Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF2068 Compare Versions

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11 1.1 A bill for an act​
22 1.2 relating to public safety; extending the length of driver's license revocations related​
33 1.3 to certain offenses; modifying the length of time certain individuals must participate​
44 1.4 in the ignition interlock program; requiring all ignition interlock participants to​
55 1.5 complete a treatment or rehabilitation program before reinstatement of full driving​
66 1.6 privileges; imposing criminal penalties for ignition interlock program participants​
77 1.7 who operate vehicles not equipped with an interlock device; making criminal​
88 1.8 vehicular homicide offenders eligible for the ignition interlock program; providing​
99 1.9 for judicial review of an extension of a person's driver's license revocation for a​
1010 1.10 violation of the ignition interlock program; modifying how license plates are​
1111 1.11 impounded and reissued under the DWI law; expanding the time period that a​
12-1.12 temporary driver's license issued after a DWI is valid; modifying the exception to​
13-1.13 the DWI vehicle forfeiture law relating to drivers who become ignition interlock​
14-1.14 device program participants; providing criminal penalties; amending Minnesota​
15-1.15 Statutes 2024, sections 169A.37, subdivision 1; 169A.52, subdivisions 3, 4, 7;​
16-1.16 169A.54, subdivision 1; 169A.60, subdivisions 4, 5, 6; 169A.63, subdivision 13;​
17-1.17 171.177, subdivisions 4, 5; 171.187, subdivision 3; 171.19; 171.306, subdivisions​
18-1.18 1, 4, 5, 6; proposing coding for new law in Minnesota Statutes, chapter 171;​
19-1.19 repealing Minnesota Statutes 2024, sections 169A.54, subdivisions 2, 3, 4; 169A.55,​
20-1.20 subdivisions 4, 5; 171.17, subdivision 4.​
21-1.21BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
22-1.22 Section 1. Minnesota Statutes 2024, section 169A.37, subdivision 1, is amended to read:​
23-1.23 Subdivision 1.Crime described.It is a crime for a person:​
24-1.24 (1) to fail to comply with an impoundment order under section 169A.60 (administrative​
25-1.25plate impoundment);​
26-1.26 (2) to file a false statement under section 169A.60, subdivision 7, 8, or 14;​
27-1.27 (3) to operate a self-propelled motor vehicle on a street or highway when the vehicle is​
28-1.28subject to an impoundment order issued under section 169A.60, unless specially coded​
29-1.29plates have been issued for the vehicle pursuant to section 169A.60, subdivision 13;​
12+1.12 temporary driver's license issued after a DWI is valid; providing criminal penalties;​
13+1.13 amending Minnesota Statutes 2024, sections 169A.37, subdivision 1; 169A.52,​
14+1.14 subdivisions 3, 4, 7; 169A.54, subdivision 1; 169A.60, subdivisions 4, 5, 6; 171.177,​
15+1.15 subdivisions 4, 5; 171.187, subdivision 3; 171.19; 171.306, subdivisions 1, 4, 5,​
16+1.16 6; proposing coding for new law in Minnesota Statutes, chapter 171; repealing​
17+1.17 Minnesota Statutes 2024, sections 169A.54, subdivisions 2, 3, 4; 169A.55,​
18+1.18 subdivisions 4, 5; 171.17, subdivision 4.​
19+1.19BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
20+1.20 Section 1. Minnesota Statutes 2024, section 169A.37, subdivision 1, is amended to read:​
21+1.21 Subdivision 1.Crime described.It is a crime for a person:​
22+1.22 (1) to fail to comply with an impoundment order under section 169A.60 (administrative​
23+1.23plate impoundment);​
24+1.24 (2) to file a false statement under section 169A.60, subdivision 7, 8, or 14;​
25+1.25 (3) to operate a self-propelled motor vehicle on a street or highway when the vehicle is​
26+1.26subject to an impoundment order issued under section 169A.60, unless specially coded​
27+1.27plates have been issued for the vehicle pursuant to section 169A.60, subdivision 13;​
3028 1​Section 1.​
31-S2068-2 2nd Engrossment​SF2068 REVISOR KRB​
29+S2068-1 1st Engrossment​SF2068 REVISOR KRB​
3230 SENATE​
3331 STATE OF MINNESOTA​
3432 S.F. No. 2068​NINETY-FOURTH SESSION​
3533 (SENATE AUTHORS: LATZ)​
3634 OFFICIAL STATUS​D-PG​DATE​
3735 Introduction and first reading​610​03/03/2025​
3836 Referred to Judiciary and Public Safety​
39-Comm report: To pass as amended and re-refer to Transportation​984a​03/24/2025​
40-Comm report: To pass as amended and re-refer to Judiciary and Public Safety​04/01/2025​ 2.1 (4) to fail to notify the commissioner of the impoundment order when requesting new​
37+Comm report: To pass as amended and re-refer to Transportation​03/24/2025​ 2.1 (4) to fail to notify the commissioner of the impoundment order when requesting new​
4138 2.2plates;​
4239 2.3 (5) who is subject to a plate impoundment order under section 169A.60, to drive, operate,​
4340 2.4or be in control of any motor vehicle during the impoundment period, unless the vehicle is​
4441 2.5employer-owned and is not required to be equipped with an ignition interlock device pursuant​
4542 2.6to section 171.306, subdivision 4, paragraph (b), or Laws 2013, chapter 127, section 70, or​
4643 2.7has specially coded plates issued pursuant to section 169A.60, subdivision 13, and the person​
4744 2.8is validly licensed to drive; or​
4845 2.9 (6) who is the transferee of a motor vehicle and who has signed a sworn statement under​
4946 2.10section 169A.60, subdivision 14, to allow the previously registered owner to drive, operate,​
5047 2.11or be in control of the vehicle during the impoundment period.; or​
5148 2.12 (7) to intentionally remove all or a portion of or to otherwise obliterate or damage a​
5249 2.13permanent sticker affixed on and invalidating a registration plate under section 169A.60,​
5350 2.14subdivision 4.​
5451 2.15 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes​
5552 2.16committed on or after that date.​
5653 2.17 Sec. 2. Minnesota Statutes 2024, section 169A.52, subdivision 3, is amended to read:​
5754 2.18 Subd. 3.Test refusal; license revocation.(a) Upon certification by the peace officer​
5855 2.19that there existed probable cause to believe the person had been driving, operating, or in​
5956 2.20physical control of a motor vehicle in violation of section 169A.20 (driving while impaired),​
6057 2.21and that the person refused to submit to a test, the commissioner shall revoke the person's​
6158 2.22license or permit to drive, or nonresident operating privilege, even if a test was obtained​
6259 2.23pursuant to this section after the person refused to submit to testing. The commissioner shall​
6360 2.24revoke the license, permit, or nonresident operating privilege: as provided in section 171.178.​
6461 2.25 (1) for a person with no qualified prior impaired driving incidents within the past ten​
6562 2.26years, for a period of not less than one year;​
6663 2.27 (2) for a person under the age of 21 years and with no qualified prior impaired driving​
6764 2.28incidents within the past ten years, for a period of not less than one year;​
6865 2.29 (3) for a person with one qualified prior impaired driving incident within the past ten​
6966 2.30years, or two qualified prior impaired driving incidents, for a period of not less than two​
7067 2.31years;​
7168 2​Sec. 2.​
72-S2068-2 2nd Engrossment​SF2068 REVISOR KRB​ 3.1 (4) for a person with two qualified prior impaired driving incidents within the past ten​
69+S2068-1 1st Engrossment​SF2068 REVISOR KRB​ 3.1 (4) for a person with two qualified prior impaired driving incidents within the past ten​
7370 3.2years, or three qualified prior impaired driving incidents, for a period of not less than three​
7471 3.3years;​
7572 3.4 (5) for a person with three qualified prior impaired driving incidents within the past ten​
7673 3.5years, for a period of not less than four years; or​
7774 3.6 (6) for a person with four or more qualified prior impaired driving incidents, for a period​
7875 3.7of not less than six years.​
7976 3.8 (b) Upon certification by the peace officer that there existed probable cause to believe​
8077 3.9the person had been driving, operating, or in physical control of a commercial motor vehicle​
8178 3.10with the presence of any alcohol in violation of section 169A.20 (driving while impaired),​
8279 3.11and that the person refused to submit to a test, the commissioner shall disqualify the person​
8380 3.12from operating a commercial motor vehicle and shall revoke the person's license or permit​
8481 3.13to drive or nonresident operating privilege according to the federal regulations adopted by​
8582 3.14reference in section 171.165, subdivision 2.​
8683 3.15 Sec. 3. Minnesota Statutes 2024, section 169A.52, subdivision 4, is amended to read:​
8784 3.16 Subd. 4.Test failure; license revocation.(a) Upon certification by the peace officer​
8885 3.17that there existed probable cause to believe the person had been driving, operating, or in​
8986 3.18physical control of a motor vehicle in violation of section 169A.20 (driving while impaired)​
9087 3.19and that the person submitted to a test and the test results indicate an alcohol concentration​
9188 3.20of 0.08 or more or the presence of a controlled substance listed in Schedule I or II or its​
9289 3.21metabolite, other than marijuana or tetrahydrocannabinols, then the commissioner shall​
9390 3.22revoke the person's license or permit to drive, or nonresident operating privilege: as provided​
9491 3.23in section 171.178.​
9592 3.24 (1) for a period of 90 days, or, if the test results indicate an alcohol concentration of​
9693 3.25twice the legal limit or more, not less than one year;​
9794 3.26 (2) if the person is under the age of 21 years, for a period of not less than 180 days or,​
