| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

171.177.5

Statute ID: 20188

Statute Function ID: 40205

Revocation; Pursuant to search warrant; Test failure; License revocation

In Effect

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Details are only available for Penalty and Charging Statutes.

Statute Number:

171.177.5

Enactment Date:

May 22, 2025

Effective Date:

Jul 1, 2025

Expiration Date:

Repealed?:

Summary Text:

Revocation; Pursuant to search warrant; Test failure; License revocation

Statute ID:

20188

Created:

Jun 5, 2025 by mnjis.legal.analyst@state.mn.us

Updated:

Jun 5, 2025 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Amended 2025 C29 Sect12; Effective 07/01/2025

Summary Text:

Revocation; Pursuant to search warrant; Test failure; License revocation

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/171/177.html

Legislative Session:

2025 - Regular

Session Law Text?:

Statute text last updated on:

Jun 5, 2025

(a) Upon certification under subdivision 3 pursuant to a search warrant, that there existed probable cause to believe the person had been driving, operating, or in physical control of a motor vehicle in violation of section 169A.20, and that the person submitted to a test and the test results indicate an alcohol concentration of 0.08 or more or the presence of a controlled substance listed in Schedule I or II or its metabolite, other than marijuana or tetrahydrocannabinols, the commissioner shall revoke the person's license or permit to drive or nonresident operating privilege: as provided in section 171.178.

(b) On certification by the peace officer that there existed probable cause to believe the person had been driving, operating, or in physical control of a commercial motor vehicle with any presence of alcohol and that the person submitted to a test and the test results indicated an alcohol concentration of 0.04 or more, the commissioner shall disqualify the person from operating a commercial motor vehicle under section 171.165.

(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau of Criminal Apprehension or authorized by the bureau to conduct the analysis of a blood or urine sample, the laboratory may directly certify to the commissioner the test results, and the peace officer shall certify to the commissioner that there existed probable cause to believe the person had been driving, operating, or in physical control of a motor vehicle in violation of section 169A.20, and that the person submitted to a test. Upon receipt of both certifications, the commissioner shall undertake the license actions described in paragraphs (a) and (b).