169A.20 DRIVING WHILE IMPAIRED. 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 […]
169A.24 FIRST-DEGREE DRIVING WHILE IMPAIRED. Subdivision 1. Degree described. A person who violates section 169A.20 (driving while impaired) is guilty of first-degree driving while impaired if the person: (1) commits the violation within ten years of the first of three or more qualified prior impaired driving incidents; (2) has previously been convicted of a felony […]
169A.25 SECOND-DEGREE DRIVING WHILE IMPAIRED. Subdivision 1. Degree described. (a) A person who violates section 169A.20, subdivision 1, 1a, 1b, or 1c (driving while impaired crime), is guilty of second-degree driving while impaired if two or more aggravating factors were present when the violation was committed. (b) A person who violates section 169A.20, subdivision 2 […]
169A.26 THIRD-DEGREE DRIVING WHILE IMPAIRED. Subdivision 1. Degree described. (a) A person who violates section 169A.20, subdivision 1, 1a, 1b, or 1c (driving while impaired crime), is guilty of third-degree driving while impaired if one aggravating factor was present when the violation was committed. (b) A person who violates section 169A.20, subdivision 2 (refusal to […]
169A.27 FOURTH-DEGREE DRIVING WHILE IMPAIRED. Subdivision 1. Degree described. A person who violates section 169A.20, subdivision 1, 1a, 1b, or 1c (driving while impaired crime), is guilty of fourth-degree driving while impaired. Subd. 2. Criminal penalty. Fourth-degree driving while impaired is a misdemeanor. History: 2000 c 478 art 1 s 10; 1Sp2001 c 8 art […]
169A.275 MANDATORY PENALTIES; NONFELONY VIOLATIONS. Subdivision 1. Second offense. (a) The court shall sentence a person who is convicted of a violation of section 169A.20 (driving while impaired) within ten years of a qualified prior impaired driving incident to either: (1) a minimum of 30 days of incarceration, at least 48 hours of which must […]
169A.276 MANDATORY PENALTIES; FELONY VIOLATIONS. Subdivision 1. Mandatory prison sentence. (a) The court shall sentence a person who is convicted of a violation of section 169A.20 (driving while impaired) under the circumstances described in section 169A.24 (first-degree driving while impaired) to imprisonment for not less than three years. In addition, the court may order the […]
169A.277 LONG-TERM MONITORING. Subdivision 1. Applicability. This section applies to a person convicted of: (1) a violation of section 169A.20 (driving while impaired) within ten years of the first of two or more prior impaired driving convictions; (2) a violation of section 169A.20, if the person is under the age of 19 years and has […]
169A.28 CONSECUTIVE SENTENCES. Subdivision 1. Mandatory consecutive sentences. (a) The court shall impose consecutive sentences when it sentences a person for: (1) violations of section 169A.20 (driving while impaired) arising out of separate courses of conduct; (2) a violation of section 169A.20 when the person, at the time of sentencing, is on probation for, or […]
169A.283 STAY OF EXECUTION OF SENTENCE. Subdivision 1. Stay authorized. Except as otherwise provided in sections 169A.275 (mandatory penalties; nonfelony violations) and 169A.276 (mandatory penalties; felony violations), when a court sentences a person convicted of a violation of section 169A.20 (driving while impaired), the court may stay execution of the criminal sentence described in section […]
169A.284 CHEMICAL DEPENDENCY ASSESSMENT CHARGE; SURCHARGE. 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 […]
169A.285 PENALTY ASSESSMENT. Subdivision 1. Authority; amount. When a court sentences a person who violates section 169A.20 (driving while impaired) while having an alcohol concentration of 0.16 or more as measured at the time, or within two hours of the time, of the violation, the court may impose a penalty assessment of up to $1,000. […]
169A.31 ALCOHOL-RELATED SCHOOL BUS OR HEAD START BUS DRIVING. Subdivision 1. Crime described. It is a crime for any person to drive, operate, or be in physical control of any class of school bus or Head Start bus within this state when there is physical evidence present in the person’s body of the consumption of […]
169A.33 UNDERAGE DRINKING AND DRIVING. Subdivision 1. MS 2016 [Repealed, 2018 c 183 s 6] Subd. 2. Crime described. It is a crime for a person under the age of 21 years to drive, operate, or be in physical control of a motor vehicle while consuming alcoholic beverages, or after having consumed alcoholic beverages while […]
169A.35 OPEN BOTTLE LAW. Subdivision 1. Definitions. As used in this section: (1) “alcoholic beverage” has the meaning given it in section 340A.101, subdivision 2; (2) “distilled spirits” has the meaning given it in section 340A.101, subdivision 9; (3) “motor vehicle” does not include motorboats in operation, or off-road recreational vehicles except when being operated […]
169A.37 LICENSE PLATE IMPOUNDMENT VIOLATION CRIMES. Subdivision 1. Crime described. It is a crime for a person: (1) to fail to comply with an impoundment order under section 169A.60 (administrative plate impoundment); (2) to file a false statement under section 169A.60, subdivision 7, 8, or 14; (3) to operate a self-propelled motor vehicle on a […]