9895 3.27if the test results indicate an alcohol concentration of twice the legal limit or more, not less​
9996 3.28than one year;​
10097 3.29 (3) for a person with one qualified prior impaired driving incident within the past ten​
10198 3.30years, or two qualified prior impaired driving incidents, for a period of not less than one​
10299 3.31year, or if the test results indicate an alcohol concentration of twice the legal limit or more,​
103100 3.32not less than two years;​
104101 3​Sec. 3.​
105-S2068-2 2nd Engrossment​SF2068 REVISOR KRB​ 4.1 (4) for a person with two qualified prior impaired driving incidents within the past ten​
102+S2068-1 1st Engrossment​SF2068 REVISOR KRB​ 4.1 (4) for a person with two qualified prior impaired driving incidents within the past ten​
106103 4.2years, or three qualified prior impaired driving incidents, for a period of not less than three​
107104 4.3years;​
108105 4.4 (5) for a person with three qualified prior impaired driving incidents within the past ten​
109106 4.5years, for a period of not less than four years; or​
110107 4.6 (6) for a person with four or more qualified prior impaired driving incidents, for a period​
111108 4.7of not less than six years.​
112109 4.8 (b) On certification by the peace officer that there existed probable cause to believe the​
113110 4.9person had been driving, operating, or in physical control of a commercial motor vehicle​
114111 4.10with any presence of alcohol and that the person submitted to a test and the test results​
115112 4.11indicated an alcohol concentration of 0.04 or more, the commissioner shall disqualify the​
116113 4.12person from operating a commercial motor vehicle under section 171.165 (commercial​
117114 4.13driver's license disqualification).​
118115 4.14 (c) If the test is of a person's blood or urine by a laboratory operated by the Bureau of​
119116 4.15Criminal Apprehension, or authorized by the bureau to conduct the analysis of a blood or​
120117 4.16urine sample, the laboratory may directly certify to the commissioner the test results, and​
121118 4.17the peace officer shall certify to the commissioner that there existed probable cause to​
122119 4.18believe the person had been driving, operating, or in physical control of a motor vehicle in​
123120 4.19violation of section 169A.20 and that the person submitted to a test. Upon receipt of both​
124121 4.20certifications, the commissioner shall undertake the license actions described in paragraphs​
125122 4.21(a) and (b).​
126123 4.22 Sec. 4. Minnesota Statutes 2024, section 169A.52, subdivision 7, is amended to read:​
127124 4.23 Subd. 7.Test refusal; driving privilege lost.(a) On behalf of the commissioner, a peace​
128125 4.24officer requiring a test or directing the administration of a chemical test shall serve immediate​
129126 4.25notice of intention to revoke and of revocation on a person who refuses to permit a test or​
130127 4.26on a person who submits to a test the results of which indicate an alcohol concentration of​
131128 4.270.08 or more.​
132129 4.28 (b) On behalf of the commissioner, a peace officer requiring a test or directing the​
133130 4.29administration of a chemical test of a person driving, operating, or in physical control of a​
134131 4.30commercial motor vehicle shall serve immediate notice of intention to disqualify and of​
135132 4.31disqualification on a person who refuses to permit a test, or on a person who submits to a​
136133 4.32test the results of which indicate an alcohol concentration of 0.04 or more.​
137134 4.33 (c) The officer shall:​
138135 4​Sec. 4.​
139-S2068-2 2nd Engrossment​SF2068 REVISOR KRB​ 5.1 (1) invalidate the person's driver's license or permit card;​
136+S2068-1 1st Engrossment​SF2068 REVISOR KRB​ 5.1 (1) invalidate the person's driver's license or permit card;​
140137 5.2 (2) issue the person a temporary license effective for only seven 14 days; and​
141138 5.3 (3) send the notification of this action to the commissioner along with the certificate​
142139 5.4required by subdivision 3 or 4.​
143140 5.5 Sec. 5. Minnesota Statutes 2024, section 169A.54, subdivision 1, is amended to read:​
144141 5.6 Subdivision 1.Revocation periods for DWI convictions.Except as provided in​
145142 5.7subdivision 7, the commissioner shall revoke the driver's license of a person convicted of​
146143 5.8violating section 169A.20 (driving while impaired) or an ordinance in conformity with it,​
147144 5.9as follows: provided in section 171.178.​
148145 5.10 (1) not less than 30 days for an offense under section 169A.20, subdivision 1 (driving​
149146 5.11while impaired crime);​
150147 5.12 (2) not less than 90 days for an offense under section 169A.20, subdivision 2 (refusal​
151148 5.13to submit to chemical test crime);​
152149 5.14 (3) not less than one year for:​
153150 5.15 (i) an offense occurring within ten years of a qualified prior impaired driving incident;​
154151 5.16 (ii) an offense occurring after two qualified prior impaired driving incidents; or​
155152 5.17 (iii) an offense occurring when a person has an alcohol concentration of twice the legal​
156153 5.18limit or more as measured at the time or within two hours of the time of the offense and the​
157154 5.19person has no qualified prior impaired driving incident within ten years;​
158155 5.20 (4) not less than two years for an offense occurring under clause (3), item (i) or (ii), and​
159156 5.21where the test results indicate an alcohol concentration of twice the legal limit or more, and​
160157 5.22until the court has certified that treatment or rehabilitation has been successfully completed​
161158 5.23where prescribed in accordance with section 169A.70 (chemical use assessments);​
162159 5.24 (5) not less than three years for an offense occurring within ten years of the first of two​
163160 5.25qualified prior impaired driving incidents or occurring after three qualified prior impaired​
164161 5.26driving incidents and with denial under section 171.04, subdivision 1, clause (10), until​
165162 5.27rehabilitation is established according to standards established by the commissioner; and​
166163 5.28 (6) not less than four years for an offense occurring within ten years of the first of three​
167164 5.29qualified prior impaired driving incidents and with denial under section 171.04, subdivision​
168165 5.301, clause (10), until rehabilitation is established according to standards established by the​
169166 5.31commissioner; or​
170167 5​Sec. 5.​
171-S2068-2 2nd Engrossment​SF2068 REVISOR KRB​ 6.1 (7) not less than six years for an offense occurring after four or more qualified prior​
168+S2068-1 1st Engrossment​SF2068 REVISOR KRB​ 6.1 (7) not less than six years for an offense occurring after four or more qualified prior​
172169 6.2impaired driving incidents and with denial under section 171.04, subdivision 1, clause (10),​
173170 6.3until rehabilitation is established according to standards established by the commissioner.​
174171 6.4 Sec. 6. Minnesota Statutes 2024, section 169A.60, subdivision 4, is amended to read:​
175172 6.5 Subd. 4.Peace officer as agent for notice of impoundment.On behalf of the​
176173 6.6commissioner, a peace officer issuing a notice of intent to revoke and of revocation for a​
177174 6.7plate impoundment violation shall also serve a notice of intent to impound and an order of​
178175 6.8impoundment. On behalf of the commissioner, a peace officer who is arresting a person for​
179176 6.9or charging a person with a plate impoundment violation described in subdivision 1,​
180177 6.10paragraph (d), clause (5), shall also serve a notice of intent to impound and an order of​
181178 6.11impoundment. If the vehicle involved in the plate impoundment violation is accessible to​
182179 6.12the officer at the time the impoundment order is issued, the officer shall seize the registration​
183180 6.13plates subject to the impoundment order. The officer shall destroy all plates seized or​
184181 6.14impounded under this section. Alternatively, the officer may invalidate the plates by affixing​
185182 6.15a permanent sticker on them. The officer shall send to the commissioner copies of the notice​
186183 6.16of intent to impound and the order of impoundment and a notice that registration plates​
187184 6.17impounded and seized under this section have been destroyed or have been affixed with the​
188185 6.18permanent sticker.​
189186 6.19 Sec. 7. Minnesota Statutes 2024, section 169A.60, subdivision 5, is amended to read:​
190187 6.20 Subd. 5.Temporary permit.If the motor vehicle is registered to the violator, the officer​
191188 6.21shall issue a temporary vehicle permit that is valid for seven 14 days when the officer issues​
192189 6.22the notices under subdivision 4. If the motor vehicle is registered in the name of another,​
193190 6.23the officer shall issue a temporary vehicle permit that is valid for 45 days when the notices​
194191 6.24are issued under subdivision 3. The permit must be in a form determined by the registrar​
195192 6.25and whenever practicable must be posted on the left side of the inside rear window of the​
196193 6.26vehicle. A permit is valid only for the vehicle for which it is issued.​
197194 6.27 Sec. 8. Minnesota Statutes 2024, section 169A.60, subdivision 6, is amended to read:​
198195 6.28 Subd. 6.Surrender of plates.Within seven 14 days after issuance of the impoundment​
199196 6.29notice, a person who receives a notice of impoundment and impoundment order shall​
200197 6.30surrender all registration plates subject to the impoundment order that were not seized by​
