurse, medical 
 48.4   technologist, or laboratory assistant acting at the request of a 
 48.5   peace officer may withdraw blood for the purpose of determining 
 48.6   the presence of alcohol or controlled substance, drugs, 
 48.7   impairing substances, or hazardous substances.  This limitation 
 48.8   does not apply to the taking of a breath or urine sample.  The 
 48.9   person tested has the right to have someone of the person's own 
 48.10  choosing administer a chemical test or tests in addition to any 
 48.11  administered at the direction of a peace officer; provided, that 
 48.12  the additional test sample on behalf of the person is obtained 
 48.13  at the place where the person is in custody, after the test 
 48.14  administered at the direction of a peace officer, and at no 
 48.15  expense to the state. 
 48.16     (b) The failure or inability to obtain an additional test 
 48.17  or tests by a person shall not preclude the admission in 
 48.18  evidence of the test taken at the direction of a peace officer 
 48.19  unless the additional test was prevented or denied by the peace 
 48.20  officer. 
 48.21     (c) The physician, medical technician, physician's trained 
 48.22  mobile intensive care paramedic, medical technologist, 
 48.23  laboratory assistant, or registered nurse drawing blood at the 
 48.24  request of a peace officer for the purpose of 
 48.25  determining alcohol the concentration of alcohol, drugs, 
 48.26  impairing substances, or hazardous substances shall in no manner 
 48.27  be liable in any civil or criminal action except for negligence 
 48.28  in drawing the blood.  The person administering a breath test 
 48.29  shall be fully trained in the administration of breath tests 
 48.30  pursuant to training given by the commissioner of public safety 
 48.31  or the commissioner of transportation. 
 48.32     Sec. 69.  Minnesota Statutes 1994, section 609.21, is 
 48.33  amended to read: 
 48.34     609.21 [CRIMINAL VEHICULAR HOMICIDE AND INJURY.] 
 48.35     Subdivision 1.  [CRIMINAL VEHICULAR HOMICIDE.] Whoever 
 48.36  causes the death of a human being not constituting murder or 
 49.1   manslaughter as a result of operating a motor vehicle, 
 49.2      (1) in a grossly negligent manner; 
 49.3      (2) in a negligent manner while under the influence of: 
 49.4      (i) alcohol,; 
 49.5      (ii) a controlled substance, drug that affects the nervous 
 49.6   system, brain, or muscles of the person so as to impair the 
 49.7   person's ability to operate the motor vehicle; or 
 49.8      (iii) any combination of those elements; 
 49.9      (3) while having an alcohol concentration of 0.10 or more; 
 49.10  or 
 49.11     (4) while having an alcohol concentration of 0.10 or more, 
 49.12  as measured within two hours of the time of driving; 
 49.13     (5) in a negligent manner while knowingly under the 
 49.14  influence of a hazardous substance or an impairing substance; 
 49.15     (6) in a negligent manner while any amount of a controlled 
 49.16  substance listed in schedule I or II is present in the person's 
 49.17  body; or 
 49.18     (7) and, having caused the accident, leaves the scene of 
 49.19  the accident in violation of section 169.09, subdivision 1 or 6, 
 49.20  is guilty of criminal vehicular homicide resulting in death and 
 49.21  may be sentenced to imprisonment for not more than ten years or 
 49.22  to payment of a fine of not more than $20,000, or both. 
 49.23     Subd. 2.  [RESULTING IN GREAT BODILY HARM.] Whoever causes 
 49.24  great bodily harm to another, not constituting attempted murder 
 49.25  or assault, as a result of operating a motor vehicle, 
 49.26     (1) in a grossly negligent manner; 
 49.27     (2) in a negligent manner while under the influence of: 
 49.28     (i) alcohol,; 
 49.29     (ii) a controlled substance, drug that affects the nervous 
 49.30  system, brain, or muscles of the person so as to impair the 
 49.31  person's ability to operate the motor vehicle; or 
 49.32     (iii) any combination of those elements; 
 49.33     (3) while having an alcohol concentration of 0.10 or more; 
 49.34  or 
 49.35     (4) while having an alcohol concentration of 0.10 or more, 
 49.36  as measured within two hours of the time of driving; 
 50.1      (5) in a negligent manner while knowingly under the 
 50.2   influence of a hazardous substance or an impairing substance; 
 50.3      (6) in a negligent manner while any amount of a controlled 
 50.4   substance listed in schedule I or II is present in the person's 
 50.5   body; or 
 50.6      (7) and, having caused the accident, leaves the scene of 
 50.7   the accident in violation of section 169.09, subdivision 1 or 6, 
 50.8   is guilty of criminal vehicular operation resulting in great 
 50.9   bodily harm and may be sentenced to imprisonment for not more 
 50.10  than five years or to payment of a fine of not more than 
 50.11  $10,000, or both. 
