Agenda - Council Work Session - 04/11/2023

Home

HF100 NINTH ENGROSSMENT REVISOR BD 110100-9 192.1 person's blood, breath, or urine for the purpose of determining the presence of alcohol;; a 192.2 controlled substance or its metabolite,; cannabis flower, a cannabis product, a lower -potency 192.3 hemp edible, a hemp -derived consumer product, artificially derived cannabinoids, or 192.4 tetrahydrocannabinols; or an intoxicating substance. The test must be administered at the 192.5 direction of a peace officer. 192.6 (b) The test may be required of a person when an officer has probable cause to believe 192.7 the person was driving, operating, or in physical control of a motor vehicle in violation of 192.8 section 169A.20 (driving while impaired), and one of the following conditions exist: 192.9 (1) the person has been lawfully placed under arrest for violation of section 169A.20 or 192. i o an ordinance in conformity with it; 192.11 (2) the person has been involved in a motor vehicle accident or collision resulting in 192.12 property damage, personal injury, or death; 192.13 (3) the person has refused to take the screening test provided for by section 169A.41 192.14 (preliminary screening test); or 192.15 (4) the screening test was administered and indicated an alcohol concentration of 0.08 192.16 or more. 192.17 (c) The test may also be required of a person when an officer has probable cause to 192.18 believe the person was driving, operating, or in physical control of a commercial motor 192.19 vehicle with the presence of any alcohol. 192.20 Sec. 30. Minnesota Statutes 2022, section 169A.51, subdivision 4, is amended to read: 192.21 Subd. 4. Requirement of urine or blood test. A blood or urine test may be required 192.22 pursuant to a search warrant under sections 626.04 to 626.18 even after a breath test has 192.23 been administered if there is probable cause to believe that: 192.24 (1) there is impairment by a controlled substance of; an intoxicating substance; or 192.25 cannabis flower, a cannabis product, a lower -potency hemp edible, a hemp -derived consumer 192.26 product, artificially derived cannabinoids, or tetrahydrocannabinols that is not subject to 192.27 testing by a breath test; 192.28 (2) a controlled substance listed in Schedule I or II or its metabolite, other than 192.29 cannabis flower, a cannabis product, a lower -potency hemp edible, a hemp -derived consumer 192.30 product, artificially derived cannabinoids, or tetrahydrocannabinols, is present in the person's 192.31 body; or Article 4 Sec. 30. 192