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TABLE OF CONTENTS

CHAPTER 84

OFF-HIGHWA Y VEHICLES 1

84.774 OFF-HIGHWAY VEHICLE CRIMINALPENALTIES 1

84.7741 OFF-HIGHWAY VEHICLE FORFEITURE 2Subdivision 1. Definitions 2Subd. 2. Seizure 3Subd. 3. Right to possession vests immediately;

custody 3Subd. 4. Bond by owner for possession 4Subd. 5. Evidence 4Subd. 6. Vehicle subject to forfeiture 4Subd. 7. Presumptions; limitations on vehicle

forfeiture 4Subd. 8. Administrative forfeiture procedure 5Subd. 9. Judicial forfeiture procedure 8Subd. 10. Disposition of forfeited vehicle 9Subd. 11. Sale of forfeited vehicle by secured party .

................................................................... 10Subd. 12. Redemption requirements 10

OFF-HIGHWAY MOTORCYCLES 11

84.788 REGISTRATION 11Subd. 11. Refunds 11

84.793 YOUTHFUL OPERATORS; PROHIBiTIONS•.......................................................................... 11

Subdivision 1. Prohibitions on youthful operators .. 11

84.796 PENALTIES. REPEALED, 2009 12

OFF-ROAD VEHICLES 12

84.798 REGISTRATION 12Subd. 10. Refunds 12


SNOWMOBILES 13

84.82 SNOWMOBILE REGISTRATION 13Subd. 11. Refunds 13

84.83 SNOWMOBILE TRAILS AND ENFORCEMENTACCOUNT; RECEIPTS AND ALLOCATIONS 13

Subd. 3. Purposes for the account. 13

ALL-TERRAIN VEHICLES 14

84.92 DEFINITIONS 14Subd. 8. All-terrain vehicle or vehicle 14

84.922 REGISTRATION 14Subd. la. Exemptions 14Subd. 12. Refunds 14

84.9275 NONRESIDENT ALL-TERRAIN VEHICLESTATE TRAIL PASS 15

Subdivision 1. Pass required; fee 15Subd. 2. License agents 15Subd. 3. Issuance of passes 16Subd. 4. Agent's fee 16Subd. 5. Duplicate passes 16

84.928 OPERATION REQUIREMENTS; LOCALREGULATIONS 16

Subd. la. Crossing a public road right-of-way 16


TRAFFIC REGULATIONS...•••••••••••.•.....•.•••••••••••••••••.. 18

169.011 DEFINITIONS••••••••••....•.•••••••••••.•.•••....•. 18Subd. 40a. Mini truck 18

169.045 SPECIAL VEHICLE USE ON ROADWAY•• 19Subdivision 1. Designation of roadway, permit 19Subd. 2. Ordinance 19Subd. 3. Times of operation 20Subd. 4. Slow-moving vehicle emblem 20Subd. 5. Crossing intersecting highways 20Subd. 6. Application of traffic laws 20Subd. 7. Nonapplication of certain laws 20Subd. 7a. Required equipment on mini trucks 21Subd. 8. Insurance 21

MINNNESOTA IMPAIRED DRIVING CODE ••••••••..••.•. 21

169A.03 DEFINITIONS 21Subd. 23. School bus 21

169A.20 DRIVING WHILE IMPAIRED 22Subdivision 1. Driving while impaired crime; motor

vehicle 22ii

Subd. la. Driving while impaired crime; motorboat inoperation 22

Subd. lb. Driving while impaired crime; snowmobileand all-terrain vehicle 23

Subd. lc. Driving while impaired crime; off-highwaymotorcycle and off-road vehicle 24

169A.25 SECOND-DEGREE DRIVING WHILEIMPAIRED 24

Subdivision 1. Degree described 24

169A.26 THIRD-DEGREE DRIVING WHILEIMPAIRED 25


169A.27 FOURTH-DEGREE DRIVING WHILEIMPAIRED 25


169A.275 MANDATORY PENALTIES; NONFELONYVIOLATIONS 25

Subd. 7. Exception 25

169A.28 CONSECUTIVE SENTENCES 26Subd. 2. Permissive consecutive sentences; multiple

offenses 26

169A.284 CHEMICAL DEPENDENCY ASSESSMENTCHARGE; SURCHARGE 27

Subdivision 1. When required 27Subd. 2. Distribution of money 28

169A.46 AFFIRMATIVE DEFENSES 28Subdivision 1. Impairment occurred after driving

ceased 28

169A.54 DWI CONFISCATIONS, ADJUDICATIONS;ADMINISTRATIVE PENALTIES 29

Subdivision 1. Revocation periods for DWIconvictions 29

iii

84.774 OFF-HIGHWAY VEHICLE CRIMINAL PENALTIES.

CHAPTER 84

OFF-HIGHWAY VEHICLES

84.774 OFF-HIGHWAY VEHICLE CRIMINALPENALTIES.

(a) Except as provided in paragraph (b), a personwho violates a provision of sections 84.773; 84.777;84.788 to 84.795; 84.798 to 84.804; 84.90; or84.922 to 84.928 or rules of the commissionerrelating to off-highway vehicle use is guilty of amisdemeanor.

(b) A person is gUilty of a gross misdemeanor ifthe person violates section 84.773, subdivision 2,clause (2), and the person recklessly upsets thenatural and ecological balance of a wetland or publicwaters wetland.

(c) A person is prohibited from operating an offhighway vehicle for a period of one year if the person~

(1) convicted of a gross misdemeanor underparagraph (b);

(2) convicted of or subject to a final order undersection 84.775 for a violation of the prohibition onthe intentional operation on unfrozen public water, ina state park, in a scientific and natural area, or in awildlife management area under section 84.773,subdivision 1, clause (3);

(3) convicted of or is subject to a final orderunder section 84.775 for a violation of the prohibitionon the willful, wanton, or reckless disregard for thesafety of persons or property under section 84.773,subdivision 2, clause (1); or

(4) convicted of or subject to a final order undersection 84.775 for a violation of the prohibition oncarelessly upsetting the natural and ecologicalbalance of a wetland or public waters wetland undersection 84.773, subdivision 2, clause (2).Thecommissioner shall notify the person of the timeperiod during which the person is prohibited fromoperating an off7highway vehicle.Effective August 1, 2009

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84,7741 OFF-HIGHWAY VEHICLE FORFEITURE,

84.7741 OFF-HIGHWAY VEHICLE FORFEITURE.Subdivision 1. Definitions.

(a) As used in this section, the following termshave the meanings given them.

(b) "Appropriate agency" means a lawenforcement agency that has the authority to makean arrest for a violation of a designated offense.

(c) "Claimant" means an owner of an off-highwayvehicle or a person claiming a leasehold or securityinterest in an off-highway vehicle.

(d) "Designated offense" means a second grossmisdemeanor violation under section 84.774,paragraph (b).