 50.12     Subd. 2a.  [RESULTING IN SUBSTANTIAL BODILY HARM.] Whoever 
 50.13  causes substantial bodily harm to another, as a result of 
 50.14  operating a motor vehicle, 
 50.15     (1) in a grossly negligent manner; 
 50.16     (2) in a negligent manner while under the influence of: 
 50.17     (i) alcohol,; 
 50.18     (ii) a controlled substance, drug that affects the nervous 
 50.19  system, brain, or muscles of the person so as to impair the 
 50.20  person's ability to operate the motor vehicle; or 
 50.21     (iii) any combination of those elements; 
 50.22     (3) while having an alcohol concentration of 0.10 or more; 
 50.23  or 
 50.24     (4) while having an alcohol concentration of 0.10 or more, 
 50.25  as measured within two hours of the time of driving; 
 50.26     (5) in a negligent manner while knowingly under the 
 50.27  influence of a hazardous substance or an impairing substance; 
 50.28     (6) in a negligent manner while any amount of a controlled 
 50.29  substance listed in schedule I or II is present in the person's 
 50.30  body; or 
 50.31     (7) and, having caused the accident, leaves the scene of 
 50.32  the accident in violation of section 169.09, subdivision 1 or 6, 
 50.33  is guilty of criminal vehicular operation resulting in 
 50.34  substantial bodily harm and may be sentenced to imprisonment for 
 50.35  not more than three years or to payment of a fine of not more 
 50.36  than $10,000, or both. 
 51.1      Subd. 2b.  [RESULTING IN BODILY HARM.] A person is guilty 
 51.2   of criminal vehicular operation resulting in bodily harm and may 
 51.3   be sentenced to imprisonment for not more than one year or to 
 51.4   payment of a fine of not more than $3,000, or both, if the 
 51.5   person causes bodily harm to another, as a result of operating a 
 51.6   motor vehicle: 
 51.7      (1) in a grossly negligent manner; 
 51.8      (2) in a negligent manner while under the influence of: 
 51.9      (i) alcohol; 
 51.10     (ii) a drug that affects the nervous system, brain, or 
 51.11  muscles of the person so as to impair the person's ability to 
 51.12  operate the motor vehicle; or 
 51.13     (iii) any combination of those elements; 
 51.14     (3) while having an alcohol concentration of 0.10 or more; 
 51.15     (4) while having an alcohol concentration of 0.10 or more, 
 51.16  as measured within two hours of the time of driving; 
 51.17     (5) in a negligent manner while knowingly under the 
 51.18  influence of a hazardous substance or an impairing substance; 
 51.19     (6) in a negligent manner while any amount of a controlled 
 51.20  substance listed in schedule I or II is present in the person's 
 51.21  body; or 
 51.22     (7) and, having caused the accident, leaves the scene of 
 51.23  the accident in violation of section 169.09, subdivision 1 or 6. 
