| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

169A.20.1(2)

Statute ID: 19057

Statute Function ID: 38629

Traffic - DWI - Operate Motor Vehicle Under Influence of Controlled Substance

In Effect

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Charge

Classifications

Offense Level:

Misdemeanor (M)

General Offense Code:

DWI/Traffic/Vehicle Regulation (4)

Offense Summary Code & Rank:

DWI (JD) (Rank 13)

Detailed Offense Code:

DWI - Controlled Substance (400.02)

Offense Severity Level:

Function Text:

A violation of Minn. State 169A.20 is a targeted misdemeanor offense only if charged as a 4th degree DWI offense under Minn. Stat 169A.27 subd 1.

UCR Code

Description

90D

Driving Under the Influence

Flags

Crime of Violence:

Targeted Misdemeanor:

Yes

Predatory Offender Registration Review:

Enhanceable:

Certify to DPS:

Yes

Report to DNR:

DPS Group:

Yes

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:

169A.20.1(2)

Enactment Date:

May 24, 2023

Effective Date:

Aug 1, 2023

Expiration Date:

Repealed?:

Summary Text:

Traffic - DWI - Operate Motor Vehicle Under Influence of Controlled Substance

Statute ID:

19057

Created:

Jul 11, 2023 by mnjis.legal.analyst@state.mn.us

Updated:

Jul 11, 2023 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Amended 2023 C63 Art4 Sect28; Amends (4) and (7) with new (8)

Summary Text:

Traffic - DWI - Operate Motor Vehicle Under Influence of Controlled Substance

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/169A/20.html

Legislative Session:

2023 - Regular

Session Law Text?:

Statute text last updated on:

Jul 11, 2023

It is a crime for any person to drive, operate, or be in physical control of any motor vehicle, as defined in section 169A.03, subdivision 15, within this state or on any boundary water of this state when:
(1) the person is under the influence of alcohol;

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

(3) 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;

(4) the person is under the influence of a combination of any two or more of the elements named in clauses (1) to (3) or (8);

(5) the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motor vehicle is 0.08 or more;

(6) the vehicle is a commercial motor vehicle and the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the commercial motor vehicle is 0.04 or more;

(7) the person's body contains any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, an artificially derived cannabinoid, or tetrahydrocannabinols; or

(8) 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.