| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

169A.20.1(6)

Statute ID: 19061

Statute Function ID: 38646

Traffic - DWI - Commercial Motor Vehicle - Alcohol Concentration 0.04 Within 2 Hours

In Effect

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Classifications

Offense Level:

Felony (F)

General Offense Code:

DWI/Traffic/Vehicle Regulation (4)

Offense Summary Code & Rank:

DWI (JD) (Rank 13)

Detailed Offense Code:

DWI - .04 within 2 hrs. (401.02)

Offense Severity Level:

Function Text:

A violation of Minn. Stat.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:

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(6)

Enactment Date:

May 24, 2023

Effective Date:

Aug 1, 2023

Expiration Date:

Repealed?:

Summary Text:

Traffic - DWI - Commercial Motor Vehicle - Alcohol Concentration 0.04 Within 2 Hours

Statute ID:

19061

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 - Commercial Motor Vehicle - Alcohol Concentration 0.04 Within 2 Hours

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.