(e) "Family or household member" means:(1) a parent, stepparent. or guardian;(2) any of the folloWing persons related by blood,

marriage, or adoption: brother, sister, stepbrother,stepsister, first cousin, aunt, uncle, nephew, niece,grandparent. great-grandparent. great-uncle, orgreat-aunt; or

(3) persons residing together or persons whoregularly associate and communicate with oneanother outside of a workplace setting.

(0 "Off-highway vehicle" and "vehicle" do notinclude an off-highway vehicle that is stolen or takenin violation of the law.

(g) "Owner" means a person legally entitled topossession, use, and control of an off-highwayvehicle, including a lessee of an off-highway vehicle ifthe lease agreement has a term of 180 days or more.There is a rebuttable presumption that a personregistered as the owner of an off-highway vehicleaccording to the records of the Department of PublicSafety or the Department of Natural Resources is thelegal owner. For purposes of this section, if an offhighway vehicle is owned jointly by two or morepeople, each owner's interest extends to the whole ofthe vehicle and is not subject to apportionment.

(h) "Prosecuting authority" means the attorney inthe jurisdiction in which the designated offenseoccurred, or a designee, who is responsible forprosecuting violations of a designated offense. If astate agency initiated the forfeiture and the attorneyresponsible for prosecuting the designated offensedeclines to pursue forfeiture, the attorney general's

2

84.7741 OFF-HIGHWAY VEHICLE FORFEITURE.

office, or its designee, may initiate forfeiture underthis section.

(i) "Security interest" means a bona fide securityinterest perfected according to section 168A.17,subdivision 2, based on a loan or other financingthat, if an off-highway vehicle is required to beregistered under chapter 168, is listed on thevehicle's title.Effective August 1, 2009Subd. 2. Seizure.

(a) An off-highway vehicle subject to forfeitureunder this section may be seized by the appropriateagency upon process issued by any court havingjurisdiction over the vehicle.

(b) Property may be seized without process if:(1) the seizure is incident to a lawful arrest or a

lawful search;(2) the vehicle subject to seizure has been the

subject of a prior judgment in favor of the state in acriminal injunction or forfeiture proceeding under thissection; or

(3) the appropriate agency has probable cause tobelieve that the delay occasioned by the necessity toobtain process would result in the removal ordestruction of the vehicle. If property is seizedwithout process under this clause, the prosecutingauthority must institute a forfeiture action under thissection as soon as is reasonably possible by serVing anotice of seizure and intent to forfeit at the addressof the owner as listed in the records of theDepartment of Public Safety or Department of NaturalResources.Effective August 1, 2009Subd. 3. Right to possession vests immediately;custody.

All right, title, and interest in an off-highwayvehicle subject to forfeiture under this section vestsin the appropriate agency upon commission of theconduct resulting in the designated offense givingrise to the forfeiture. Any vehicle seized under thissection is not subject to repleVin, but is deemed to bein the custody of the appropriate agency subject tothe orders and decrees of the court haVingjurisdiction over the forfeiture proceedings. When an

3


off-highway vehicle is seized under this section, theappropriate agency may:

(1) place the vehicle under seal;(2) remove the vehicle to a place designated by

the agency;(3) place a disabling device on the vehicle; and(4) take other steps reasonable and necessary to

secure the vehicle and prevent waste.Effective August 1, 2009Subd. 4. Bond by owner for possession.

If the owner of an off-highway vehicle that hasbeen seized under this section seeks possession ofthe vehicle before the forfeiture action is determined,the owner may, subject to the approval of theappropriate agency, give security or post bondpayable to the appropriate agency in an amountequal to the retail value of the seized vehicle. Onposting the security or bond, the seized vehicle maybe returned to the owner. The forfeiture action mustproceed against the security as if it were the seizedvehicle.Effective August 1, 2009Subd. 5. Evidence.

Certified copies of court records and off-highwayvehicle and driver's records concerning prior incidentsare admissible as substantive evidence wherenecessary to prove the commission of a designatedoffense.Effective August 1, 2009Subd. 6. Vehicle subject to forfeiture.

An off-highway vehicle is subject to forfeitureunder this section if it was used in the commission ofa designated offense.Effective August 1, 2009Subd. 7. Presumptions; limitations on vehicleforfeiture.

(a) An off-highway vehicle is presumed subject toforfeiture under this section if the driver:

(1) is convicted of the designated offense uponwhich the forfeiture is based; or

(2) fails to appear for a scheduled courtappearance with respect to the designated offensecharged and fails to voluntarily surrender within 48hours after the time required for appearance.

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Cb) An off-highway vehicle encumbered by asecurity interest perfected according to section168A.17, subdivision 2, or subject to a lease that hasa term of 180 days or more, is subject to the interestof the secured party or lessor unless the party orlessor had knowledge of or consented to the act uponwhich the forfeiture is based. However, when theproceeds of the sale of a seized vehicle do not equalor exceed the outstanding loan balance, theappropriate agency shall remit all proceeds of thesale to the secured party after deducting the agency'scosts for the seizure, tow, storage, forfeiture, andsale of the vehicle. If the sale of the vehicle isconducted in a commercially reasonable mannerconsistent with section 336.9-610, the agency is notliable to the secured party for any amount owed onthe loan in excess of the sale proceeds. The validityand amount of a nonperfected security interest mustbe established by its holder by clear and convincingevidence.

Cc) NotWithstanding paragraph Cb), the securedparty's or lessor's interest in an off-highway vehicle isnot subject to forfeiture based solely on the securedparty's or lessor's knowledge of the act or omissionupon which the forfeiture is based if the securedparty or lessor demonstrates by clear and convincingevidence that the party or lessor took reasonablesteps to terminate use of the vehicle by the offender.

Cd) An off-highway vehicle is not subject toforfeiture under this section if its owner candemonstrate by clear and convincing evidence thatthe owner did not have actual or constructiveknowledge that the vehicle would be used or operatedin any manner contrary to law or that the owner tookreasonable steps to prevent use of the vehicle by theoffender. If the offender is a family or householdmember of the owner and has three or more prioroff-highway vehicle convictions, the owner ispresumed to know of any vehicle use by the offenderthat is contrary to law.Effective August 1, 2009Subd. 8. Administrative forfeiture procedure.

Ca) An off-highway vehicle used to commit adesignated offense is subject to administrativeforfeiture under this subdivision.

