| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

169A.51.7

Statute ID: 16934

Statute Function ID: 35483

DWI; Chemical tests for intoxication; Requirements for conducting tests; liability.

In Effect

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Details are only available for Penalty and Charging Statutes.

Statute Number:

169A.51.7

Enactment Date:

May 29, 2018

Effective Date:

Aug 1, 2018

Expiration Date:

Repealed?:

Summary Text:

DWI; Chemical tests for intoxication; Requirements for conducting tests; liability.

Statute ID:

16934

Created:

Jul 10, 2018 by mnjis.legal.analyst@state.mn.us

Updated:

Jul 10, 2018 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Amended 2018 c 195 art 3 s 8

Summary Text:

DWI; Chemical tests for intoxication; Requirements for conducting tests; liability.

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/169A/51.html

Legislative Session:

2018 - Regular

Session Law Text?:

Statute text last updated on:

Jul 10, 2018

(a) Only a physician, medical technician, emergency medical technician-paramedic, registered nurse, medical technologist, medical laboratory technician, phlebotomist, laboratory assistant, or other qualified person acting at the request of a peace officer may withdraw blood for the purpose of determining the presence of alcohol, a controlled substance or its metabolite, or a intoxicating substance. This limitation does not apply to the taking of a breath or urine sample.

(b) The person tested has the right to have someone of the person's own choosing administer a chemical test or tests in addition to any administered at the direction of a peace officer; provided, that the additional test sample on behalf of the person is obtained at the place where the person is in custody, after the test administered at the direction of a peace officer, and at no expense to the state. The failure or inability to obtain an additional test or tests by a person does not preclude the admission in evidence of the test taken at the direction of a peace officer unless the additional test was prevented or denied by the peace officer.

(c) The physician, medical technician, emergency medical technician-paramedic, medical technologist, medical laboratory technician, laboratory assistant, phlebotomist, registered nurse, or other qualified person drawing blood at the request of a peace officer for the purpose of determining the concentration of alcohol, a controlled substance or its metabolite, or a intoxicating substance is in no manner liable in any civil or criminal action except for negligence in drawing the blood. The person administering a breath test must be fully trained in the administration of breath tests pursuant to training given by the commissioner of public safety.

(d) For purposes of this subdivision, "qualified person" means medical personnel trained in a licensed hospital or educational institution to withdraw blood.