 51.24     Subd. 3.  [RESULTING IN DEATH TO AN UNBORN CHILD.] Whoever 
 51.25  causes the death of an unborn child as a result of operating a 
 51.26  motor vehicle, 
 51.27     (1) in a grossly negligent manner; 
 51.28     (2) in a negligent manner while under the influence of: 
 51.29     (i) alcohol,; 
 51.30     (ii) a controlled substance, drug that affects the nervous 
 51.31  system, brain, or muscles of the person so as to impair the 
 51.32  person's ability to operate the motor vehicle; or 
 51.33     (iii) any combination of those elements; 
 51.34     (3) while having an alcohol concentration of 0.10 or more; 
 51.35  or 
 51.36     (4) while having an alcohol concentration of 0.10 or more, 
 52.1   as measured within two hours of the time of driving; 
 52.2      (5) in a negligent manner while knowingly under the 
 52.3   influence of a hazardous substance or an impairing substance; 
 52.4      (6) in a negligent manner while any amount of a controlled 
 52.5   substance listed in schedule I or II is present in the person's 
 52.6   body; or 
 52.7      (7) and, having caused the accident, leaves the scene of 
 52.8   the accident in violation of section 169.09, subdivision 1 or 6, 
 52.9   is guilty of criminal vehicular operation resulting in death to 
 52.10  an unborn child and may be sentenced to imprisonment for not 
 52.11  more than ten years or to payment of a fine of not more than 
 52.12  $20,000, or both.  A prosecution for or conviction of a crime 
 52.13  under this subdivision is not a bar to conviction of or 
 52.14  punishment for any other crime committed by the defendant as 
 52.15  part of the same conduct. 
 52.16     Subd. 4.  [RESULTING IN INJURY TO UNBORN CHILD.] Whoever 
 52.17  causes great bodily harm to an unborn child who is subsequently 
 52.18  born alive, as a result of operating a motor vehicle, 
 52.19     (1) in a grossly negligent manner; 
 52.20     (2) in a negligent manner while under the influence of:  
 52.21     (i) alcohol,; 
 52.22     (ii) a controlled substance, drug that affects the nervous 
 52.23  system, brain, or muscles of the person so as to impair the 
 52.24  person's ability to operate the motor vehicle; or 
 52.25     (iii) any combination of those elements; 
 52.26     (3) while having an alcohol concentration of 0.10 or more; 
 52.27  or 
 52.28     (4) while having an alcohol concentration of 0.10 or more; 
 52.29     (5) in a negligent manner while knowingly under the 
 52.30  influence of a hazardous substance or an impairing substance; 
 52.31     (6) in a negligent manner while any amount of a controlled 
 52.32  substance listed in schedule I or II is present in the person's 
 52.33  body; or 
 52.34     (7) and, having caused the accident, leaves the scene of 
 52.35  the accident in violation of section 169.09, subdivision 1 or 6, 
 52.36  as measured within two hours of the time of driving, 
 53.1   is guilty of criminal vehicular operation resulting in injury to 
 53.2   an unborn child and may be sentenced to imprisonment for not 
 53.3   more than five years or to payment of a fine of not more than 
 53.4   $10,000, or both.  A prosecution for or conviction of a crime 
 53.5   under this subdivision is not a bar to conviction of or 
 53.6   punishment for any other crime committed by the defendant as 
 53.7   part of the same conduct. 
 53.8      Subd. 4a.  [AFFIRMATIVE DEFENSE.] It shall be an 
 53.9   affirmative defense to a charge under subdivisions 1, clause 
 53.10  (6); 2, clause (6); 2a, clause (6); 2b, clause (6); 3, clause 
 53.11  (6); or 4, clause (6), that the defendant used the controlled 
 53.12  substance according to the terms of a prescription issued for 
 53.13  the defendant in accordance with sections 152.11 and 152.12. 
 53.14     Subd. 5.  [DEFINITION DEFINITIONS.] For purposes of this 
 53.15  section, the terms defined in this subdivision have the meanings 
 53.16  given them. 
 53.17     (a) "motor Motor vehicle" has the meaning given in section 
 53.18  609.52, subdivision 1. 
 53.19     (b) "Drug" has the meaning given in section 151.01, 
 53.20  subdivision 5, including controlled substances as defined in 
 53.21  section 152.01, subdivision 4. 
 53.22     (c) "Hazardous substance" means any chemical or chemical 
 53.23  compound that is listed as a hazardous substance in rules 
 53.24  adopted under chapter 182. 
 53.25     (d) "Impairing substance" means any substance or 
 53.26  combination of substances, other than alcohol, a drug, or a 
 53.27  hazardous substance, which has the capacity to affect the 
 53.28  nervous system, brain, or muscles of a person so as to impair 
 53.29  the person's ability or capacity to drive, operate, or be in 
 53.30  physical control of a motor vehicle. 
