Subdivision 1. Driving while impaired crime; motor vehicle. 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);
(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; or
(7) the person's body contains any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
Subd. 1a. MS 2020 [Repealed, 1Sp2021 c 6 art 3 s 13]
Subd. 1b. MS 2020 [Repealed, 1Sp2021 c 6 art 3 s 13]
Subd. 1c. MS 2020 [Repealed, 1Sp2021 c 6 art 3 s 13]
Subd. 2. Refusal to submit to chemical test crime. It is a crime for any person to refuse to submit to a chemical test:
(1) of the person's breath under section 169A.51 (chemical tests for intoxication), or 169A.52 (test refusal or failure; revocation of license); or
(2) of the person's blood or urine as required by a search warrant under sections 171.177 and 626.04 to 626.18.
Subd. 3. Sentence. A person who violates this section may be sentenced as provided in section 169A.24 (first-degree driving while impaired), 169A.25 (second-degree driving while impaired), 169A.26 (third-degree driving while impaired), or 169A.27 (fourth-degree driving while impaired).
2000 c 478 art 1 s 7; 1Sp2001 c 8 art 11 s 2; 1Sp2001 c 9 art 19 s 3; 2002 c 379 art 1 s 113; 1Sp2003 c 2 art 9 s 3; 2004 c 283 s 3; 2006 c 260 art 2 s 2; 2009 c 83 art 2 s 9-12; 2017 c 83 art 2 s 2; 2018 c 195 art 2 s 2; art 3 s 2-4; 1Sp2021 c 6 art 3 s 7
Structure Minnesota Statutes
Chapters 160 - 174A — Transportation
Chapter 169A — Driving While Impaired
Section 169A.01 — Citation; Application.
Section 169A.03 — Definitions.
Section 169A.05 — Parenthetical References.
Section 169A.09 — Determining Qualified Prior Dwi Incidents.
Section 169A.095 — Determining Number Of Aggravating Factors.
Section 169A.20 — Driving While Impaired.
Section 169A.24 — First-degree Driving While Impaired.
Section 169A.25 — Second-degree Driving While Impaired.
Section 169A.26 — Third-degree Driving While Impaired.
Section 169A.27 — Fourth-degree Driving While Impaired.
Section 169A.275 — Mandatory Penalties; Nonfelony Violations.
Section 169A.276 — Mandatory Penalties; Felony Violations.
Section 169A.277 — Long-term Monitoring.
Section 169A.28 — Consecutive Sentences.
Section 169A.283 — Stay Of Execution Of Sentence.
Section 169A.284 — Chemical Dependency Assessment Charge; Surcharge.
Section 169A.285 — Penalty Assessment.
Section 169A.31 — Alcohol-related School Bus Or Head Start Bus Driving.
Section 169A.33 — Underage Drinking And Driving.
Section 169A.35 — Open Bottle Law.
Section 169A.37 — License Plate Impoundment Violation Crimes.
Section 169A.40 — Arrest Powers.
Section 169A.41 — Preliminary Screening Test.
Section 169A.42 — Vehicle Impoundment Under Ordinance; Redemption.
Section 169A.43 — Prosecutorial Responsibility; Venue; Criminal History.
Section 169A.44 — Conditional Release.
Section 169A.46 — Affirmative Defenses.
Section 169A.47 — Notice Of Enhanced Penalty.
Section 169A.48 — Immunity From Liability.
Section 169A.51 — Chemical Tests For Intoxication.
Section 169A.52 — Test Refusal Or Failure; License Revocation.
Section 169A.53 — Administrative And Judicial Review Of License Revocation.
Section 169A.54 — Dwi Convictions, Adjudications; Administrative Penalties.
Section 169A.55 — License Revocation Termination; License Reinstatement.
Section 169A.60 — Administrative Impoundment Of Plates.
Section 169A.63 — Vehicle Forfeiture.
Section 169A.70 — Alcohol Safety Programs; Chemical Use Assessments.
Section 169A.71 — Research Programs.
Section 169A.72 — Driver Education Programs.
Section 169A.73 — Remote Electronic Alcohol-monitoring Program.
Section 169A.74 — Pilot Programs Of Intensive Probation.
Section 169A.75 — Impaired Driving-related Rules.