201198 6.31a peace officer under subdivision 4. Registration plates required to be surrendered under​
202199 6.32this subdivision must be surrendered to a Minnesota police department, sheriff, or the State​
203200 6.33Patrol, along with a copy of the impoundment order. A law enforcement agency receiving​
204201 6​Sec. 8.​
205-S2068-2 2nd Engrossment​SF2068 REVISOR KRB​ 7.1registration plates under this subdivision shall destroy the plates and notify the commissioner​
202+S2068-1 1st Engrossment​SF2068 REVISOR KRB​ 7.1registration plates under this subdivision shall destroy the plates and notify the commissioner​
206203 7.2that they have been destroyed. The notification to the commissioner shall also include a​
207204 7.3copy of the impoundment order.​
208-7.4 Sec. 9. Minnesota Statutes 2024, section 169A.63, subdivision 13, is amended to read:​
209-7.5 Subd. 13.Exception.(a) A forfeiture proceeding is stayed and the vehicle must be​
210-7.6returned if the driver becomes a program participant in the ignition interlock program under​
211-7.7section 171.306, in any motor vehicle eligible to be equipped with the ignition interlock​
212-7.8device, at any time before the seized motor vehicle is forfeited and any of the following​
213-7.9apply:​
214-7.10 (1) the driver committed motor vehicle has been seized for a designated offense other​
215-7.11than a violation of section 169A.20 under the circumstances described in section 169A.24;​
216-7.12or​
217-7.13 (2) the driver is accepted into a treatment court dedicated to changing the behavior of​
218-7.14alcohol- and other drug-dependent offenders arrested for driving while impaired.​
219-7.15 (b) Notwithstanding paragraph (a), the vehicle whose forfeiture was stayed in paragraph​
220-7.16(a) may be seized and the forfeiture action may proceed under this section if the program​
221-7.17participant described in paragraph (a):​
222-7.18 (1) subsequently operates a motor vehicle:​
223-7.19 (i) to commit a violation of section 169A.20 (driving while impaired);​
224-7.20 (ii) in a manner that results in a license revocation under section 169A.52 (license​
225-7.21revocation for test failure or refusal) or 171.177 (revocation; search warrant) or a license​
226-7.22disqualification under section 171.165 (commercial driver's license disqualification) resulting​
227-7.23from a violation of section 169A.52 or 171.177;​
228-7.24 (iii) after tampering with, circumventing, or bypassing an ignition interlock device; or​
229-7.25 (iv) without an ignition interlock device at any time when the driver's license requires​
230-7.26such device;​
231-7.27 (2) either voluntarily or involuntarily ceases to participate in the program for more than​
232-7.2830 days, or fails to successfully complete it as required by the Department of Public Safety​
233-7.29due to:​
234-7.30 (i) two or more occasions of the participant's driving privileges being withdrawn for​
235-7.31violating the terms of the program, unless the withdrawal is determined to be caused by an​
236-7.32error of the department or the interlock provider; or​
205+7.4 Sec. 9. Minnesota Statutes 2024, section 171.177, subdivision 4, is amended to read:​
206+7.5 Subd. 4.Test refusal; license revocation.(a) Upon certification under subdivision 3​
207+7.6that there existed probable cause to believe the person had been driving, operating, or in​
208+7.7physical control of a motor vehicle in violation of section 169A.20, and that the person​
209+7.8refused to comply with the execution of the search warrant, the commissioner shall revoke​
210+7.9the person's license or permit to drive or nonresident operating privilege. The commissioner​
211+7.10shall revoke the license, permit, or nonresident operating privilege: as provided in section​
212+7.11171.178.​
213+7.12 (1) for a person with no qualified prior impaired driving incidents within the past ten​
214+7.13years, for a period of not less than one year;​
215+7.14 (2) for a person under the age of 21 years and with no qualified prior impaired driving​
216+7.15incidents within the past ten years, for a period of not less than one year;​
217+7.16 (3) for a person with one qualified prior impaired driving incident within the past ten​
218+7.17years or two qualified prior impaired driving incidents, for a period of not less than two​
219+7.18years;​
220+7.19 (4) for a person with two qualified prior impaired driving incidents within the past ten​
221+7.20years or three qualified prior impaired driving incidents, for a period of not less than three​
222+7.21years;​
223+7.22 (5) for a person with three qualified prior impaired driving incidents within the past ten​
224+7.23years, for a period of not less than four years; or​
225+7.24 (6) for a person with four or more qualified prior impaired driving incidents, for a period​
226+7.25of not less than six years.​
227+7.26 (b) When a person who had been driving, operating, or in physical control of a​
228+7.27commercial motor vehicle refuses to comply with the search warrant and permit testing,​
229+7.28the commissioner shall disqualify the person from operating a commercial motor vehicle​
230+7.29and shall revoke the person's license or permit to drive or nonresident operating privilege​
231+7.30according to the federal regulations adopted by reference in section 171.165, subdivision​
232+7.312.​
237233 7​Sec. 9.​
238-S2068-2 2nd Engrossment​SF2068 REVISOR KRB​ 8.1 (ii) violating the terms of the contract with the provider as determined by the provider;​
239-8.2or​
240-8.3 (3) was the driver, forfeiture was stayed after the driver entered a treatment court, and​
241-8.4the driver ceases to be a participant in the treatment court for any reason.​
242-8.5 (c) Paragraph (b) applies only if the described conduct occurs before the participant has​
243-8.6been restored to full driving privileges or within three years of the original designated offense​
244-8.7or designated license revocation, whichever occurs latest.​
245-8.8 (d) The requirement in subdivision 2, paragraph (b), that device manufacturers provide​
246-8.9a discounted rate to indigent program participants applies also to device installation under​
247-8.10this subdivision.​
248-8.11 (e) An impound or law enforcement storage lot operator must allow an ignition interlock​
249-8.12manufacturer sufficient access to the lot to install an ignition interlock device under this​
250-8.13subdivision.​
251-8.14 (f) Notwithstanding paragraph (a), an entity in possession of the vehicle is not required​
252-8.15to release it until the reasonable costs of the towing, seizure, and storage of the vehicle have​
253-8.16been paid by the vehicle owner.​
254-8.17 (g) At any time prior to the vehicle being forfeited, the appropriate agency may require​
255-8.18that the owner or driver of the vehicle surrender the title of the seized vehicle.​
256-8.19 (h) If an event described in paragraph (b) occurs in a jurisdiction other than the one in​
257-8.20which the original forfeitable event occurred, and the vehicle is subsequently forfeited, the​
258-8.21proceeds shall be divided equally, after payment of seizure, towing, storage, forfeiture, and​
259-8.22sale expenses and satisfaction of valid liens against the vehicle, among the appropriate​
260-8.23agencies and prosecuting authorities in each jurisdiction.​
261-8.24 (i) Upon successful completion of the program, the stayed forfeiture proceeding is​
262-8.25terminated or dismissed and any vehicle, security, or bond held by an agency must be​
263-8.26returned to the owner of the vehicle.​
264-8.27 (j) A claimant of a vehicle for which a forfeiture action was stayed under paragraph (a)​
265-8.28but which later proceeds under paragraph (b), may file a demand for judicial forfeiture as​
266-8.29provided in subdivision 8, in which case the forfeiture proceedings must be conducted as​
267-8.30provided in subdivision 9.​
268-8​Sec. 9.​
269-S2068-2 2nd Engrossment​SF2068 REVISOR KRB​ 9.1 Sec. 10. Minnesota Statutes 2024, section 171.177, subdivision 4, is amended to read:​
270-9.2 Subd. 4.Test refusal; license revocation.(a) Upon certification under subdivision 3​
271-9.3that there existed probable cause to believe the person had been driving, operating, or in​
272-9.4physical control of a motor vehicle in violation of section 169A.20, and that the person​
273-9.5refused to comply with the execution of the search warrant, the commissioner shall revoke​
274-9.6the person's license or permit to drive or nonresident operating privilege. The commissioner​
275-9.7shall revoke the license, permit, or nonresident operating privilege: as provided in section​
276-9.8171.178.​
277-9.9 (1) for a person with no qualified prior impaired driving incidents within the past ten​
278-9.10years, for a period of not less than one year;​
279-9.11 (2) for a person under the age of 21 years and with no qualified prior impaired driving​
280-9.12incidents within the past ten years, for a period of not less than one year;​
281-9.13 (3) for a person with one qualified prior impaired driving incident within the past ten​
282-9.14years or two qualified prior impaired driving incidents, for a period of not less than two​
283-9.15years;​
284-9.16 (4) for a person with two qualified prior impaired driving incidents within the past ten​
285-9.17years or three qualified prior impaired driving incidents, for a period of not less than three​
286-9.18years;​
287-9.19 (5) for a person with three qualified prior impaired driving incidents within the past ten​
288-9.20years, for a period of not less than four years; or​
