| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

360.0753.2(a)

Statute ID: 16948

Statute Function ID: 35497

Aircraft operation while intoxicated-refuse to submit to testing

In Effect

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Classifications

Offense Level:

Gross Misdemeanor (GM)

General Offense Code:

DWI/Traffic/Vehicle Regulation (4)

Offense Summary Code & Rank:

DWI (JD) (Rank 13)

Detailed Offense Code:

Refusal to Test - Aircraft (406.02)

Offense Severity Level:

Function Text:

UCR Code

Description

90D

Driving Under the Influence

Flags

Crime of Violence:

Targeted Misdemeanor:

Predatory Offender Registration Review:

Enhanceable:

Certify to DPS:

Report to DNR:

DPS Group:

Conditional Release:

Payable:

Petty Misdemeanor Only if Prosecutor Certifies:

Third Violation Indicator:

Qualified Domestic Violence Related:

Nonviolent Controlled Substance Offender Review:

Wildlife Restitution:

Statute Number:

360.0753.2(a)

Enactment Date:

May 29, 2018

Effective Date:

Aug 1, 2018

Expiration Date:

Repealed?:

Summary Text:

Aircraft operation while intoxicated-refuse to submit to testing

Statute ID:

16948

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:

Amend 2018 c 195 art 3 s 15;

Summary Text:

Aircraft operation while intoxicated-refuse to submit to testing

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/360/0753.html

Legislative Session:

2018 - Regular

Session Law Text?:

Statute text last updated on:

Jul 10, 2018

(a) Any person who operates or attempts to operate an aircraft in or over this state or over any boundary water of this state consents, subject to the provisions of this section and section 360.0752, to a chemical test of that person's blood, breath, or urine for the purpose of determining the presence or amount of alcohol, controlled substances, or intoxicating substances. The test shall be administered at the direction of a peace officer.

(b) A test of the person's breath may be required when an officer has probable cause to believe the person was operating or attempting to operate an aircraft in violation of section 360.0752 and one of the following conditions exists:

(1) the person has been lawfully placed under arrest for violation of section 360.0752;

(2) the person has been involved in an aircraft accident or collision resulting in property damage, personal injury, or death;

(3) the person has refused to take the screening test provided for by section 360.0752;

(4) the screening test was administered and recorded an alcohol concentration of 0.04 or more or the presence of a controlled substance listed in schedule I or II other than marijuana or tetrahydrocannabinols; or

(5) the officer had probable cause to believe that the person was operating or attempting to operate an aircraft with any amount of alcohol present in the person's body.

(c) A test of the person's blood or urine may be required by an officer under the conditions described in paragraph (b) if the officer is acting pursuant to a search warrant under sections 626.04 to 626.18.

(d) At the time a test is requested, the person shall be informed:

(1) that Minnesota law requires the person to take a test to determine the presence or amount of alcohol or a controlled substance listed in schedule I or II other than marijuana or tetrahydrocannabinols, or to determine if the person is under the influence of alcohol, controlled substances, or intoxicating substances;

(2) that whether a test is taken or refused, the person may be subject to criminal prosecution for an alcohol, controlled substance, or intoxicating substance-related offense relating to the operation of an aircraft;

(3) that if testing is refused, the person may be subject to criminal prosecution because the person refused testing and the person will be disqualified from operating an aircraft for a minimum period of one year;

(4) if the peace officer has probable cause to believe the person has violated the criminal vehicular homicide and injury laws, that pursuant to a search warrant a test will be taken with or without the person's consent; and

(5) that in the case of a breath test the person has the right to consult with an attorney, but that this right is limited to the extent that it cannot unreasonably delay administration of the test.