5


(b) When an off-highway vehicle is seized undersubdivision 2, or within a reasonable time afterseizure, the appropriate agency shall serve the driveror operator of the vehicle with a notice of the seizureand intent to forfeit the vehicle. Additionally, when anoff-highway vehicle is seized under subdivision 2, orwithin a reasonable time after that, all persons knownto have an ownership, possessory, or securityinterest in the vehicle must be notified of the seizureand the intent to forfeit the vehicle. For thosevehicles required to be registered under chapter 168,the notification to a person known to have a securityinterest in the vehicle is required only if the vehicle isregistered under chapter 168 and the interest islisted on the vehicle's title. Notice mailed by certifiedmail to the address shown in Department of PublicSafety records is sufficient notice to the registeredowner of the vehicle. For off-highway vehicles notreqUired to be registered under chapter 168, noticemailed by certified mail to the address shown in theapplicable filing or registration for the vehicle issufficient notice to a person known to have anownership, possessory, or security interest in thevehicle. Otherwise, notice may be given in themanner prOVided by law for service of a summons ina civil action.

(c) The notice must be in writing and contain:(1) a description of the vehicle seized;(2) the date of the seizure; and(3) notice of the right to obtain judicial review of

the forfeiture and of the procedure for obtaining thatjudicial review, printed in English, Hmong, andSpanish. Substantially, the following language mustappear conspicuously: "IF YOU DO NOT DEMANDJUDICIAL REVIEW EXACTLY AS PRESCRIBED INMINNESOTA STATUTES, SECTION 84.7741,SUBDIVISION 8, YOU LOSE THE RIGHT TO AJUDICIAL DETERMINATION OF THIS FORFEITURE ANDYOU LOSE ANY RIGHT YOU MAY HAVE TO THEABOVE-DESCRIBED PROPERTY. YOU MAY NOT HAVETO PAY THE FILING FEE FOR THE DEMAND IFDETERMINED YOU ARE UNABLE TO AFFORD THE FEE.IF THE PROPERTY IS WORTH $7,500 OR LESS, YOUMAY FILE YOUR CLAIM IN CONCILIATION COURT.YOU DO NOT HAVE TO PAY THE CONCILIATION

6


COURT FILING FEE IF THE PROPERTY IS WORTH LESSTHAN $500."

Cd) Within 30 days following service of a notice ofseizure and forfeiture under this subdivision. aclaimant may file a demand for a jUdicialdetermination of the forfeiture. The demand must bein the form of a civil complaint and must be filed withthe court administrator in the county in which theseizure occurred, together with proof of service of acopy of the complaint on the prosecuting authorityhaving jurisdiction over the forfeiture and thestandard filing fee for civil actions unless thepetitioner has the right to sue in forma pauperisunder section 563.01. If the value of the seizedproperty is $7,500 or less, the claimant may file anaction in conciliation court for recovery of the seizedvehicle. A copy of the conciliation court statement ofclaim must be served personally or by mail on theprosecuting authority having jurisdiction over theforfeiture within 30 days following service of thenotice of seizure and forfeiture under this subdivision.If the value of the seized property is less than $500,the claimant does not have to pay the conciliationcourt filing fee. No responsive pleading is required ofthe prosecuting authority and no court fees may becharged for the prosecuting authority's appearance inthe matter. Pleadings, filings, and methods of serviceare governed by the Rules of Civil Procedure.

Ce) The complaint must be captioned in the nameof the claimant as plaintiff and the seized vehicle asdefendant and must state with specificity the groundson which the claimant alleges the vehicle wasimproperly seized, the claimant's interest in thevehicle seized, and any affirmative defenses theclaimant may have. Notwithstanding any law to thecontrary, an action for the return of an off-highwayvehicle seized under this section may not bemaintained by or on behalf of any person who hasbeen served with a notice of seizure and forfeitureunless the person has complied with this subdivision.

cn If the claimant makes a timely demand for ajudicial determination under this subdivision, theforfeiture proceedings must be conducted accordingto subdivision 9.Effective August 1, 2009

7


Subd. 9. Judicial forfeiture procedure.Ca) This subdivision governs judicial

determinations of the forfeiture of an off-highwayvehicle used to commit a designated offense. Anaction for forfeiture is a civil in rem action and isindependent of any criminal prosecution. Allproceedings are governed by the Rules of CivilProcedure.

Cb) If no demand for judicial determination of theforfeiture is pending, the prosecuting authority may,in the name of the jurisdiction pursuing theforfeiture, file a separate complaint against thevehicle, describing it, specifying that it was used inthe commission of a designated offense, andspecifying the time and place of its unlawful use.

Cc) The prosecuting authority may file an answerto a properly served demand for judicialdetermination, including an affirmative counterclaimfor forfeiture. The prosecuting authority is notrequired to file an answer.

Cd) A judicial determination under thissubdivision must not precede adjudication in thecriminal prosecution of the designated offensewithout the consent of the prosecuting authority. Thedistrict court administrator shall schedule the hearingas soon as practicable after adjudication in thecriminal prosecution. The district court administratorshall establish procedures to ensure efficientcompliance with this subdivision. The hearing is tothe court without a jury.

Ce) There is a presumption that an off-highwayvehicle seized under this section is subject toforfeiture if the prosecuting authority establishes thatthe vehicle was used in the commission of adesignated offense. A claimant bears the burden ofproving any affirmative defense raised.

Cf) If the forfeiture is based on the commission ofa designated offense and the person charged with thedesignated offense appears in court as required andis not convicted of the offense, the court shall orderthe property returned to the person legally entitled toit upon that person's compliance with the redemptionrequirements of subdivision 12.

Cg) If the lawful ownership of the vehicle used inthe commission of a designated offense can be

8


determined and the owner makes the demonstrationrequired under subdivision 7, paragraph Cd), thevehicle must be returned immediately upon theowner's compliance with the redemptionrequirements of subdivision 12.

(h) If the court orders the return of a seizedvehicle under this subdivision, it must order thatfiling fees be reimbursed to the person who filed thedemand for jUdicial determination. In addition, thecourt may order sanctions under section 549.211.Any reimbursement fees or sanctions must be paidfrom other forfeiture proceeds of the law enforcementagency and prosecuting authority involved and in thesame proportion as distributed under subdivision 10,paragraph (b).Effective August 1, 2009Subd. 10. Disposition of forfeited vehicle.

(a) If the vehicle is administratively forfeitedunder subdivision 8, or if the court finds undersubdivision 9 that the vehicle is subject to forfeitureunder subdivisions 6 and 7, the appropriate agencyshall:

(1) sell the vehicle and distribute the proceedsunder paragraph (b); or

(2) keep the vehicle for official use. If the agencykeeps a forfeited off-highway vehicle for official use,the agency shall make reasonable efforts to ensurethat the off-highway vehicle is available for use bythe agency's officers who participate in off-highwayvehicle enforcement or education programs.

(b) The proceeds from the sale of forfeitedvehicles, after payment of seizure, towing, storage,forfeiture, and sale expenses and satisfaction of validliens against the property, must be distributed asfollows:

(1) 70 percent of the proceeds must beforwarded to the appropriate agency for deposit as asupplement to the state or local agency's operatingfund or similar fund for use in purchasing equipmentfor off-highway vehicle enforcement, training, andeducation; and

(2) 30 percent of the money or proceeds must beforwarded to the prosecuting authority that handled

9


the forfeiture for deposit as a supplement to itsoperating fund or similar fund for prosecutorialpurposes.Effective August 1, 2009Subd. 11. Sale of forfeited vehicle by securedImtlY..