 53.31     Sec. 70.  Minnesota Statutes 1994, section 629.471, 
 53.32  subdivision 2, is amended to read: 
 53.33     Subd. 2.  [QUADRUPLE THE FINE.] (a) For offenses under 
 53.34  sections 169.09, 169.121, 169.129, 171.24, paragraph (c), 
 53.35  609.2231, subdivision 2, 609.487, and 609.525, the maximum cash 
 53.36  bail that may be required for a person charged with a 
 54.1   misdemeanor or gross misdemeanor violation is quadruple the 
 54.2   highest cash fine that may be imposed for the offense.  
 54.3      (b) Unless the court imposes the conditions of release 
 54.4   specified in section 169.121, subdivision 1c, the court must 
 54.5   impose maximum bail when releasing a person from detention who 
 54.6   has been charged with violating section 169.121, subdivision 1, 
 54.7   if the person has three prior impaired driving convictions 
 54.8   within the previous ten years or four or more prior impaired 
 54.9   driving convictions in the person's lifetime.  As used in this 
 54.10  subdivision, "prior impaired driving conviction" has the meaning 
 54.11  given in section 169.121, subdivision 3. 
 54.12     Sec. 71.  [DRUG RECOGNITION TRAINING FOR PEACE OFFICERS; 
 54.13  REPORT.] 
 54.14     (a) For purposes of this section, the following terms have 
 54.15  the meanings given them: 
 54.16     (1) "drug" has the meaning given in Minnesota Statutes, 
 54.17  section 151.01, subdivision 5; 
 54.18     (2) "drug recognition expert" means a peace officer who is 
 54.19  certified by the international association of chiefs of police 
 54.20  to conduct the 12-step drug evaluation and classification 
 54.21  process; and 
 54.22     (3) "12-step drug evaluation and classification process" 
 54.23  means the systematic, standardized investigative procedure 
 54.24  defined by the National Highway Traffic Safety Administration 
 54.25  that is used to determine whether a driver is impaired, whether 
 54.26  the impairment relates to drugs or a medical condition and, if 
 54.27  drug related, the category of drugs likely to have caused the 
 54.28  impairment. 
 54.29     (b) The board of peace officer standards and training, in 
 54.30  consultation with the department of public safety, the Minnesota 
 54.31  state patrol, the Minnesota chiefs of police, the Minnesota 
 54.32  sheriffs' association, and the National Highway Traffic Safety 
 54.33  Administration, shall develop a plan for requiring drug 
 54.34  recognition training for peace officers.  The goals of the plan 
 54.35  are: 
 54.36     (1) to ensure that peace officers employed in traffic 
 55.1   patrol activities are educated about the need to use a certified 
 55.2   drug recognition expert to evaluate a person whom the officer 
 55.3   reasonably suspects has been driving while impaired by drugs; 
 55.4      (2) to ensure that a sufficient number of peace officers 
 55.5   are certified as drug recognition experts; and 
 55.6      (3) to ensure that drug recognition experts are available 
 55.7   statewide at all time periods to evaluate suspected 
 55.8   drug-impaired drivers. 
 55.9      (c) To accomplish paragraph (b), clause (1), the plan must 
 55.10  consider the feasibility of making a basic level of drug 
 55.11  recognition training a mandatory requirement for all new peace 
 55.12  officer candidates and an in-service option for current peace 
 55.13  officers. 
 55.14     (d) To the extent practicable, the plan must present 
 55.15  alternative training requirement scenarios and timetables 
 55.16  associated with different levels of training resources.  The 
 55.17  board shall report this plan to the legislature by January 16, 
 55.18  1997. 
 55.19     Sec. 72.  [EFFECTIVE DATES.] 
 55.20     (a) Section 71 is effective the day after final enactment. 
 55.21     (b) The remaining sections are effective August 1, 1996, 
 55.22  for crimes committed on or after that date.  However, the 
 55.23  commissioner may consider violations occurring before August 1, 
 55.24  1996, as prior impaired driving convictions or prior license 
 55.25  revocations under sections 45 and 52.