Subdivision 1. When required. (a) When a court sentences a person convicted of an offense enumerated in section 169A.70, subdivision 2 (chemical use assessment; requirement; form), it shall order the person to pay the cost of the assessment directly to the entity conducting the assessment or providing the assessment services in an amount determined by the entity conducting or providing the service and shall impose a chemical dependency assessment charge of $25. The court may waive the $25 assessment charge, but may not waive the cost for the assessment paid directly to the entity conducting the assessment or providing assessment services. A person shall pay an additional surcharge of $5 if the person is convicted of a violation of section 169A.20 (driving while impaired) within five years of a prior impaired driving conviction or a prior conviction for an offense arising out of an arrest for a violation of section 169A.20 or Minnesota Statutes 1998, section 169.121 (driver under influence of alcohol or controlled substance) or 169.129 (aggravated DWI-related violations; penalty). This section applies when the sentence is executed, stayed, or suspended. The court may not waive payment or authorize payment of the assessment charge and surcharge in installments unless it makes written findings on the record that the convicted person is indigent or that the assessment charge and surcharge would create undue hardship for the convicted person or that person's immediate family.
(b) The chemical dependency assessment charge and surcharge required under this section are in addition to the surcharge required by section 357.021, subdivision 6 (surcharges on criminal and traffic offenders).
Subd. 2. Distribution of money. The court administrator shall collect and forward the chemical dependency assessment charge and the $5 surcharge, if any, to the commissioner of management and budget to be deposited in the state treasury and credited to the general fund.
2000 c 478 art 1 s 15; 2009 c 83 art 2 s 17; 2009 c 101 art 2 s 109
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.