Ca) A financial institution with a valid securityinterest in or a valid lease covering a forfeited offhighway vehicle may choose to dispose of the vehicleunder this subdivision, in lieu of the appropriateagency disposing of the vehicle under subdivision 10.A financial institution wishing to dispose of an offhighway vehicle under this subdivision shall notify theappropriate agency of its intent, in writing, within 30days after receiving notice of the seizure andforfeiture. The appropriate agency shall release thevehicle to the financial institution or its agent afterthe financial institution presents proof of its validsecurity agreement or of its lease agreement and thefinancial institution agrees not to sell the vehicle to afamily or household member of the violator, unlessthe violator is not convicted of the offense on whichthe forfeiture is based. The financial institution shalldispose of the vehicle in a commercially reasonablemanner as defined in section 336.9-610.

(b) After disposing of the forfeited vehicle, thefinancial institution shall reimburse the appropriateagency for its seizure, storage, and forfeiture costs.The financial institution may then apply the proceedsof the sale to its storage costs, to its sale expenses,and to satisfy the lien or the lease on the vehicle. Ifany proceeds remain, the financial institution shallforward the proceeds to the state treasury, whichshall credit the appropriate fund as specified insubdivision 10.Effective August 1, 2009Subd. 12. Redemption requirements.

(a) If an off-highway vehicle is seized by a peaceofficer for a designated offense, the seized vehiclemust be released only:

(1) to the registered owner, a person authorizedby the registered owner, a lienholder of record, or aperson who has purchased the vehicle from theregistered owner who provides proof of ownership ofthe vehicle;

10

84.788 REGISTRATION.

(2) if the vehicle is subject to a rental or leaseagreement, to a renter or lessee who provides a copyof the rental or lease agreement; or

(3) to an agent of a towing company authorizedby a registered owner if the owner provides proof ofownership of the vehicle.

(b) The proof of ownership or, if applicable, thecopy of the rental or lease agreement required underparagraph (a) must be provided to the lawenforcement agency seizing the vehicle or to a personor entity designated by the law enforcement agencyto receive the information.

(c) No law enforcement agency, local unit ofgovernment, or state agency is responsible orfinancially liable for any storage fees incurred due toa seizure under this section.Effective August 1, 2009

OFF-HIGHWAY MOTORCYCLES

84.788 REGISTRATION.Subd. 11. Refunds.

The commissioner may issue a refund on aregistration, not including any issuing fees paid undersubdivision 3, paragraph (e), or section 84.027,subdivision 15 , paragraph (a), clause (3), if therefund request is received within 12 months 60 daysof the original registration, the registration is notused or transferred, and:

(1) the off-hig hway motorcycle was registeredincorrectly by the commissioner or the deputyregistrar; or

(2) the off-highway motorcycle was registeredtwice, once by the dealer and once by the customer.Effective July 1, 2009

84.793 YOUTHFUL OPERATORS; PROHIBITIONS.Subdivision 1. Prohibitions on youthful operators.

(a) After January 1, 1995, a person less than 16years of age operating an off-highway motorcycle onpublic lands or waters must possess a valid offhighway motorcycle safety certificate issued by thecommissioner.

(b) Except for operation on public road rights-ofway that is permitted under section 84.795,

11

84.796 PENALTIES. Repealed, 2009

subdivision 1, a driver's license issued by the state oranother state is required to operate an off-highwaymotorcycle along or on a public road right-of-way.

(c) A person under 12 years of age may not:(1) make a direct crossing of a public road right

of-way;(2) operate an off-highway motorcycle on a

public road right-of-way in the state; or(3) operate an off-highway motorcycle on public

lands or waters unless accompanied on another offhighway motorcycle by a person 18 years of age orolder or participating in an event for which thecommissioner has issued a special use permit.

(d) Except for public road rights-of-way ofinterstate highways, a person less than 16 years ofage may make a direct crossing of a public roadright-of-way of a trunk, county state-aid, or countyhighway only if that person is accompanied eft

another off highway motorcycle by a person 18 yearsof age or older who holds a valid driver's license.

(e) A person less than 16 years of age mayoperate an off-highway motorcycle on public roadrights-of-way in accordance with section 84.795,subdivision 1, paragraph (a), only if that person isaccompanied on another off highv.ay motorcycle by aperson 18 years of age or older who holds a validdriver's license.Effective July 1, 2009

84.796 PENALTIES. REPEALED, 2009Effective July 1, 2009

OFF-ROAD VEHICLES

84.798 REGISTRATION.Subd. 10. Refunds.

The commissioner may issue a refund on aregistration, not including any issuing fees paid undersubdivision 3, paragraph (b), or section 84.027,subdivision 15, paragraph (a), clause (3), if therefund request is received within 12 months 60 daysof the original registration and the vehicle wasregistered incorrectly by the commissioner or thedeputy registrar" the registration is not used ortransferred, and:

12


(1) the off-road vehicle was

~

registeredincorrectly; or

(2) the off-road vehicle was registeredonce by the dealer and once by the customer.Effective July 1, 2009


SNOWMOBILES

twice,

84.82 SNOWMOBILE REGISTRATION.Subd. 11. Refunds.

The commissioner may issue a refund on aregistration, not including any issuing fees paid undersubdivision 2, paragraph (e), or section 84.027,subdivision 15 , paragraph (a), clause (3), if therefund request is received within 12 months 60 daysof the original registration, the registration is notused or transferred, and:

(1) the snowmobile was registered incorrectly bythe commissioner or the deputy registrar; or

(2) the snowmobile was registered twice, once bythe dealer and once by the customer.Effective July 1, 2009

84.83 SNOWMOBILE TRAILS AND ENFORCEMENTACCOUNT; RECEIPTS AND ALLOCATIONS.Subd. 3. Purposes for the account.

The money deposited in the account and interestearned on that money may be expended only asappropriated by law for the following purposes:

(1) for a grant-in-aid program to counties andmunicipalities for construction and maintenance ofsnowmobile trails, including maintenance of trails onlands and waters of Voyageurs National Parkf~ onLake of the Woodsf~ on Rainy Lake,-----a-n-€l-~ on thefollowing lakes in St. Louis County: Burntside, Crane,Little Long, Mud, Pelican, Shagawa, and Vermilion~

and on the following lakes in Cook County: DevilTrack and Hungry Jack;

(2) for acquisition, development, andmaintenance of state recreational snowmobile trails;

