| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

360.0752.2(a)(4)

Statute ID: 19085

Statute Function ID: 38686

Aircraft – Operate under influence - Alcohol concentration of 0.04 or more

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:

DWI - Aircraft - .04 or more (402.04)

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:

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:

360.0752.2(a)(4)

Enactment Date:

May 24, 2023

Effective Date:

Aug 1, 2023

Expiration Date:

Repealed?:

Summary Text:

Aircraft – Operate under influence - Alcohol concentration of 0.04 or more

Statute ID:

19085

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 Sect35; Amend (a)(3) and New (a)(9)

Summary Text:

Aircraft – Operate under influence - Alcohol concentration of 0.04 or more

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/360/0752.html

Legislative Session:

2023 - Regular

Session Law Text?:

Statute text last updated on:

Jul 11, 2023

(a) It is a crime for any person to operate or attempt to operate an aircraft on or over land or water within this state or over any boundary water of this state under any of the following conditions:

(1) when the person is under the influence of alcohol;

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

(3) when the person is under the influence of a combination of any two or more of the elements named in clauses (1), (2), (6) and (9);

(4) when the person's alcohol concentration is 0.04 or more;

(5) when the person's alcohol concentration as measured within two hours of the time of operation or attempted operation is 0.04 or more;

(6) when 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;

(7) when the person's body contains any amount of a controlled substance listed in schedule I or II, other than marijuana or tetrahydrocannabinols;

(8) within eight hours of having consumed any alcoholic beverage or used any controlled substance; or

(9) when 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, as those terms are defined in section 342.01.

(b) If proven by a preponderance of the evidence, it shall be an affirmative defense to a violation of paragraph (a), clause (7), that the defendant used the controlled substance according to the terms of a prescription issued for the defendant in accordance with sections 152.11 and 152.12.