Chapter 169A — Minnesota Impaired Driving Code

169A.01 Citation; Application Establishes the Minnesota Impaired Driving Code and says it applies to anyone who drives, operates, or is in physical … 169A.03 Definitions This section defines the key terms used in Minnesota's DUI laws. It explains what 'alcohol concentration' means, what … 169A.05 Parenthetical References Explains that the short descriptions in parentheses after section references throughout this chapter are for convenience … 169A.07 This section has been repealed or relocated. 169A.09 Determining Qualified Prior Dwi Incidents When counting your prior DWI incidents, each one must come from a separate event. If a single DWI arrest resulted in … 169A.095 Determining Number of Aggravating Factors Each prior DWI incident within the past ten years counts as a separate aggravating factor when determining penalties for … 169A.20 Driving While Impaired It is a crime in Minnesota to drive, operate, or be in physical control of a motor vehicle while under the influence of … 169A.24 First-degree Driving While Impaired First-degree DWI is the most serious impaired driving charge in Minnesota. It is a felony, punishable by up to 7 years … 169A.25 Second-degree Driving While Impaired Second-degree DWI is a gross misdemeanor in Minnesota. A person faces this charge if they commit a DWI with two or more … 169A.26 Third-degree Driving While Impaired Third-degree DWI is a gross misdemeanor in Minnesota. A person faces this charge if they commit a DWI with one … 169A.27 Fourth-degree Driving While Impaired Fourth-degree DWI is the least serious impaired driving charge in Minnesota. It is a misdemeanor and applies when a … 169A.275 Mandatory Penalties; Nonfelony Violations This section sets the mandatory minimum jail sentences for repeat DWI offenders convicted of nonfelony (misdemeanor and … 169A.276 Mandatory Penalties; Felony Violations This section sets the mandatory minimum prison sentence for felony DWI (first-degree driving while impaired). A person … 169A.277 Long-term Monitoring Requires electronic alcohol monitoring for certain repeat DWI offenders who receive probation, including those with … 169A.28 Consecutive Sentences This section requires courts to impose consecutive (back-to-back) sentences in certain DWI cases, including when a … 169A.283 Stay of Execution of Sentence A court can put a DWI sentence on hold (stay execution) if the person follows through with substance use disorder … 169A.284 Comprehensive Assessment Charge; Surcharge A person convicted of DWI must pay for their own substance use disorder assessment plus a $25 assessment charge (and an … 169A.285 Penalty Assessment Courts can impose an extra penalty of up to $1,000 on DWI offenders who had a blood alcohol level of 0.16 or higher … 169A.31 Alcohol-related School Bus or Head Start Bus Driving It is a crime to drive a school bus or Head Start bus with any alcohol, cannabis, or THC in your body. It is a gross … 169A.33 Underage Drinking and Driving It is a misdemeanor for anyone under 21 to drive with any evidence of alcohol consumption in their body. The penalty is … 169A.35 Open Bottle Law It is a misdemeanor to drink alcohol in a motor vehicle on a public road, or to have an open container of alcohol in the … 169A.36 Open Package Law It is a misdemeanor to use cannabis products in a moving vehicle on a public road, or to have open or improperly … 169A.37 License Plate Impoundment Violation Crimes It is a misdemeanor to violate a license plate impoundment order, including driving a vehicle with impounded plates, … 169A.40 Arrest Powers This section gives police officers the power to arrest a person suspected of DWI without a warrant if they have probable … 169A.41 Preliminary Screening Test When an officer suspects a driver of DWI, the officer may require the driver to take a preliminary breath test (PBT) at … 169A.42 Vehicle Impoundment Under Ordinance; Redemption Sets the rules for getting an impounded vehicle back after a DWI arrest. Only the registered owner (or someone … 169A.43 Prosecutorial Responsibility; Venue; Criminal History The local attorney who handles misdemeanor DWI cases is also responsible for prosecuting gross misdemeanor DWI cases. … 169A.44 Conditional Release Sets conditions for being released from jail after a DWI arrest. Repeat offenders must agree to abstain from alcohol and … 169A.45 Evidence Allows courts to admit blood, breath, or urine test results as evidence in DWI cases, including tests for alcohol, … 169A.46 Affirmative Defenses Provides two defenses to DWI charges: (1) you drank alcohol after you stopped driving but before the test, which caused … 169A.47 Notice of Enhanced Penalty When sentencing a DWI offender, the court must warn them about enhanced penalties for future DWI offenses, plate … 169A.48 Immunity From Liability Gives the state and local governments immunity from lawsuits over what happens to a vehicle after a DWI arrest, as long … 169A.50 Citation Sections 169A.50 through 169A.53 are officially called the Implied Consent Law, which governs chemical testing (breath, … 169A.51 Chemical Tests for Intoxication By driving in Minnesota, you automatically consent to a chemical test (breath, blood, or urine) if a police officer has … 169A.52 Test Refusal or Failure; License Revocation If you refuse a chemical test or fail one (blood alcohol of 0.08 or higher), the officer will report it to the state and … 169A.53 Administrative and Judicial Review of License Revocation If your driver's license is revoked after a DUI test refusal or failure, you can challenge the revocation. You can … 169A.54 Dwi Convictions, Adjudications; Administrative Penalties When a person is convicted of driving while impaired, the Commissioner of Public Safety will revoke their driver's … 169A.55 License Revocation Termination; License Reinstatement After a DWI-related license revocation period ends, the Commissioner of Public Safety will notify you of the steps … 169A.60 Administrative Impoundment of Plates In certain DWI cases, the state can impound your vehicle's license plates. Plate impoundment is ordered when a DWI … 169A.63 Vehicle Forfeiture In the most serious DWI cases, the state can seize and permanently take ownership of the vehicle used in the offense. … 169A.70 Alcohol Safety Programs; Substance Use Disorder Assessments Every county in Minnesota must have an alcohol safety program that provides substance use disorder assessments for … 169A.71 Research Programs People participating in impaired driving research at the Minnesota Highway Safety Center cannot be charged with DWI … 169A.72 Driver Education Programs All driver education programs in Minnesota, whether public school or private, must include instruction about the effects … 169A.73 Remote Electronic Alcohol-monitoring Program Establishes a state program for remote electronic alcohol monitoring of DWI offenders, using breath analyzer units that … 169A.74 Programs of Intensive Probation Creates a state grant program for counties to run intensive probation programs for repeat DWI offenders. Programs must … 169A.75 Impaired Driving-related Rules Gives the Commissioner of Public Safety authority to adopt rules to implement the DWI laws, including formats for … 169A.76 Civil Action; Punitive Damages If a drunk or impaired driver causes a car accident, the injured person can ask for punitive damages (extra money meant … 169A.78 Aiding and Abetting Anyone who helps, encourages, or forces another person to commit any DWI offense is guilty of the same crime. This …