289-9.21 (6) for a person with four or more qualified prior impaired driving incidents, for a period​
290-9.22of not less than six years.​
291-9.23 (b) When a person who had been driving, operating, or in physical control of a​
292-9.24commercial motor vehicle refuses to comply with the search warrant and permit testing,​
293-9.25the commissioner shall disqualify the person from operating a commercial motor vehicle​
294-9.26and shall revoke the person's license or permit to drive or nonresident operating privilege​
295-9.27according to the federal regulations adopted by reference in section 171.165, subdivision​
296-9.282.​
297-9.29 Sec. 11. Minnesota Statutes 2024, section 171.177, subdivision 5, is amended to read:​
298-9.30 Subd. 5.Test failure; license revocation.(a) Upon certification under subdivision 3​
299-9.31pursuant to a search warrant, that there existed probable cause to believe the person had​
300-9.32been driving, operating, or in physical control of a motor vehicle in violation of section​
234+S2068-1 1st Engrossment​SF2068 REVISOR KRB​ 8.1 Sec. 10. Minnesota Statutes 2024, section 171.177, subdivision 5, is amended to read:​
235+8.2 Subd. 5.Test failure; license revocation.(a) Upon certification under subdivision 3​
236+8.3pursuant to a search warrant, that there existed probable cause to believe the person had​
237+8.4been driving, operating, or in physical control of a motor vehicle in violation of section​
238+8.5169A.20, and that the person submitted to a test and the test results indicate an alcohol​
239+8.6concentration of 0.08 or more or the presence of a controlled substance listed in Schedule​
240+8.7I or II or its metabolite, other than marijuana or tetrahydrocannabinols, the commissioner​
241+8.8shall revoke the person's license or permit to drive or nonresident operating privilege: as​
242+8.9provided in section 171.178.​
243+8.10 (1) for a period of 90 days or, if the test results indicate an alcohol concentration of twice​
244+8.11the legal limit or more, not less than one year;​
245+8.12 (2) if the person is under the age of 21 years, for a period of not less than 180 days or,​
246+8.13if the test results indicate an alcohol concentration of twice the legal limit or more, not less​
247+8.14than one year;​
248+8.15 (3) for a person with one qualified prior impaired driving incident within the past ten​
249+8.16years or two qualified prior impaired driving incidents, for a period of not less than one​
250+8.17year or, if the test results indicate an alcohol concentration of twice the legal limit or more,​
251+8.18not less than two years;​
252+8.19 (4) for a person with two qualified prior impaired driving incidents within the past ten​
253+8.20years or three qualified prior impaired driving incidents, for a period of not less than three​
254+8.21years;​
255+8.22 (5) for a person with three qualified prior impaired driving incidents within the past ten​
256+8.23years, for a period of not less than four years; or​
257+8.24 (6) for a person with four or more qualified prior impaired driving incidents, for a period​
258+8.25of not less than six years.​
259+8.26 (b) On certification by the peace officer that there existed probable cause to believe the​
260+8.27person had been driving, operating, or in physical control of a commercial motor vehicle​
261+8.28with any presence of alcohol and that the person submitted to a test and the test results​
262+8.29indicated an alcohol concentration of 0.04 or more, the commissioner shall disqualify the​
263+8.30person from operating a commercial motor vehicle under section 171.165.​
264+8.31 (c) If the test is of a person's blood or urine by a laboratory operated by the Bureau of​
265+8.32Criminal Apprehension or authorized by the bureau to conduct the analysis of a blood or​
266+8.33urine sample, the laboratory may directly certify to the commissioner the test results, and​
267+8​Sec. 10.​
268+S2068-1 1st Engrossment​SF2068 REVISOR KRB​ 9.1the peace officer shall certify to the commissioner that there existed probable cause to​
269+9.2believe the person had been driving, operating, or in physical control of a motor vehicle in​
270+9.3violation of section 169A.20, and that the person submitted to a test. Upon receipt of both​
271+9.4certifications, the commissioner shall undertake the license actions described in paragraphs​
272+9.5(a) and (b).​
273+9.6 Sec. 11. [171.178] REVOCATION, DENIAL, AND REINSTATEMENT; DRIVING​
274+9.7WHILE IMPAIRED; CRIMINAL VEHICULAR HOMICIDE AND OPERATION.​
275+9.8 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have​
276+9.9the meanings given.​
277+9.10 (b) "Ignition interlock device" has the meaning given in section 171.306, subdivision 1.​
278+9.11 (c) "Qualified prior impaired driving incident" has the meaning given in section 169A.03,​
279+9.12subdivision 22.​
280+9.13 Subd. 2.Qualified prior impaired driving incident; determination.Section 169A.09​
281+9.14applies for determining the number of qualified prior impaired driving incidents under this​
282+9.15section.​
283+9.16 Subd. 3.Test refusal; period of license revocation.A revocation by the commissioner​
284+9.17as required under section 169A.52, subdivision 3, or 171.177, subdivision 4, must be for​
285+9.18the following periods:​
286+9.19 (1) if the person has no qualified prior impaired driving incidents within the past 20​
287+9.20years, not less than one year; or​
288+9.21 (2) if the person has one qualified prior impaired driving incident within the past 20​
289+9.22years, or two or more qualified prior impaired driving incidents, until the commissioner​
290+9.23determines that the person used an ignition interlock device in compliance with section​
291+9.24171.306 for the period of time described in subdivision 8.​
292+9.25 Subd. 4.Test failure; period of license revocation.A revocation by the commissioner​
293+9.26as required under section 169A.52, subdivision 4, or 171.177, subdivision 5, must be for​
294+9.27the following periods:​
295+9.28 (1) if the person has no qualified prior impaired driving incidents within the past 20​
296+9.29years:​
297+9.30 (i) not less than 90 days;​
298+9.31 (ii) not less than 180 days if the person is under 21 years of age and the test results​
299+9.32indicate an alcohol concentration of less than twice the legal limit; or​
301300 9​Sec. 11.​
302-S2068-2 2nd Engrossment​SF2068 REVISOR KRB​ 10.1169A.20, and that the person submitted to a test and the test results indicate an alcohol​
303-10.2concentration of 0.08 or more or the presence of a controlled substance listed in Schedule
304-10.3I or II or its metabolite, other than marijuana or tetrahydrocannabinols, the commissioner
305-10.4shall revoke the person's license or permit to drive or nonresident operating privilege: as
306-10.5provided in section 171.178.
307-10.6 (1) for a period of 90 days or, if the test results indicate an alcohol concentration of twice
308-10.7the legal limit or more, not less than one year;
309-10.8 (2) if the person is under the age of 21 years, for a period of not less than 180 days or,
310-10.9if the test results indicate an alcohol concentration of twice the legal limit or more, not less
311-10.10than one year;
312-10.11 (3) for a person with one qualified prior impaired driving incident within the past ten
313-10.12years or two qualified prior impaired driving incidents, for a period of not less than one
314-10.13year or, if the test results indicate an alcohol concentration of twice the legal limit or more,
315-10.14not less than two years;
316-10.15 (4) for a person with two qualified prior impaired driving incidents within the past ten
317-10.16years or three qualified prior impaired driving incidents, for a period of not less than three
318-10.17years;​
319-10.18 (5) for a person with three qualified prior impaired driving incidents within the past ten
320-10.19years, for a period of not less than four years; or​
321-10.20 (6) for a person with four or more qualified prior impaired driving incidents, for a period
322-10.21of not less than six years.
323-10.22 (b) On certification by the peace officer that there existed probable cause to believe the​
324-10.23person had been driving, operating, or in physical control of a commercial motor vehicle
325-10.24with any presence of alcohol and that the person submitted to a test and the test results
326-10.25indicated an alcohol concentration of 0.04 or more, the commissioner shall disqualify the
327-10.26person from operating a commercial motor vehicle under section 171.165.
328-10.27 (c) If the test is of a person's blood or urine by a laboratory operated by the Bureau of
329-10.28Criminal Apprehension or authorized by the bureau to conduct the analysis of a blood or
330-10.29urine sample, the laboratory may directly certify to the commissioner the test results, and
331-10.30the peace officer shall certify to the commissioner that there existed probable cause to
332-10.31believe the person had been driving, operating, or in physical control of a motor vehicle in
333-10.32violation of section 169A.20, and that the person submitted to a test. Upon receipt of both
301+S2068-1 1st Engrossment​SF2068 REVISOR KRB​ 10.1 (iii) not less than one year if the test results indicate an alcohol concentration of twice
302+10.2the legal limit or more; or​
303+10.3 (2) if the person has one qualified prior impaired driving incident within the past 20
304+10.4years, or two or more qualified prior impaired driving incidents, until the commissioner
305+10.5determines that the person used an ignition interlock device in compliance with section​
306+10.6171.306 for the period of time described in subdivision 8.
