Minnesota Statutes 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 in the person’s blood, breath, or urine as shown by an analysis of those items. In addition, in a prosecution for a violation of section 169A.20, the court may admit evidence of the presence or amount in the person’s blood, breath, or urine, as shown by an analysis of those items, of:
Terms Used In Minnesota Statutes 169A.45
- 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
- Controlled substance: has the meaning given in section 152. 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
- Infrared or other approved breath-testing instrument: means a breath-testing instrument that employs infrared or other technology and has been approved by the commissioner of public safety for determining alcohol concentration. 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
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) a controlled substance or its metabolite; or
(2) an intoxicating substance.
Subd. 2.Relevant evidence of impairment.
For the purposes of section 169A.20 (driving while impaired), evidence that there was at the time an alcohol concentration of 0.04 or more is relevant evidence in indicating whether or not the person was under the influence of alcohol.
Subd. 3.Evidence of refusal.
Evidence of the refusal to take a test is admissible into evidence in a prosecution under section 169A.20 (driving while impaired).
Subd. 4.Other competent evidence admissible.
The preceding provisions do not limit the introduction of any other competent evidence bearing upon the question of whether the person violated section 169A.20 (driving while impaired) or 169A.31 (alcohol-related school bus or Head Start bus driving), including tests obtained more than two hours after the alleged violation and results obtained from partial tests on an infrared or other approved breath-testing instrument. A result from a partial test is the measurement obtained by analyzing one adequate breath sample, as described in section 169A.51, subdivision 5, paragraph (b) (breath test using infrared or other approved breath-testing instrument).