| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

360.0752

Statute ID: 593

Statute Function ID: 18140

Aircraft Operators-Under Influence Alcohol/Drugs

In Effect

New Search Refine Search Back to Results

Details are only available for Penalty and Charging Statutes.

Statute Number:

360.0752

Enactment Date:

Jan 1, 1859

Effective Date:

Jan 1, 1859

Expiration Date:

Repealed?:

Summary Text:

Aircraft Operators-Under Influence Alcohol/Drugs

Statute ID:

593

Created:

Sep 1, 2006 by mnjis.legal.analyst@state.mn.us

Updated:

Sep 1, 2006 by mnjis.legal.analyst@state.mn.us

Last Update Action:

System

Legal Analyst Comment:

Summary Text:

Aircraft Operators-Under Influence Alcohol/Drugs

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/360/0752.html

Legislative Session:

2005 - NA

Session Law Text?:

Statute text last updated on:

Sep 1, 2006

Subd. 2a.   
It is a crime for any person to refuse to submit to a chemical test of the person's blood, breath, or urine under section 360.0753. 


Subdivision 1.  
As used in this section and section 360.0753:

(1) "operate" includes the acts of all crew members with responsibility to operate the aircraft;

(2) "controlled substance" has the meaning given in section 152.01, subdivision 4; and

(3) intoxicating substance" has the meaning given in section 169A.03, subdivision 11a.

Subd. 2.   
(a) It is a crime for any person to operate or attempt to operate an aircraft on or over land or water within this state or over any boundary water of this state under any of the following conditions:

(1) when the person is under the influence of alcohol;

(2) when the person is under the influence of a controlled substance;

(3) when the person is under the influence of a combination of any two or more of the elements named in clauses (1), (2), (6) and (9);

(4) when the person's alcohol concentration is 0.04 or more;

(5) when the person's alcohol concentration as measured within two hours of the time of operation or attempted operation is 0.04 or more;

(6) when the person is under the influence of an intoxicating substance and the person knows or has reason to know that the substance has the capacity to cause impairment;

(7) when the person's body contains any amount of a controlled substance listed in schedule I or II, other than marijuana or tetrahydrocannabinols;

(8) within eight hours of having consumed any alcoholic beverage or used any controlled substance; or

(9) when the person is under the influence of cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, an artificially derived cannabinoid, or tetrahydrocannabinols, as those terms are defined in section 342.01.

(b) If proven by a preponderance of the evidence, it shall be an affirmative defense to a violation of paragraph (a), clause (7), that the defendant used the controlled substance according to the terms of a prescription issued for the defendant in accordance with sections 152.11 and 152.12.

Subd. 3.   
It is a crime for any person to knowingly permit any individual who is in violation of subdivision 2 to operate any aircraft owned by or in the custody or control of the person.


Subd. 6.   
(a) A person who violates subdivision 2, paragraph (a), clause (8), or subdivision 3, is guilty of a misdemeanor.
(b) A person who violates subdivision 2, paragraph (a), clauses (1) to (7), or subdivision 2a, is guilty of a gross misdemeanor.
(c) The attorney in the jurisdiction in which the violation occurred who is responsible for prosecution of misdemeanor violations shall also be responsible for prosecution of gross misdemeanor violations of this section.