Subdivision 1. Alcohol concentration evidence. Upon the trial of any prosecution arising out of acts alleged to have been committed by any person arrested for violating section 169A.20 (driving while impaired) or 169A.31 (alcohol-related school bus or Head Start bus driving), the court may admit evidence of the presence or amount of alcohol in the person's blood, breath, or urine as shown by an analysis of those items. In addition, in a prosecution for a violation of section 169A.20, the court may admit evidence of the presence or amount in the person's blood, breath, or urine, as shown by an analysis of those items, of:
(1) a controlled substance or its metabolite; or
(2) an intoxicating substance.
Subd. 2. Relevant evidence of impairment. For the purposes of section 169A.20 (driving while impaired), evidence that there was at the time an alcohol concentration of 0.04 or more is relevant evidence in indicating whether or not the person was under the influence of alcohol.
Subd. 3. Evidence of refusal. Evidence of the refusal to take a test is admissible into evidence in a prosecution under section 169A.20 (driving while impaired).
Subd. 4. Other competent evidence admissible. The preceding provisions do not limit the introduction of any other competent evidence bearing upon the question of whether the person violated section 169A.20 (driving while impaired) or 169A.31 (alcohol-related school bus or Head Start bus driving), including tests obtained more than two hours after the alleged violation and results obtained from partial tests on an infrared or other approved breath-testing instrument. A result from a partial test is the measurement obtained by analyzing one adequate breath sample, as described in section 169A.51, subdivision 5, paragraph (b) (breath test using infrared or other approved breath-testing instrument).
2000 c 478 art 1 s 26; 2003 c 96 s 2; 2006 c 260 art 2 s 5; 2018 c 195 art 3 s 5
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.