307+10.7 Subd. 5.Driving while impaired conviction or adjudication; period of license
308+10.8revocation.(a) Notwithstanding the periods specified in subdivisions 3 and 4 and except
309+10.9as provided in section 169A.54, subdivision 7, a revocation by the commissioner as required
310+10.10under section 169A.54, subdivision 1, or 171.17, subdivision 1, paragraph (a), clause (2),
311+10.11must be for the following periods:
312+10.12 (1) if the person has no qualified prior impaired driving incidents within the past 20
313+10.13years:
314+10.14 (i) not less than 30 days if the person is convicted of an offense under section 169A.20,
315+10.15subdivision 1 (driving while impaired);
316+10.16 (ii) not less than 90 days if the person is convicted of an offense under section 169A.20,
317+10.17subdivision 2 (refusal to submit to chemical test);​
318+10.18 (iii) not less than 180 days if the person is under 21 years of age and the test results
319+10.19indicate an alcohol concentration of less than twice the legal limit; or​
320+10.20 (iv) not less than one year if the test results indicate an alcohol concentration of twice
321+10.21the legal limit or more; or
322+10.22 (2) if the person has one qualified prior impaired driving incident within the past 20
323+10.23years, or two or more qualified prior impaired driving incidents, until the commissioner
324+10.24determines that the person used an ignition interlock device in compliance with section
325+10.25171.306 for the period of time described in subdivision 8.​
326+10.26 (b) Whenever department records show that the violation involved personal injury or
327+10.27death to any person, at least 90 additional days must be added to the base periods provided
328+10.28in paragraph (a), clause (1), items (i) to (iv).
329+10.29 Subd. 6.Criminal vehicular operation or homicide conviction; period of license
330+10.30revocation.Notwithstanding the periods specified in subdivisions 3 to 5, a revocation by
331+10.31the commissioner under section 171.17, subdivision 1, paragraph (a), clause (1), after the​
332+10.32commissioner receives a record of a conviction for a violation of section:
334333 10​Sec. 11.​
335-S2068-2 2nd Engrossment​SF2068 REVISOR KRB​ 11.1certifications, the commissioner shall undertake the license actions described in paragraphs
336-11.2(a) and (b).
337-11.3 Sec. 12. [171.178] REVOCATION, DENIAL, AND REINSTATEMENT; DRIVING
338-11.4WHILE IMPAIRED; CRIMINAL VEHICULAR HOMICIDE AND OPERATION.
339-11.5 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
340-11.6the meanings given.
341-11.7 (b) "Ignition interlock device" has the meaning given in section 171.306, subdivision 1.
342-11.8 (c) "Qualified prior impaired driving incident" has the meaning given in section 169A.03,
343-11.9subdivision 22.​
344-11.10 Subd. 2.Qualified prior impaired driving incident; determination.Section 169A.09
345-11.11applies for determining the number of qualified prior impaired driving incidents under this
346-11.12section.
347-11.13 Subd. 3.Test refusal; period of license revocation.A revocation by the commissioner
348-11.14as required under section 169A.52, subdivision 3, or 171.177, subdivision 4, must be for
349-11.15the following periods:
350-11.16 (1) if the person has no qualified prior impaired driving incidents within the past 20
351-11.17years, not less than one year; or​
352-11.18 (2) if the person has one qualified prior impaired driving incident within the past 20
353-11.19years, or two or more qualified prior impaired driving incidents, until the commissioner
354-11.20determines that the person used an ignition interlock device in compliance with section
355-11.21171.306 for the period of time described in subdivision 8.​
356-11.22 Subd. 4.Test failure; period of license revocation.A revocation by the commissioner
357-11.23as required under section 169A.52, subdivision 4, or 171.177, subdivision 5, must be for
358-11.24the following periods:
359-11.25 (1) if the person has no qualified prior impaired driving incidents within the past 20
360-11.26years:
361-11.27 (i) not less than 90 days;
362-11.28 (ii) not less than 180 days if the person is under 21 years of age and the test results
363-11.29indicate an alcohol concentration of less than twice the legal limit; or​
364-11.30 (iii) not less than one year if the test results indicate an alcohol concentration of twice
365-11.31the legal limit or more; or
366-11Sec. 12.​
367-S2068-2 2nd Engrossment​SF2068 REVISOR KRB​ 12.1 (2) if the person has one qualified prior impaired driving incident within the past 20
368-12.2years, or two or more qualified prior impaired driving incidents, until the commissioner
369-12.3determines that the person used an ignition interlock device in compliance with section
370-12.4171.306 for the period of time described in subdivision 8.​
371-12.5 Subd. 5.Driving while impaired conviction or adjudication; period of license
372-12.6revocation.(a) Notwithstanding the periods specified in subdivisions 3 and 4 and except
373-12.7as provided in section 169A.54, subdivision 7, a revocation by the commissioner as required
374-12.8under section 169A.54, subdivision 1, or 171.17, subdivision 1, paragraph (a), clause (2),
375-12.9must be for the following periods:
376-12.10 (1) if the person has no qualified prior impaired driving incidents within the past 20
377-12.11years:
378-12.12 (i) not less than 30 days if the person is convicted of an offense under section 169A.20,
379-12.13subdivision 1 (driving while impaired);
380-12.14 (ii) not less than 90 days if the person is convicted of an offense under section 169A.20,
381-12.15subdivision 2 (refusal to submit to chemical test);
382-12.16 (iii) not less than 180 days if the person is under 21 years of age and the test results
383-12.17indicate an alcohol concentration of less than twice the legal limit; or
384-12.18 (iv) not less than one year if the test results indicate an alcohol concentration of twice
385-12.19the legal limit or more; or​
386-12.20 (2) if the person has one qualified prior impaired driving incident within the past 20
387-12.21years, or two or more qualified prior impaired driving incidents, until the commissioner
388-12.22determines that the person used an ignition interlock device in compliance with section
389-12.23171.306 for the period of time described in subdivision 8.
390-12.24 (b) Whenever department records show that the violation involved personal injury or​
391-12.25death to any person, at least 90 additional days must be added to the base periods provided
392-12.26in paragraph (a), clause (1), items (i) to (iv).
393-12.27 Subd. 6.Criminal vehicular operation or homicide conviction; period of license
394-12.28revocation.Notwithstanding the periods specified in subdivisions 3 to 5, a revocation by
395-12.29the commissioner under section 171.17, subdivision 1, paragraph (a), clause (1), after the​
396-12.30commissioner receives a record of a conviction for a violation of section:
397-12.31 (1) 609.2112, subdivision 1, paragraph (a), clause (2), (3), (4), (5), or (6);
398-12.32 (2) 609.2113, subdivision 1, clause (2), (3), (4), (5), or (6);
399-12Sec. 12.​
400-S2068-2 2nd Engrossment​SF2068 REVISOR KRB​ 13.1 (3) 609.2113, subdivision 2, clause (2), (3), (4), (5), or (6);
401-13.2 (4) 609.2113, subdivision 3, clause (2), (3), (4), (5), or (6); or
402-13.3 (5) 609.2114, subdivision 1, paragraph (a), clause (2), (3), (4), (5), or (6); or subdivision
403-13.42, clause (2), (3), (4), (5), or (6),
404-13.5must be until the commissioner determines that the person used an ignition interlock device
405-13.6in compliance with section 171.306 for the period of time described in subdivision 8.
406-13.7 Subd. 7.Driving while impaired; license cancellation and denial.(a) The commissioner​
407-13.8must designate a person with two or more qualified prior impaired driving incidents as​
408-13.9inimical to public safety pursuant to section 171.04, subdivision 1, clause (10), if the person​
409-13.10is convicted of a violation of section:
410-13.11 (1) 169A.20, subdivision 1;
411-13.12 (2) 169A.20, subdivision 2;
412-13.13 (3) 609.2112, subdivision 1, paragraph (a), clause (2), (3), (4), (5), or (6);
413-13.14 (4) 609.2113, subdivision 1, clause (2), (3), (4), (5), or (6);
414-13.15 (5) 609.2113, subdivision 2, clause (2), (3), (4), (5), or (6);
415-13.16 (6) 609.2113, subdivision 3, clause (2), (3), (4), (5), or (6);
416-13.17 (7) 609.2114, subdivision 1, paragraph (a), clause (2), (3), (4), (5), or (6); or
417-13.18 (8) 609.2114, subdivision 2, clause (2), (3), (4), (5), or (6).
418-13.19 (b) The commissioner must cancel the person's driver's license pursuant to section 171.14
419-13.20and must not issue the person a driver's license until the person complies with the provisions
420-13.21of this section and establishes rehabilitation according to standards established by the​
421-13.22commissioner.
