169A.40 ARREST POWERS. Subdivision 1. Probable cause arrest. A peace officer may lawfully arrest a person for violation of section 169A.20 (driving while impaired), 169A.31 (alcohol-related school bus or Head Start bus driving), or 169A.33 (underage drinking and driving), without a warrant upon probable cause, without regard to whether the violation was committed in the […]
169A.41 PRELIMINARY SCREENING TEST. 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 […]
169A.42 VEHICLE IMPOUNDMENT UNDER ORDINANCE; REDEMPTION. Subdivision 1. Definition. As used in this section, “impoundment” means the removal of a motor vehicle to a storage facility or impound lot as authorized by a local ordinance. Subd. 2. Redemption; prerequisites. If a motor vehicle is impounded by a peace officer following the arrest or taking into […]
169A.43 PROSECUTORIAL RESPONSIBILITY; VENUE; CRIMINAL HISTORY. Subdivision 1. Definition. As used in this section, “impaired driving offense” includes violations of sections 169A.20 to 169A.33. Subd. 2. Prosecution. The attorney in the jurisdiction in which an impaired driving offense occurred who is responsible for prosecution of misdemeanor-level impaired driving offenses is also responsible for prosecution of […]
169A.44 CONDITIONAL RELEASE. Subdivision 1. Nonfelony violations. (a) This subdivision applies to a person charged with a nonfelony violation of section 169A.20 (driving while impaired) under circumstances described in section 169A.40, subdivision 3 (certain DWI offenders; custodial arrest). (b) Unless maximum bail is imposed under section 629.471, a person described in paragraph (a) may be […]
169A.45 EVIDENCE. 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 […]
169A.46 AFFIRMATIVE DEFENSES. Subdivision 1. Impairment occurred after driving ceased. If proven by a preponderance of the evidence, it is an affirmative defense to a violation of section 169A.20, subdivision 1, clause (5); 1a, clause (5); 1b, clause (5); or 1c, clause (5) (driving while impaired, alcohol concentration within two hours of driving), or 169A.20 […]
169A.47 NOTICE OF ENHANCED PENALTY. When a court sentences a person for a violation of sections 169A.20 to 169A.31 (impaired driving offenses), it shall inform the defendant of the statutory provisions that provide for enhancement of criminal penalties for repeat violators, and the provisions that provide for administrative plate impoundment and forfeiture of motor vehicles […]
169A.48 IMMUNITY FROM LIABILITY. Subdivision 1. Definition. For purposes of this section, “political subdivision” means a county, statutory or home rule charter city, or town. Subd. 2. Immunity. The state or political subdivision by which a peace officer making an arrest for violation of sections 169A.20 to 169A.33 (impaired driving offenses), is employed has immunity […]
