| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

169A.51.4

Statute ID: 19813

Statute Function ID: 39678

DWI; Chemical tests for intoxication; Requirement of urine or blood test.

In Effect

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Details are only available for Penalty and Charging Statutes.

Statute Number:

169A.51.4

Enactment Date:

May 24, 2024

Effective Date:

Jul 1, 2024

Expiration Date:

Repealed?:

Summary Text:

DWI; Chemical tests for intoxication; Requirement of urine or blood test.

Statute ID:

19813

Created:

Jun 13, 2024 by mnjis.legal.analyst@state.mn.us

Updated:

Jun 13, 2024 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Amended 2024 c123 art5 sect3; Definitioin

Summary Text:

DWI; Chemical tests for intoxication; Requirement of urine or blood test.

Link to MN Statute Text:

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

Legislative Session:

2024 - Regular

Session Law Text?:

Statute text last updated on:

Jun 13, 2024

A blood or urine test may be required pursuant to a search warrant even after a breath test has been administered if there is probable cause to believe that:

(1) there is impairment by a controlled substance; an intoxicating substance; or cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, artificially derived cannabinoids, or tetrahydrocannabinols that is not subject to testing by a breath test;

(2) 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, artificially derived cannabinoids, or tetrahydrocannabinols, is present in the person's body; or

(3) the person is unconscious or incapacitated to the point that the peace officer providing a breath test advisory, administering a breath test, or serving the search warrant has a good-faith belief that the person is mentally or physically unable to comprehend the breath test advisory or otherwise voluntarily submit to chemical tests.

Action may be taken against a person who refuses to take a blood test under this subdivision only if a urine test was offered and action may be taken against a person who refuses to take a urine test only if a blood test was offered. This limitation does not apply to an unconscious person under the circumstances described in clause (3).