Subdivision 1.Definition.

As used in this section, “impaired driving offense” includes violations of sections 169A.20 to 169A.33.

Subd. 2.Prosecution.

Attorney's Note

Under the Minnesota Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Gross misdemeanorup to 1 yearup to $3,000
Misdemeanorup to 90 daysup to $1,000
For details, see § 609.02

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Terms Used In Minnesota Statutes 169A.43

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • Vehicle: has the meaning given in section 169. See Minnesota Statutes 169A.03

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 gross misdemeanor-level impaired driving offenses.

Subd. 3.Venue.

(a) A violation of section 169A.20, subdivision 2 (refusal to submit to chemical test) may be prosecuted either in the jurisdiction where the arresting officer observed the defendant driving, operating, or in control of the motor vehicle or in the jurisdiction where the refusal occurred.

(b) An underage drinking and driving offense may be prosecuted as provided in section 169A.33, subdivision 6 (underage drinking and driving).

Subd. 4.Criminal history information.

When an attorney responsible for prosecuting impaired driving offenses requests criminal history information relating to prior impaired driving convictions from a court, the court shall furnish the information without charge.