Subdivision 1. When authorized. When a peace officer has reason to believe from the manner in which a person is driving, operating, controlling, or acting upon departure from a motor vehicle, or has driven, operated, or controlled a motor vehicle, that the driver may be violating or has violated section 169A.20 (driving while impaired), 169A.31 (alcohol-related school bus or Head Start bus driving), or 169A.33 (underage drinking and driving), the officer may require the driver to provide a sample of the driver's breath for a preliminary screening test using a device approved by the commissioner for this purpose.
Subd. 2. Use of test results. The results of this preliminary screening test must be used for the purpose of deciding whether an arrest should be made and whether to require the tests authorized in section 169A.51 (chemical tests for intoxication), but must not be used in any court action except the following:
(1) to prove that a test was properly required of a person pursuant to section 169A.51, subdivision 1;
(2) in a civil action arising out of the operation or use of the motor vehicle;
(3) in an action for license reinstatement under section 171.19;
(4) in a prosecution for a violation of section 169A.20, subdivision 2 (driving while impaired; test refusal);
(5) in a prosecution or juvenile court proceeding concerning a violation of section 169A.33 (underage drinking and driving), or 340A.503, subdivision 1, paragraph (a), clause (2) (underage alcohol consumption);
(6) in a prosecution under section 169A.31 (alcohol-related school or Head Start bus driving), or 171.30 (limited license); or
(7) in a prosecution for a violation of a restriction on a driver's license under section 171.09, which provides that the license holder may not use or consume any amount of alcohol or a controlled substance.
Subd. 3. Additional tests. Following the screening test additional tests may be required of the driver pursuant to the provisions of section 169A.51 (chemical tests for intoxication).
Subd. 4. [Repealed, 2006 c 260 art 2 s 20]
2000 c 478 art 1 s 22; 1Sp2001 c 8 art 12 s 6
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.