(3) for snowmobile safety programs; and

13

84.92 DEFINITIONS.

(4) for the administration and enforcement ofsections 84.81 to 84.91 and appropriated grants tolocal law enforcement agencies.Effective July 1, 2009

ALL-TERRAIN VEHICLES

84.92 DEFINITIONS.Subd. 8. All-terrain vehicle or vehicle.

"All-terrain vehicle" or "vehicle" means amotorized flotation-tired vehicle of not less thanthree low pressure tires, but not more than six tires,that is limited in engine displacement of less than8-00 960 cubic centimeters and includes a class 1all-terrain vehicle and class 2 all-terrain vehicle.Effective July 1, 2009

84.922 REGISTRATION.Subd. la. Exemptions.

All-terrain vehicles exempt from registration are:(1) vehicles owned and used by the United

States, the state, another state, or a politicalsubdivision;

(2) vehicles registered in another state orcountry that have not been in this state for morethan 30 consecutive days;

(3) vehicles that:(i) are owned by a resident ofanother state or country that does not requireregistration of all-terrain vehicles:(ii) have not beenin this state for more than 30 consecutive days:and(iii) are operated on state and grant-in-aid trailsby a nonresident possessing a nonresident all-terrainvehicle state trail pass;

f3-Ll.1l vehicles used exclusively in organizedtrack racing events; and

f41J.S.l vehicles that are 25 years old or olderand were originally produced as a separateidentifiable make by a manufacturer.Effective January 1, 2010Subd. 12. Refunds.

The commissioner may issue a refund on aregistration, not including any issuing fees paid undersubdivision 2, paragraph (e), or section 84.027,subdivision 15 , paragraph (a), clause (3), if therefund request is received within 12 months 60 days

14

84.9275 NONRESIDENT ALL-TERRAIN VEHICLE STATE TRAIL PASS.

of the original registration, the registration is notused or transferred, and:

(1) the vehicle was registered incorrectly b-y----thecommissioner or the deputy registrar; or

(2) the vehicle was registered twice, once by thedealer and once by the customer.Effective July 1, 2009

84.9275 NONRESIDENT ALL-TERRAIN VEHICLESTATE TRAIL PASS.Subdivision 1. Pass required; fee.

fa) A nonresident may not operate an all-terrainvehicle on a state or grant-in-aid all-terrain vehicletrail unless the operator carries a valid nonresidentall-terrain vehicle state trail pass in immediatepossession. The pass must be available for inspectionby a peace officer, a conservation officer, or anemployee designated under section 84.0835.

(b) The commissioner of natural resources shallissue a pass upon application and payment of a $20fee. The pass is valid from January 1 throughDecember 31. Fees collected under this section,except for the issuing fee for licensing agents, shallbe deposited in the state treasury and credited to theall-terrain vehicle account in the natural resourcesfund and, except for the electronic licensing systemcommission established by the commissioner undersection 84.027, subdivision 15, must be used forgrants-in-aid to counties and municipalities for allterrain vehicle organizations to construct andmaintain all-terrain vehicle trails and use areas.

(c) A nonresident all-terrain vehicle state trailpass is not required for:

(1) an all-terrain vehicle that is owned and usedby the United States, another state, or a politicalsubdivision thereof that is exempt from registrationunder section 84.922, subdivision la; or

(2) a person operating an all-terrain vehicle onlyon the portion of a trail that is owned by the personor the person's spouse, child, or parent.Effective January 1, 2010Subd. 2. License agents.

The commissioner may appoint agents to issueand sell nonresident all-terrain vehicle state trailpasses. The commissioner may revoke the

15

84.928 OPERATION REQUIREMENTS; LOCAL REGULATIONS.

appointment of an agent at any time. Thecommissioner may adopt additional rules as providedin section 97A.485, subdivision 11. An agent shallobserve all rules adopted by the commissioner foraccounting and handling of passes pursuant tosection 97A.485, subdivision 11 . An agent shallpromptly deposit and remit all money received fromthe sale of the passes, exclusive of the issuing fee, tothe commissioner.Effective January 1, 2010Subd. 3. Issuance of passes.

The commissioner and agents shall issue and sellnonresident all-terrain vehicle state trail passes. Thecommissioner shall also make the passes availablethrough the electronic licensing system establishedunder section 84.027, subdivision 15.Effective January 1, 2010Subd. 4. Agent's fee.

In addition to the fee for a pass, an issuing fee of$1 per pass shall be charged. The issuing fee may beretained by the seller of the pass. Issuing fees forpasses issued by the commissioner shall be depositedin the all-terrain vehicle account in the naturalresources fund and retained for the operation of theelectronic licensing system.Effective January 1, 2010Subd. 5. Duplicate passes.

The commissioner and agents shall issue aduplicate pass to persons whose pass is lost ordestroyed using the process established under section97A.405, subdivision 3, and rules adoptedthereunder. The fee for a duplicate nonresident allterrain vehicle state trail pass is $2, with an issuingfee of 50 cents.Effective January 1, 2010

84.928 OPERATION REQUIREMENTS; LOCALREGULATIONS.Subd. la. Crossing a public road right-of-way.

(a) An all-terrain vehicle may make a directcrossing of a public road right-of-way provided:

(1) the crossing is made at an angle ofapproximately 90 degrees to the direction of the roadand at a place where no obstruction prevents a quickand safe crossing;

16

84.928 OPERATION REQUIREMENTS; LOCAL REGULATIONS.

(2) the vehicle is brought to a complete stopbefore crossing the shoulder or main-traveled way ofthe road;

(3) the driver yields the right-of-way to alloncoming traffic that constitutes an immediatehazard;

(4) in crossing a divided road, the crossing ismade only at an intersection of the road with anotherpublic road; and

(5) if the crossing is made between the hours ofone-half hour after sunset to one-half hour beforesunrise or in conditions of reduced Visibility, only ifboth front and rear lights are on.

(b) An all-terrain vehicle may be operated upon abridge, other than a bridge that is part of the maintraveled lanes of an interstate highway, or roadwayshoulder or inside bank of a public road right-of-waywhen required for the purpose of avoidingobstructions to travel or environmentally sensitiveareas when no other method of avoidance is possible;provided the all-terrain vehicle is operated in theextreme right-hand lane, the entrance to the roadwayis made within 100 feet of the bridge e-fL obstacle, orsensitive area, and the crossing is made withoutundue delay.

(c) A person shall not operate an all-terrainvehicle upon a public street or highway unless thevehicle is equipped with at least one headlight andone taillight, each of minimum candlepower asprescribed by rules of the commissioner, and withbrakes conforming to standards prescribed by rule ofthe commissioner, and all of which are subject to theapproval of the commissioner of public safety.

(d) An all-terrain vehicle may be operated upon apublic road right-of-way other than as provided byparagraph (b) in an emergency during the period oftime when and at locations where the condition of theroadway renders travel by automobile impractical.