422-13.23 Subd. 8.Ignition interlock periods; reduction.(a) Until the commissioner reinstates
423-13.24a person's full driving privileges, the following persons must not operate a motor vehicle,
424-13.25off-road recreational vehicle, or a motorboat unless the person participates in the ignition
425-13.26interlock device program:
426-13.27 (1) a person whose license or permit to drive, or nonresident operating privilege, is
427-13.28revoked as described in subdivision 3, 4, or 5, at a time when the person has one qualified
428-13.29prior impaired driving incident within the past 20 years, or two or more qualified prior
429-13.30impaired driving incidents; and​
334+S2068-1 1st Engrossment​SF2068 REVISOR KRB​ 11.1 (1) 609.2112, subdivision 1, paragraph (a), clause (2), (3), (4), (5), or (6);
335+11.2 (2) 609.2113, subdivision 1, clause (2), (3), (4), (5), or (6);
336+11.3 (3) 609.2113, subdivision 2, clause (2), (3), (4), (5), or (6);​
337+11.4 (4) 609.2113, subdivision 3, clause (2), (3), (4), (5), or (6); or
338+11.5 (5) 609.2114, subdivision 1, paragraph (a), clause (2), (3), (4), (5), or (6); or subdivision
339+11.62, clause (2), (3), (4), (5), or (6),
340+11.7must be until the commissioner determines that the person used an ignition interlock device​
341+11.8in compliance with section 171.306 for the period of time described in subdivision 8.​
342+11.9 Subd. 7.Driving while impaired; license cancellation and denial.(a) The commissioner
343+11.10must designate a person with two or more qualified prior impaired driving incidents as
344+11.11inimical to public safety pursuant to section 171.04, subdivision 1, clause (10), if the person
345+11.12is convicted of a violation of section:
346+11.13 (1) 169A.20, subdivision 1;​
347+11.14 (2) 169A.20, subdivision 2;
348+11.15 (3) 609.2112, subdivision 1, paragraph (a), clause (2), (3), (4), (5), or (6);
349+11.16 (4) 609.2113, subdivision 1, clause (2), (3), (4), (5), or (6);
350+11.17 (5) 609.2113, subdivision 2, clause (2), (3), (4), (5), or (6);
351+11.18 (6) 609.2113, subdivision 3, clause (2), (3), (4), (5), or (6);
352+11.19 (7) 609.2114, subdivision 1, paragraph (a), clause (2), (3), (4), (5), or (6); or​
353+11.20 (8) 609.2114, subdivision 2, clause (2), (3), (4), (5), or (6).
354+11.21 (b) The commissioner must cancel the person's driver's license pursuant to section 171.14
355+11.22and must not issue the person a driver's license until the person complies with the provisions
356+11.23of this section and establishes rehabilitation according to standards established by the
357+11.24commissioner.
358+11.25 Subd. 8.Ignition interlock periods; reduction.(a) Until the commissioner reinstates
359+11.26a person's full driving privileges, the following persons must not operate a motor vehicle,
360+11.27off-road recreational vehicle, or a motorboat unless the person participates in the ignition
361+11.28interlock device program:
362+11.29 (1) a person whose license or permit to drive, or nonresident operating privilege, is
363+11.30revoked as described in subdivision 3, 4, or 5, at a time when the person has one qualified
364+11​Sec. 11.​
365+S2068-1 1st EngrossmentSF2068 REVISOR KRB​ 12.1prior impaired driving incident within the past 20 years, or two or more qualified prior
366+12.2impaired driving incidents; and
367+12.3 (2) a person whose license or permit to drive, or nonresident operating privilege, is
368+12.4revoked as described in subdivision 6, at a time when the person has one qualified prior
369+12.5impaired driving incident.​
370+12.6 (b) The commissioner must not reinstate full driving privileges for a person described
371+12.7in paragraph (a) until the person completes a licensed substance use disorder treatment or
372+12.8rehabilitation program and participates in the ignition interlock device program in compliance
373+12.9with section 171.306 for a period of not less than:
374+12.10 (1) two years if the commissioner revokes the person's license or permit to drive, or
375+12.11nonresident operating privilege as described in:
376+12.12 (i) subdivision 3, 4, or 5 when the person has one qualified prior impaired driving incident
377+12.13within the past 20 years; or
378+12.14 (ii) subdivision 6 when the violation resulted in bodily harm or substantial bodily harm
379+12.15to another and the person has no qualified prior impaired driving incidents;
380+12.16 (2) five years if the commissioner revokes the person's license or permit to drive, or
381+12.17nonresident operating privilege as described in subdivision 6 when the violation resulted
382+12.18in bodily harm or substantial bodily harm to another and the person has one qualified prior
383+12.19impaired driving incident;
384+12.20 (3) six years if the commissioner revokes the person's license or permit to drive, or​
385+12.21nonresident operating privilege as described in:
386+12.22 (i) subdivision 3, 4, or 5 when the person has two qualified prior impaired driving​
387+12.23incidents;
388+12.24 (ii) subdivision 6 when the violation resulted in great bodily harm to another and the
389+12.25person has no qualified prior impaired driving incidents; or​
390+12.26 (iii) subdivision 6 when the violation resulted in death to another and the person has no
391+12.27qualified prior impaired driving incidents;
392+12.28 (4) eight years if the commissioner revokes the person's license or permit to drive, or
393+12.29nonresident operating privileges described in subdivision 6 when the violation resulted in:
394+12.30 (i) great bodily harm to another and the person has one qualified prior impaired driving
395+12.31incident; or
396+12​Sec. 11.​
397+S2068-1 1st Engrossment​SF2068 REVISOR KRB​ 13.1 (ii) bodily harm or substantial bodily harm to another and the person has two qualified
398+13.2prior impaired driving incidents;
399+13.3 (5) ten years if the commissioner revokes the person's license or permit to drive, or​
400+13.4nonresident operating privileges described in:
401+13.5 (i) subdivision 6 when the violation resulted in great bodily harm to another and the
402+13.6person has two qualified prior impaired driving incidents; or​
403+13.7 (ii) subdivision 3, 4, 5, or 6 when the person has three or more qualified prior impaired
404+13.8driving incidents;
405+13.9 (6) 15 years if the commissioner revokes the person's license or permit to drive, or
406+13.10nonresident operating privileges as described in subdivision 6 when the violation resulted
407+13.11in death to another and the person has one qualified prior impaired driving incident; or
408+13.12 (7) for the remainder of the person's life if the commissioner revokes the person's license
409+13.13or permit to drive, or nonresident operating privileges as described in subdivision 6 when
410+13.14the violation resulted in death to another and the person has two qualified prior impaired
411+13.15driving incidents.​
412+13.16 (c) The commissioner must establish standards allowing a person to submit proof that
413+13.17the person completed a licensed substance use disorder treatment or rehabilitation program.
414+13.18A person seeking reinstatement of full driving privileges must submit proof of completion
415+13.19in the form and manner established by the commissioner.​
416+13.20 (d) Nothing in this section prohibits the commissioner from extending the period of time
417+13.21that a person must use an ignition interlock device pursuant to section 171.306, subdivision
418+13.225.
419+13.23 (e) If the commissioner learns that a person whose driving privileges have not been fully
420+13.24reinstated and whose mandated period of use of an ignition interlock device was reduced
421+13.25under this subdivision subsequently (1) registers a positive breath alcohol concentration of
422+13.260.02 or higher on an ignition interlock device, or (2) is convicted of, or adjudicated delinquent
423+13.27for, an offense involving the use of alcohol, the commissioner must extend the time period
424+13.28that the person must use an ignition interlock device until the participant demonstrates
425+13.29abstinence for a period equal to the applicable reduced period under paragraph (b).
