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Minnesota Statutes Transportation (Ch. 160-174A) § 169A.41. Preliminary screening test

Current as of January 01, 2025 | Updated by Findlaw Staff

Subdivision 1. When authorized. When a peace officer has reason to believe from the manner in which a person is driving, operating, controlling, or acting upon departure from a motor vehicle, or has driven, operated, or controlled a motor vehicle, that the driver may be violating or has violatedsection 169A.20(driving while impaired), 169A.31 (alcohol-related school bus or Head Start bus driving), or 169A.33 (underage drinking and driving), or an alcohol-related violation ofsection 221.0314or221.605committed by a driver of a commercial vehicle, the officer may require the driver to provide a sample of the driver's breath for a preliminary screening test using a device approved by the commissioner for this purpose.

Subd. 2. Use of test results. The results of this preliminary screening test must be used for the purpose of deciding whether an arrest should be made and whether to require the tests authorized insection 169A.51(chemical tests for intoxication), but must not be used in any court action except the following:

(1) to prove that a test was properly required of a person pursuant tosection 169A.51, subdivision 1;

(2) in a civil action arising out of the operation or use of the motor vehicle;

(3) in an action for license reinstatement undersection 171.19;

(4) in a prosecution for a violation ofsection 169A.20, subdivision 2(driving while impaired; test refusal);

(5) in a prosecution or juvenile court proceeding concerning a violation ofsection 169A.33(underage drinking and driving), or 340A.503, subdivision 1, paragraph (a), clause (2) (underage alcohol consumption);

(6) in a prosecution undersection 169A.31(alcohol-related school or Head Start bus driving), or 171.30 (limited license);

(7) in a prosecution for a violation of a restriction on a driver's license undersection 171.09, which provides that the license holder may not use or consume any amount of alcohol or a controlled substance; or

(8) in a prosecution for a violation ofCode of Federal Regulations, title 49, part 392, as adopted insections 221.0314, subdivision 6, and221.605.

Subd. 3. Additional tests. Following the screening test additional tests may be required of the driver pursuant to the provisions ofsection 169A.51(chemical tests for intoxication).

Subd. 4. Repealed byLaws 2006, c. 260, art. 2, § 20.

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Cite this article: FindLaw.com - Minnesota Statutes Transportation (Ch. 160-174A) § 169A.41. Preliminary screening test - last updated January 01, 2025 | https://codes.findlaw.com/mn/transportation-ch-160-174a/mn-st-sect-169a-41/

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