(e) Chapters 169 and 169A apply to theoperation of all-terrain vehicles upon streets andhighways, except for those provisions relating torequired equipment and except those provisionswhich by their nature have no application.

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(f) A sled, trailer, or other device being towed byan all-terrain vehicle must be equipped with reflectivematerials as required by rule of the commissioner.

(g) A driver's license is not required to operatean all-terrain vehicle along or on a public road rightof-way if the right-of-way encompasses a trailadministered by the commissioner and designated forall-terrain vehicle use or multiple use.

(h) A road authority as defined in section 160.02,subdivision 25, may by permit designate corridoraccess trails on public road rights-of-way forpurposes of accessing established all-terrain vehicletrails. A driver's license is not required to operate anall-terrain vehicle on a designated corridor accesstrail.Effective July 1, 2009


TRAFFIC REGULATIONSCHAPTER 169

169.011 DEFINITIONS.Subd. 40a. Mini truck.

(a) "Mini truck" means a motor vehicle that has fourwheels; is propelled by an electric motor with a ratedpower of 7,500 watts or less or an internal combustionengine with a piston displacement capacity of 660 cubiccentimeters or less; has a total dry weight of 900 to2,200 pounds; contains an enclosed cabin and a seat forthe vehicle operator: commonly resembles a pickuptruck or van, including a cargo area or bed located atthe rear of the vehicle: and was not originallymanufactured to meet federal motor vehicle safetystandards required of motor vehicles in the Code ofFederal Regulations, title 49, sections 571.101 to571.404, and successor requirements.

(b) A mini truck does not include:(1) a neighborhood electric vehicle or a medium

speed electric vehicle; or

18

169.045 SPECIAL VEHICLE USE ON ROADWAY.

(2) a motor vehicle that meets or exceeds theregulations in the Code of Federal Regulations, title49, section 571.500, and successor requirements ..Effective August 1, 2009 and expires July 31,2012

169.045 SPECIAL VEHICLE USE ON ROADWAY.Subdivision 1. Designation of roadway, permit.

The governing body of any county, home rulecharter or statutory city, or town may by ordinanceauthorize the operation of motorized golf carts, e-Ffour-wheel all-terrain vehicles, or mini trucks, ondesignated roadways or portions thereof under itsjurisdiction. Authorization to operate a motorized golfcart e-F,- four-wheel all-terrain vehicle, or mini truck isby permit only. For purposes of this section, a fourwheel all-terrain vehicle is a motorized flotation-tiredvehicle with four low-pressure tires that is limited inengine displacement of less than 800 cubiccentimeters and total dry weight less than 600pounds, and a mini truck has the meaning given insection 169.011, subdivision 40a.Effective August 1, 2009 and expires July 31,2012Subd. 2. Ordinance.

The ordinance shall designate the roadways,prescribe the form of the application for the permit,require evidence of insurance complying with theprovisions of section 658.48, subdivision 5 and mayprescribe conditions, not inconsistent with theprovisions of this section, under which a permit maybe granted. Permits may be granted for a period ofnot to exceed one year, and may be annuallyrenewed. A permit may be revoked at any time ifthere is evidence that the permittee cannot safelyoperate the motorized golf cart e-FJ-four-wheel allterrain vehicle, or mini truck on the designatedroadways. The ordinance may require, as a conditionto obtaining a permit, that the applicant submit acertificate signed by a physician that the applicant isable to safely operate a motorized golf cart e-F.t-fourwheel all-terrain vehicle, or mini truck on theroadways designated.Effective August 1, 2009 and expires July 31,2012

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169.045 SPECIAL VEHICLE USE ON ROADWAY.

Subd. 3. Times of operation.Motorized golf carts and four-wheel all-terrain

vehicles may only be operated on designatedroadways from sunrise to sunset. They shall not beoperated in inclement weather or when visibility isimpaired by weather, smoke, fog or other conditions,or at any time when there is insufficient light toclearly see persons and vehicles on the roadway at adistance of 500 feet.Effective August 1, 2009 and expires July 31,2012Subd. 4. Slow-moving vehicle emblem.

Motorized golf carts shall display the slowmoving vehicle emblem provided for in section169.522, when operated on designated roadways.Effective August 1, 2009 and expires July 31,2012Subd. 5. Crossing intersecting highways.

The operator, under permit, of a motorized golfcart efJ--four-wheel all-terrain vehicle, or mini truckmay cross any street or highway intersecting adesignated roadway.Effective· August 1, 2009 and expires July 31,2012Subd. 6. Application of traffic laws.

Every person operating a motorized golf cart efL

four-wheel all-terrain vehicle, or mini truck underpermit on designated roadways has all the rights andduties applicable to the driver of any other vehicleunder the provisions of this chapter, except whenthose provisions cannot reasonably be applied tomotorized golf carts efL--four-wheel all-terrainvehicles, or mini trucks and except as otherwisespecifically prOVided in subdivision 7.Effective August 1, 2009 and expires July 31,2012Subd. 7. Nonapplication of certain laws.

The provisions of chapter 171 are applicable topersons operating mini trucks, but are not applicableto persons operating motorized golf carts or fourwheel all-terrain vehicles under permit on designatedroadways pursuant to this section. Except for therequirements of section 169.70, the provisions of thischapter relating to equipment on vehicles 15 are notapplicable to motorized golf carts or four-wheel all-

20

169A.03 DEFINITIONS.

terrain vehicles operating, under permit, ondesignated roadways.Effective August 1, 2009 and expires July 31,2012Subd. 7a. Required equipment on mini trucks.

Notwithstanding sections 169.48 to 169.68, orany other law, a mini truck may be operated underpermit on designated roadways if it is equipped with:

(1) at least two headlamps;(2) at least two taillamps;(3) front and rear turn-signal lamps;(4) an exterior mirror mounted on the driver's

side of the vehicle and either (i) an exterior mirrormounted on the passenger's side of the vehicle or (ii)an interior mirror;

(5) a windshield;(6) a seat belt for the driver and front

passenger; and(7) a parking brake.

Effective August 1, 2009 and expires July 31,2012Subd. 8. Insurance.

In the event persons operating a motorized golfcart eTJ-.four-wheel, all-terrain vehicle, or mini truckunder this section cannot obtain liability insurance inthe private market, that person may purchaseautomobile insurance, including no-fault coverage,from the Minnesota Automobile Assigned RiskInsurance Plan under sections 658.01 to 658.12, at arate to be determined by the commissioner ofcommerce.Effective August 1, 2009 and expires July 31,2012

MINNNESOTA IMPAIRED DRIVING CODECHAPTER 169A

169A.03 DEFINITIONS.Subd. 23. School bus.

"School bus" has the meaning given in section169.011, subdivision 71. In addition, the termincludes type III vehicles as described defined insection 169.011, subdivision 71, clause (5), whendriven by employees or agents of school districts.Effective July 1, 2009

21

169A.20 DRIVING WHILE IMPAIRED.

