Subdivision 1.

MS 2016 [Repealed, 2018 c 183 s 6]

Subd. 2.Crime described.

Attorney's Note

Under the Minnesota Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Misdemeanorup to 90 daysup to $1,000
For details, see § 609.02

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Terms Used In Minnesota Statutes 169A.33

  • Commissioner: means the commissioner of public safety or a designee. See Minnesota Statutes 169A.03
  • Driver: has the meaning given in section 169. See Minnesota Statutes 169A.03
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Head Start bus: has the meaning given in section 169. See Minnesota Statutes 169A.03
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Misdemeanor: means a crime for which a person may be sentenced to imprisonment for not more than 90 days, or to payment of a fine of not more than $1,000, or both. 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
  • School bus: has the meaning given in section 169. See Minnesota Statutes 169A.03
  • Statute: A law passed by a legislature.
  • Vehicle: has the meaning given in section 169. See Minnesota Statutes 169A.03

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 there is physical evidence of the consumption present in the person’s body.

Subd. 3.Criminal penalty.

A person who violates subdivision 2 is guilty of a misdemeanor.

Subd. 4.Administrative penalty.

When a person is found to have committed an offense under subdivision 2, the court shall notify the commissioner of its determination. Upon receipt of the court’s determination, the commissioner shall suspend the person’s driver‘s license or operating privileges for 30 days, or for 180 days if the person has previously been found to have violated subdivision 2 or a statute or ordinance in conformity with it.

Subd. 5.Exception.

If the person’s conduct violates section 169A.20 (driving while impaired) or 169A.31 (alcohol-related school bus or Head Start bus driving), the penalties and license sanctions in those laws or section 169A.54 (impaired driving convictions and adjudications; administrative penalties) apply instead of the license sanction in subdivision 4.

Subd. 6.Jurisdiction.

An offense under subdivision 2 may be prosecuted either in the jurisdiction where consumption occurs or the jurisdiction where evidence of consumption is observed.