Minnesota Statutes 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:
Terms Used In Minnesota Statutes 169A.20
- Alcohol concentration: means :
(1) the number of grams of alcohol per 100 milliliters of blood;
(2) the number of grams of alcohol per 210 liters of breath; or
(3) the number of grams of alcohol per 67 milliliters of urine. See Minnesota Statutes 169A.03
- Commercial motor vehicle: has the meaning given in section 169. See Minnesota Statutes 169A.03
- Controlled substance: has the meaning given in section 152. See Minnesota Statutes 169A.03
- Intoxicating substance: means a drug or chemical, as those terms are defined in section 151. See Minnesota Statutes 169A.03
- Motor vehicle: means every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires. See Minnesota Statutes 169A.03
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
- Vehicle: has the meaning given in section 169. See Minnesota Statutes 169A.03
(1) the person is under the influence of alcohol;
(2) the person is under the influence of a controlled substance;
(3) the person is under the influence of an intoxicating substance and the person knows or has reason to know that the substance has the capacity to cause impairment;
(4) the person is under the influence of a combination of any two or more of the elements named in clauses (1) to (3) or (8);
(5) the person’s alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motor vehicle is 0.08 or more;
(6) the vehicle is a commercial motor vehicle and the person’s alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the commercial motor vehicle is 0.04 or more;
(7) the person’s body contains any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, an artificially derived cannabinoid, or tetrahydrocannabinols; or
(8) the person is under the influence of cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, an artificially derived cannabinoid, or tetrahydrocannabinols.
Subd. 1a.
MS 2020 [Repealed, 1Sp2021 c 6 art 3 s 13]
Subd. 1b.
MS 2020 [Repealed, 1Sp2021 c 6 art 3 s 13]
Subd. 1c.
MS 2020 [Repealed, 1Sp2021 c 6 art 3 s 13]
Subd. 2.Refusal to submit to chemical test crime.
It is a crime for any person to refuse to submit to a chemical test:
(1) of the person’s breath under section 169A.51 (chemical tests for intoxication), or 169A.52 (test refusal or failure; revocation of license); or
(2) of the person’s blood or urine as required by a search warrant under sections 171.177 and 626.04 to 626.18.