169A.20 DRIVING WHILE IMPAIRED.Subdivision 1. Driving while impaired crime; motorvehicle.

It is a crime for any person to drive, operate, orbe in physical control of any motor vehicle, as definedin section 169A.03, subdivision 15, except formotorboats in operation and off-road recreationalvehicles, within this state or on any boundary waterof this state when:

(1) wReft the person is under the influence ofalcohol;

(2) wReft the person is under the influence of acontrolled substance;

(3) wReft the person is knowingly under theinfluence of a hazardous substance that affects thenervous system, brain, or muscles of the person soas to substantially impair the person's ability to driveor operate the motor vehicle;

(4) wReft the person is under the influence of acombination of any two or more of the elementsnamed in clauses (1), (2), and to (3);

(5) wReft the person's alcohol concentration atthe time, or as measured within two hours of thetime, of driving, operating, or being in physicalcontrol of the motor vehicle is 0.08 or more;

(6) wReft the vehicle is a commercial motorvehicle and the person's alcohol concentration at thetime, or as measured within two hours of the time, ofdriving, operating, or being in physical control of thecommercial motor vehicle is 0.04 or more; or

(7) wReft the person's body contains any amountof a controlled substance listed in schedule I or II, orits metabolite, other than marijuana ortetrahyd rocanna binols.Effective July 1, 2009, and applies to crimescommitted on or after that dateSubd. la. Driving while impaired crime; motorboatin operation.

It is a crime for any person to operate or be inphysical control of a motorboat in operation on anywaters or boundary water of this state when:

(1) the person is under the influence of alcohol;(2) the person is under the influence of a

controlled substance;

22

169A.20 DRIVING WHILE IMPAIRED.

(3) the person is knowingly under the influenceof a hazardous substance that affects the nervoussystem, brain, or muscles of the person so as tosubstantially impair the person's ability to drive oroperate the motorboat;

(4) the person is under the influence of acombination of any two or more of the elementsnamed in clauses (1) to (3);

(5) the person's alcohol concentration at thetime, or as measured within two hours of the time, ofdriving, operating, or being in physical control of themotorboat is 0.08 or more; or

(6) the person's body contains any amount of acontrolled substance listed in schedule I or II, or itsmetabolite, other than marijuana ortetrahyd rocannabi nols.Effective July 1, 2009, and applies to crimescommitted on or after that dateSubd. lb. Driving while impaired crime;snowmobile and all-terrain vehicle.

It is a crime for any person to operate or be inphysical control of a snowmobile as defined in section84.81, subdivision 3, or all-terrain vehicle as definedin section 84.92, subdivision 8, anywhere in this stateor on the ice of any boundary water of this statewhen:


controlled substance;(3) the person is knowingly under the influence

of a hazardous substance that affects the nervoussystem, brain, or muscles of the person so as tosubstantially impair the person's ability to drive oroperate the snowmobile or all-terrain vehicle;

(4) the person is under the infl uence of acombination of any two or more of the elementsnamed in clauses (1) to (3);

(5) the person's alcohol concentration at thetime, or as measured within two hours of the time, ofdriving, operating, or being in physical control of thesnowmobile or all-terrain vehicle is 0.08 or more; or

(6) the person's body contains any amount of acontrolled substance listed in schedule I or II, or itsmetabolite, other than marijuana ortetrahyd rocannabi nols.

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169A.2S SECOND-DEGREE DRIVING WHILE IMPAIRED.

Effective July 1, 2009, and applies to crimescommitted on or after that dateSubd. lc. Driving while impaired crime; offhighway motorcycle and off-road vehicle.

It is a crime for any person to operate or be inphysical control of any off-highway motorcycle asdefined in section 84.787, subdivision 7, or any offroad vehicle as defined in section 84.797, subdivision7, anywhere in this state or on the ice of anyboundary water of this state when:


controlled substance;(3) the person is knowingly under the influence of

a hazardous substance that affects the nervoussystem, brain, or muscles of the person so as tosubstantially impair the person's ability to drive oroperate the off-highway motorcycle or off-roadvehicle;

(4) the person is under the influence of acombination of any two or more of the elementsnamed in clauses (1) to (3);

(5) the person's alcohol concentration at the time,or as measured within two hours of the time, ofdriving, operating, or being in physical control of theoff-highway motorcycle or off-road vehicle is 0.08 ormore; or

(6) the person's body contains any amount of acontrolled substance listed in schedule I or II, or itsmetabolite, other than marijuana ortetrahydrocannabi nols.Effective July 1, 2009, and applies to crimescommitted on or after that date

169A.25 SECOND-DEGREE DRIVING WHILEIMPAIRED.Subdivision 1. Degree described.

(a) A person who violates section 169A.20,subdivision 1 , la, lb, or lc (driving while impairedcrime), is guilty of second-degree driving whileimpaired if two or more aggravating factors werepresent when the violation was committed.

(b) A person who violates section 169A.20,subdivision 2 (refusal to submit to chemical testcrime), is guilty of second-degree driving while

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169A.26 THIRD-DEGREE DRIVING WHILE IMPAIRED.

impaired if one aggravating factor was present whenthe violation was committed.Effective July 1, 2009, and applies to crimescommitted on or after that date

169A.26 THIRD-DEGREE DRIVING WHILEIMPAIRED.Subdivision 1. Degree described.

(a) A person who violates section 169A.20,subdivision 1 , la, lb, or lc (driving while impairedcrime), is guilty of third-degree driVing whileimpaired if one aggravating factor was present whenthe violation was committed.

(b) A person who violates section 169A.20,subdivision 2 (refusal to submit to chemical testcrime), is guilty of third-degree driVing whileimpaired.Effective July 1, 2009, and applies to crimescommitted on or after that date

169A.27 FOURTH-DEGREE DRIVING WHILEIMPAIRED.Subdivision 1. Degree described.

A person who violates section 169A.20,subdivision 1, la, lb, or lc (driving while impairedcrime), is guilty of fourth-degree driving whileimpaired.Effective July 1, 2009, and applies to crimescommitted on or after that date

169A.275 MANDATORY PENALTIES; NONFELONYVIOLATIONS.Subd. 7. Exception.

(a) A judge is not required to sentence a personas provided in this section if the judge requires theperson as a condition of probation to drive only motorvehicles equipped with an ignition interlock devicemeeting the standards described in section 171.306.

(b) This subdivision expires July 1,~ 2011.Effective July 1, 2009

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169A.28 CONSECUTIVE SENTENCES.

169A.28 CONSECUTIVE SENTENCES.Subd. 2. Permissive consecutive sentences;multiple offenses.