426+13.30Sec. 12. Minnesota Statutes 2024, section 171.187, subdivision 3, is amended to read:
427+13.31 Subd. 3.Credit.If a person whose driver's license was suspended under subdivision 1
428+13.32is later convicted of the underlying offense that resulted in the suspension and the
430429 13​Sec. 12.​
431-S2068-2 2nd Engrossment​SF2068 REVISOR KRB​ 14.1 (2) a person whose license or permit to drive, or nonresident operating privilege, is​
432-14.2revoked as described in subdivision 6, at a time when the person has one qualified prior​
433-14.3impaired driving incident.​
434-14.4 (b) The commissioner must not reinstate full driving privileges for a person described​
435-14.5in paragraph (a) until the person completes a licensed substance use disorder treatment or​
436-14.6rehabilitation program and participates in the ignition interlock device program in compliance​
437-14.7with section 171.306 for a period of not less than:​
438-14.8 (1) two years if the commissioner revokes the person's license or permit to drive, or​
439-14.9nonresident operating privilege as described in:​
440-14.10 (i) subdivision 3, 4, or 5 when the person has one qualified prior impaired driving incident​
441-14.11within the past 20 years; or​
442-14.12 (ii) subdivision 6 when the violation resulted in bodily harm or substantial bodily harm​
443-14.13to another and the person has no qualified prior impaired driving incidents;​
444-14.14 (2) five years if the commissioner revokes the person's license or permit to drive, or​
445-14.15nonresident operating privilege as described in subdivision 6 when the violation resulted​
446-14.16in bodily harm or substantial bodily harm to another and the person has one qualified prior​
447-14.17impaired driving incident;​
448-14.18 (3) six years if the commissioner revokes the person's license or permit to drive, or​
449-14.19nonresident operating privilege as described in:​
450-14.20 (i) subdivision 3, 4, or 5 when the person has two qualified prior impaired driving​
451-14.21incidents;​
452-14.22 (ii) subdivision 6 when the violation resulted in great bodily harm to another and the​
453-14.23person has no qualified prior impaired driving incidents; or​
454-14.24 (iii) subdivision 6 when the violation resulted in death to another and the person has no​
455-14.25qualified prior impaired driving incidents;​
456-14.26 (4) eight years if the commissioner revokes the person's license or permit to drive, or​
457-14.27nonresident operating privileges described in subdivision 6 when the violation resulted in:​
458-14.28 (i) great bodily harm to another and the person has one qualified prior impaired driving​
459-14.29incident; or​
460-14.30 (ii) bodily harm or substantial bodily harm to another and the person has two qualified​
461-14.31prior impaired driving incidents;​
462-14​Sec. 12.​
463-S2068-2 2nd Engrossment​SF2068 REVISOR KRB​ 15.1 (5) ten years if the commissioner revokes the person's license or permit to drive, or​
464-15.2nonresident operating privileges described in:​
465-15.3 (i) subdivision 6 when the violation resulted in great bodily harm to another and the​
466-15.4person has two qualified prior impaired driving incidents; or​
467-15.5 (ii) subdivision 3, 4, 5, or 6 when the person has three or more qualified prior impaired​
468-15.6driving incidents;​
469-15.7 (6) 15 years if the commissioner revokes the person's license or permit to drive, or​
470-15.8nonresident operating privileges as described in subdivision 6 when the violation resulted​
471-15.9in death to another and the person has one qualified prior impaired driving incident; or​
472-15.10 (7) for the remainder of the person's life if the commissioner revokes the person's license​
473-15.11or permit to drive, or nonresident operating privileges as described in subdivision 6 when​
474-15.12the violation resulted in death to another and the person has two qualified prior impaired​
475-15.13driving incidents.​
476-15.14 (c) The commissioner must establish standards allowing a person to submit proof that​
477-15.15the person completed a licensed substance use disorder treatment or rehabilitation program.​
478-15.16A person seeking reinstatement of full driving privileges must submit proof of completion​
479-15.17in the form and manner established by the commissioner.​
480-15.18 (d) Nothing in this section prohibits the commissioner from extending the period of time​
481-15.19that a person must use an ignition interlock device pursuant to section 171.306, subdivision​
482-15.205.​
483-15.21 (e) If the commissioner learns that a person whose driving privileges have not been fully​
484-15.22reinstated and whose mandated period of use of an ignition interlock device was reduced​
485-15.23under this subdivision subsequently (1) registers a positive breath alcohol concentration of​
486-15.240.02 or higher on an ignition interlock device, or (2) is convicted of, or adjudicated delinquent​
487-15.25for, an offense involving the use of alcohol, the commissioner must extend the time period​
488-15.26that the person must use an ignition interlock device until the participant demonstrates​
489-15.27abstinence for a period equal to the applicable reduced period under paragraph (b).​
490-15.28Sec. 13. Minnesota Statutes 2024, section 171.187, subdivision 3, is amended to read:​
491-15.29 Subd. 3.Credit.If a person whose driver's license was suspended under subdivision 1​
492-15.30is later convicted of the underlying offense that resulted in the suspension and the​
493-15.31commissioner revokes the person's license, the commissioner shall credit the time accrued​
494-15.32under the suspension period toward the revocation period imposed under section 171.17,​
495-15.33subdivision 4 171.178, subdivision 6, or for violations of section:​
496-15​Sec. 13.​
497-S2068-2 2nd Engrossment​SF2068 REVISOR KRB​ 16.1 (1) 609.20,;​
498-16.2 (2) 609.205, or;​
499-16.3 (3) 609.2112, subdivision 1, paragraph (a), clause (1), (7), or (8);​
500-16.4 (4) 609.2113, subdivision 1, clause (1), (7), or (8); subdivision 2, clause (1), (7), or (8);​
501-16.5or subdivision 3, clause (1), (7), or (8); or​
502-16.6 (5) 609.2114, subdivision 1, paragraph (a), clause (1), (7), or (8), or subdivision 2, clause​
503-16.7(1), (7), or (8).​
504-16.8 Sec. 14. Minnesota Statutes 2024, section 171.19, is amended to read:​
505-16.9 171.19 PETITION FOR COURT HEARING ON LICENSE REINSTATEMENT.​
506-16.10 Any person whose driver's license has been refused, revoked, suspended, canceled, or​
507-16.11disqualified by the commissioner, except where the license is revoked or disqualified under​
508-16.12section 169A.52, 171.177, or 171.186, or whose driver's license revocation, suspension, or​
509-16.13cancellation period has been extended by the commissioner based on a violation of the​
510-16.14ignition interlock program guidelines, may file a petition for a hearing in the matter in the​
511-16.15district court in the county wherein such person shall reside and, in the case of a nonresident,​
512-16.16in the district court in any county, and such court is hereby vested with jurisdiction, and it​
513-16.17shall be its duty, to set the matter for hearing upon 15 days' written notice to the​
514-16.18commissioner, and thereupon to take testimony and examine into the facts of the case to​
515-16.19determine whether the petitioner is entitled to a license or is subject to revocation, suspension,​
516-16.20cancellation, disqualification, or refusal of license, or whether the commissioner's extension​
517-16.21determination is valid or should be modified, and shall render judgment accordingly. The​
518-16.22petition for hearing must either be filed within 180 days of the effective date of the order​
519-16.23of revocation, suspension, cancellation, disqualification, or refusal to license, or of the​
520-16.24commissioner's extension determination, or be filed before expiration of the withdrawal​
521-16.25period, whichever occurs first. The petition shall be heard by the court without a jury and​
522-16.26may be heard in or out of term. The commissioner may appear in person, or by agents or​
523-16.27representatives, and may present evidence upon the hearing by affidavit personally, by​
524-16.28agents, or by representatives. The petitioner may present evidence by affidavit, except that​
525-16.29the petitioner must be present in person at such hearing for the purpose of cross-examination.​
526-16.30In the event the department shall be sustained in these proceedings, the petitioner shall have​
527-16.31no further right to make further petition to any court for the purpose of obtaining a driver's​
528-16.32license until after the expiration of one year after the date of such hearing.​
529-16​Sec. 14.​
530-S2068-2 2nd Engrossment​SF2068 REVISOR KRB​ 17.1 Sec. 15. Minnesota Statutes 2024, section 171.306, subdivision 1, is amended to read:​
531-17.2 Subdivision 1.Definitions.(a) As used in For purposes of this section, the terms in this​
532-17.3subdivision have the meanings given them.​
533-17.4 (b) "Ignition interlock device" or "device" means equipment that is designed to measure​
534-17.5breath alcohol concentration and to prevent a motor vehicle's ignition from being started​
535-17.6by a person whose breath alcohol concentration measures 0.02 or higher on the equipment.​
536-17.7 (c) "Location tracking capabilities" means the ability of an electronic or wireless device​
537-17.8to identify and transmit its geographic location through the operation of the device.​
538-17.9 (d) "Program participant" means a person who has qualified to take part in the ignition​
539-17.10interlock program under this section, and whose driver's license has been:​
540-17.11 (1) revoked, canceled, or denied under section 169A.52; 169A.54; 171.04, subdivision​
541-17.121, clause (10); or 171.177; or​
542-17.13 (2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or suspended​
543-17.14under section 171.187, for a violation of section 609.2112, subdivision 1, paragraph (a),​
544-17.15clause (2), item (i) or (iv), (3), or (4); 609.2113, subdivision 1, clause (2), item (i) or (iii)​
545-17.16(iv), (3), or (4); subdivision 2, clause (2), item (i) or (iii) (iv), (3), or (4); or subdivision 3,​
546-17.17clause (2), item (i) or (iii) (iv), (3), or (4); or 609.2114, subdivision 1, paragraph (a), clause​
547-17.18(2), item (i) or (iv), (3), or (4); or subdivision 2, clause (2), item (i) or (iii) (iv), (3), or (4),​
548-17.19resulting in bodily harm, substantial bodily harm, or great bodily harm, or death.​
549-17.20 (e) "Qualified prior impaired driving incident" has the meaning given in section 169A.03,​
550-17.21subdivision 22.​
551-17.22Sec. 16. Minnesota Statutes 2024, section 171.306, subdivision 4, is amended to read:​
