| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

169A.51.1

Statute ID: 19078

Statute Function ID: 38679

DWI; Chemical tests for intoxication; Implied consent; conditions; election of test.

In Effect

New Search Refine Search Back to Results

Details are only available for Penalty and Charging Statutes.

Statute Number:

169A.51.1

Enactment Date:

May 24, 2023

Effective Date:

Aug 1, 2023

Expiration Date:

Repealed?:

Summary Text:

DWI; Chemical tests for intoxication; Implied consent; conditions; election of test.

Statute ID:

19078

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 Sect31; Definition

Summary Text:

DWI; Chemical tests for intoxication; Implied consent; conditions; election of test.

Link to MN Statute Text:

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

Legislative Session:

2023 - Regular

Session Law Text?:

Statute text last updated on:

Jul 11, 2023

(a) Any person who drives, operates, or is in physical control of a motor vehicle within this state or on any boundary water of this state consents, subject to the provisions of sections 169A.50 to 169A.53 (implied consent law), and section 169A.20 (driving while impaired), to a chemical test of that person's blood, breath, or urine for the purpose of determining the presence of alcohol,; a controlled substance or its metabolite,; cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, artificially derived cannabinoids, or tetrahydrocannabinols; or an intoxicating substance. The test must be administered at the direction of a peace officer.

(b) The test may be required of a person when an officer has probable cause to believe the person was driving, operating, or in physical control of a motor vehicle in violation of section 169A.20 (driving while impaired), and one of the following conditions exist:

(1) the person has been lawfully placed under arrest for violation of section 169A.20 or an ordinance in conformity with it;

(2) the person has been involved in a motor vehicle 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 169A.41 (preliminary screening test); or

(4) the screening test was administered and indicated an alcohol concentration of 0.08 or more.

(c) The test may also be required of a person when an officer has probable cause to believe the person was driving, operating, or in physical control of a commercial motor vehicle with the presence of any alcohol.