(a) When a person is being sentenced for aviolation of a provision listed in paragraph (e), thecourt may sentence the person to a consecutive termof imprisonment for a violation of any other provisionlisted in paragraph (e), notwithstanding the fact thatthe offenses arose out of the same course of conduct,subject to the limitation on consecutive sentencescontained in section 609.15, subdivision 2, andexcept as provided in paragraphs (b) and (c).

(b) When a person is being sentenced for aviolation of section 171.09 (violation of condition ofrestricted license), 171. 20 (operation afterrevocation, suspension, cancellation, ordisqualification), 171.24 (driving without validlicense), or 171.30 (violation of condition of limitedlicense), the court may not impose a consecutivesentence for another violation of a provision inchapter 171 (drivers' licenses and training schools).

(c) When a person is being sentenced for aviolation of section 169.791 (failure to provide proofof insurance) or 169.797 (failure to provide vehicleinsurance), the court may not impose a consecutivesentence for another violation of a provision ofsections 169.79 to 169.7995.

(d) This subdivision does not limit the authorityof the court to impose consecutive sentences forcrimes arising on different dates or to impose aconsecutive sentence when a person is beingsentenced for a crime and is also in violation of theconditions of a stayed or otherwise deferred sentenceunder section 609.135 (stay of imposition orexecution of sentence).

(e) This subdivision applies to misdemeanor andgross misdemeanor violations of the following if theoffender has two or more prior impaired drivingconvictions within the past ten years:

(1) section 169A.20, subdivision 1, la, lb, or lc(driving while impaired; impaired driVing offenses);

(2) section 169A.20, subdivision 2 (driving whileimpaired; test refusal offense);

(3) section 169.791;(4) section 169.797;

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169A.284 CHEMICAL DEPENDENCY ASSESSMENT CHARGE; SURCHARGE.

(5) section 171.09 (violation of condition ofrestricted license);

(6) section 171.20, subdivision 2 (operation afterrevocation, suspension, cancellation, ordisqua lification);

(7) section 171.24; and(8) section 171.30.

Effective July 1, 2009, and applies to crimescommitted on or after that date

169A.284 CHEMICAL DEPENDENCY ASSESSMENTCHARGE; SURCHARGE.Subdivision 1. When required.

(a) When a court sentences a person convicted ofan offense enumerated in section 169A.70,subdivision 2 (chemical use assessment;requirement; formL it shall order the person to paythe cost of the assessment directly to the entityconducting the assessment or providing theassessment services in an amount determined by theentity conducting or providing the service and shallimpose a chemical dependency assessment charge of$+2-5-~. The court may waive the $25 assessmentcharge, but may not waive the cost for theassessment paid directly to the entity conducting theassessment or providing assessment services. Aperson shall pay an additional surcharge of $5 if theperson is convicted of a violation of section 169A.20(driving while impaired) within five years of a priorimpaired driving conviction or a prior conviction foran offense arising out of an arrest for a violation ofsection 169A.20 or Minnesota Statutes 1998, section169.121 (driver under influence of alcohol orcontrolled substance) or 169.129 (aggravated DWIrelated violations; penalty). This section applies whenthe sentence is executed, stayed, or suspended. Thecourt may not waive payment or authorize paymentof the assessment charge and surcharge ininstallments unless it makes written findings on therecord that the convicted person is indigent or thatthe assessment charge and surcharge would createundue hardship for the convicted person or thatperson's immediate family.

(b) The chemical dependency assessment chargeand surcharge required under this section are in

27

l

169A.46 AFFIRMATIVE DEFENSES.

addition to the surcharge required by section357.021, subdivision 6 (surcharges on criminal andtraffic offenders).Effective July 1, 2009Subd. 2. Distribution of money.

The ee-tl-ITty- court administrator shall collect andforward to the commissioner of finance $25 of thechemical dependency assessment charge and the $5surcharge, if any, within 60 days after sentencing orexplain to the commissioner in ',vriting ',vhy themoney ....as not fonvarded within this time period. Thecommissioner shall credit the money to thecommissioner of finance to be deposited in the statetreasury and credited to the general fund. The countyshall collect and keep $100 of the chemicaldependency assessment charge.Effective July 1, 2009

169A.46 AFFIRMATIVE DEFENSES.Subdivision 1. Impairment occurred after drivingceased.

If proven by a preponderance of the evidence, itis an affirmative defense to a violation of section169A.20, subdivision 1, clause (5); la, clause (5);lb, clause (5); or lc, clause (5) (driving whileimpaired, alcohol concentration within two hours ofdriving), or 169A.20 by a person having an alcoholconcentration of 0.20 or more as measured at thetime, or within two hours of the time, of the offense,that the defendant consumed a sufficient quantity ofalcohol after the time of the violation and before theadministration of the evidentiary test to cause thedefendant's alcohol concentration to exceed the levelspecified in the applicable clause. Evidence that thedefendant consumed alcohol after the time of theviolation may not be admitted in defense to anyalleged violation of section 169A.20, unless notice isgiven to the prosecution prior to the omnibus orpretrial hearing in the matter.Effective July 1, 2009, and applies to crimescommitted on or after that date

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169A.54 DWI CONFISCATIONS, ADJUDICATIONS; ADMINISTRATIVE PENALTIES.

169A.54 OWl CONFISCATIONS, ADJUDICATIONS;ADMINISTRATIVE PENALTIES.Subdivision 1. Revocation periods for OWlconvictions.

Except as provided in subdivision 7, thecommissioner shall revoke the driver's license of aperson convicted of violating section 169A.20 (drivingwhile impaired) or an ordinance in conformity with it,as follows:

(1) for an offense under section 169A. 20,subdivision 1 (driving while impaired crime): not lessthan 30 days;

(2) for an offense under section 169A.20,subdivision 2 (refusal to submit to chemical testcrime): not less than 90 days;

(3) for an offense occurring within ten years of aqualified prior impaired driving incident:

(i) if the current conviction is for a violation ofsection 169A.20, subdivision 1 , la, lb, or lc, notless than 180 days and until the court has certifiedthat treatment or rehabilitation has been successfullycompleted where prescribed in accordance withsection 169A.70 (chemical use assessments); or

(ii) if the current conviction is for a violation ofsection 169A.20, subdivision 2, not less than oneyear and until the court has certified that treatmentor rehabilitation has been successfully completedwhere prescribed in accordance with section 169A.70;

(4) for an offense occurring within ten years ofthe first of two qualified prior impaired drivingincidents: not less than one year, together withdenial under section 171.04, subdivision 1, clause(10), until rehabilitation is established in accordancewith standards established by the commissioner; or

(5) for an offense occurring within ten years ofthe first of three or more qualified prior impaireddriving incidents: not less than two years, togetherwith denial under section 171.04, subdivision 1,clause (10), until rehabilitation is established inaccordance with standards established by thecommissioner.Effective July 1, 2009, and applies to crimescommitted on or after that date

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