552-17.23 Subd. 4.Issuance of restricted license.(a) The commissioner shall issue a class D​
553-17.24driver's license, subject to the applicable limitations and restrictions of this section, to a​
554-17.25program participant who meets the requirements of this section and the program guidelines.​
555-17.26Notwithstanding any law to the contrary, the commissioner must not require a program​
556-17.27participant to pay the reinstatement fee and surcharge described in section 171.29, subdivision​
557-17.282, before issuing a restricted license under this section. A program participant is not eligible​
558-17.29for full reinstatement of driving privileges until the person pays the full reinstatement fee​
559-17.30and surcharge. The commissioner shall not issue a license unless the program participant​
560-17.31has provided satisfactory proof that:​
561-17​Sec. 16.​
562-S2068-2 2nd Engrossment​SF2068 REVISOR KRB​ 18.1 (1) a certified ignition interlock device has been installed on the participant's motor​
563-18.2vehicle at an installation service center designated by the device's manufacturer; and​
564-18.3 (2) the participant has insurance coverage on the vehicle equipped with the ignition​
565-18.4interlock device. If the participant has previously been convicted of violating section 169.791,​
566-18.5169.793, or 169.797 or the participant's license has previously been suspended, revoked, or​
567-18.6canceled under section 169.792 or 169.797, the commissioner shall require the participant​
568-18.7to present an insurance identification card that is certified by the insurance company to be​
569-18.8noncancelable for a period not to exceed 12 months.​
570-18.9 (b) A license issued under authority of this section must contain a restriction prohibiting​
571-18.10the program participant from driving, operating, or being in physical control of any motor​
572-18.11vehicle not equipped with a functioning ignition interlock device certified by the​
573-18.12commissioner. A participant may drive an employer-owned vehicle not equipped with an​
574-18.13interlock device while in the normal course and scope of employment duties pursuant to​
575-18.14the program guidelines established by the commissioner and with the employer's written​
576-18.15consent.​
577-18.16 (c) A program participant whose may apply for conditional reinstatement of the driver's​
578-18.17license, subject to the ignition interlock restriction, if the program participant's driver's​
579-18.18license has been was:​
580-18.19 (1) revoked, canceled, or denied under section:​
581-18.20 (i) 169A.52, subdivision 3, paragraph (a), clause (1), (2), or (3), or subdivision 4,​
582-18.21paragraph (a), clause (1), (2), or (3);​
583-18.22 (ii) 169A.54, subdivision 1, clause (1), (2), (3), or (4); or​
584-18.23 (iii) 171.177, subdivision 4, paragraph (a), clause (1), (2), or (3), or subdivision 5,​
585-18.24paragraph (a), clause (1), (2), or (3); or​
586-18.25 (2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), for a violation​
587-18.26of section:​
588-18.27 (i) 609.2112, subdivision 1, paragraph (a), clause (2), item (i) or (iv), (3), or (4);​
589-18.28 (ii) 609.2113, subdivision 1, clause (2), item (i) or (iv), (3), or (4); subdivision 2, clause​
590-18.29(2), item (i) or (iv), (3), or (4); or subdivision 3, clause (2), item (i) or (iv), (3), or (4); or​
591-18.30 (iii) 609.2114, subdivision 1, paragraph (a), clause (2), item (i) or (iv), (3), or (4); or​
592-18.31subdivision 2, clause (2), item (i) or (iv), (3), or (4); or​
593-18.32 (3) suspended under section 171.187, for a violation of section:​
594-18​Sec. 16.​
595-S2068-2 2nd Engrossment​SF2068 REVISOR KRB​ 19.1 (i) 609.2112, subdivision 1, paragraph (a), clause (2), item (i) or (iv), (3), or (4);​
596-19.2 (ii) 609.2113, subdivision 1, clause (2), item (i) or (iii) (iv), (3), or (4); subdivision 2,​
597-19.3clause (2), item (i) or (iii) (iv), (3), or (4); or subdivision 3, clause (2), item (i) or (iii) (iv),​
598-19.4(3), or (4); or​
599-19.5 (iii) 609.2114, subdivision 1, paragraph (a), clause (2), item (i) or (iv), (3), or (4); or​
600-19.6subdivision 2, clause (2), item (i) or (iii) (iv), (3), or (4), resulting in bodily harm, substantial​
601-19.7bodily harm, or great bodily harm, where the participant has fewer than two qualified prior​
602-19.8impaired driving incidents within the past ten years or fewer than three qualified prior​
603-19.9impaired driving incidents ever; may apply for conditional reinstatement of the driver's​
604-19.10license, subject to the ignition interlock restriction.​
605-19.11 (d) A program participant whose driver's license has been: (1) revoked, canceled, or​
606-19.12denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or​
607-19.13subdivision 4, paragraph (a), clause (4), (5), or (6); 169A.54, subdivision 1, clause (5), (6),​
608-19.14or (7); or 171.177, subdivision 4, paragraph (a), clause (4), (5), or (6), or subdivision 5,​
609-19.15paragraph (a), clause (4), (5), or (6); or (2) revoked under section 171.17, subdivision 1,​
610-19.16paragraph (a), clause (1), or suspended under section 171.187, for a violation of section​
611-19.17609.2113, subdivision 1, clause (2), item (i) or (iii), (3), or (4); subdivision 2, clause (2),​
612-19.18item (i) or (iii), (3), or (4); or subdivision 3, clause (2), item (i) or (iii), (3), or (4); or​
613-19.19609.2114, subdivision 2, clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm,​
614-19.20substantial bodily harm, or great bodily harm, where the participant has two or more qualified​
615-19.21prior impaired driving incidents within the past ten years or three or more qualified prior​
616-19.22impaired driving incidents ever; may apply for conditional reinstatement of the driver's​
617-19.23license, subject to the ignition interlock restriction, if the program participant is enrolled in​
618-19.24a licensed substance use disorder treatment or rehabilitation program as recommended in​
619-19.25a chemical use assessment. As a prerequisite to eligibility for eventual reinstatement of full​
620-19.26driving privileges, a participant who either had one qualified prior impaired driving incident​
621-19.27within the past 20 years, or two or more qualified prior impaired driving incidents when​
622-19.28the person's driver's license was revoked, canceled, or denied under the conditions described​
623-19.29in paragraph (c), clause (1), or whose driver's license was revoked or suspended under the​
624-19.30conditions described in paragraph (c), clause (2) or (3), and whose chemical use assessment​
625-19.31recommended treatment or rehabilitation shall complete a licensed substance use disorder​
626-19.32treatment or rehabilitation program. If the program participant's ignition interlock device​
627-19.33subsequently registers a positive breath alcohol concentration of 0.02 or higher, the​
628-19.34commissioner shall extend the time period that the participant must participate in the program​
629-19​Sec. 16.​
630-S2068-2 2nd Engrossment​SF2068 REVISOR KRB​ 20.1until the participant has reached the required abstinence period described in section 169A.55,​
631-20.2subdivision 4 171.178, subdivision 8.​
632-20.3 (e) Notwithstanding any statute or rule to the contrary, the commissioner has authority​
633-20.4to determine when a program participant is eligible for restoration of full driving privileges,​
634-20.5except that the commissioner shall not reinstate full driving privileges until the program​
635-20.6participant has met all applicable prerequisites for reinstatement under section sections​
636-20.7169A.55 and 171.178 and until the program participant's device has registered no positive​
637-20.8breath alcohol concentrations of 0.02 or higher during the preceding 90 days.​
638-20.9 Sec. 17. Minnesota Statutes 2024, section 171.306, subdivision 5, is amended to read:​
639-20.10 Subd. 5.Penalties; program violations.(a) If a program participant tampers with,​
640-20.11circumvents, or bypasses a device; drives, operates, or exercises physical control over a​
641-20.12motor vehicle not equipped with a device certified by the commissioner; violates a condition​
642-20.13of a license conditionally reinstated under subdivision 4 and section 171.30; or violates the​
643-20.14program guidelines of subdivision 3, the commissioner shall extend the person's revocation​
644-20.15period and the period of time that a person must use an ignition interlock device under​
645-20.16section 169A.52, 169A.54, or 171.177 171.178 by:​
646-20.17 (1) 180 days for a first violation;​
647-20.18 (2) one year for a second violation; or​
648-20.19 (3) 545 days for a third and each subsequent violation.​
649-20.20 (b) Notwithstanding paragraph (a), the commissioner may terminate participation in the​
650-20.21program by any person when, in the commissioner's judgment, termination is necessary to​
651-20.22the interests of public safety and welfare. In the event of termination, the commissioner​
652-20.23shall not reduce the applicable revocation period under section 169A.52, 169A.54, or 171.177​
653-20.24171.178 by the amount of time during which the person possessed a limited or restricted​
654-20.25driver's license issued under the authority of subdivision 4.​
655-20.26Sec. 18. Minnesota Statutes 2024, section 171.306, subdivision 6, is amended to read:​
656-20.27 Subd. 6.Penalties; tampering.(a) A person who lends, rents, or leases a motor vehicle​
657-20.28that is not equipped with a functioning ignition interlock device certified by the commissioner​
658-20.29to a person with a license issued under this section knowing that the person is subject to the​
659-20.30ignition interlock restriction is guilty of a misdemeanor.​
660-20.31 (b) A person who tampers with, circumvents, or bypasses the ignition interlock device,​
661-20.32or assists another to tamper with, circumvent, or bypass the device, is guilty of a misdemeanor​
662-20​Sec. 18.​
663-S2068-2 2nd Engrossment​SF2068 REVISOR KRB​ 21.1except when the action was taken for emergency purposes or for mechanical repair, and the​
664-21.2person limited to the use of an ignition interlock device does not operate the motor vehicle​
665-21.3while the device is disengaged.​
666-21.4 (c) A person with a license issued under this section who operates a motor vehicle that​
667-21.5is not equipped with a functioning ignition interlock device certified by the commissioner​
668-21.6is guilty of a gross misdemeanor.​
669-21.7 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes​
670-21.8committed on or after that date.​
671-21.9 Sec. 19. REPEALER.​
672-21.10 Minnesota Statutes 2024, sections 169A.54, subdivisions 2, 3, and 4; 169A.55,​
673-21.11subdivisions 4 and 5; and 171.17, subdivision 4, are repealed.​
674-21​Sec. 19.​
675-S2068-2 2nd Engrossment​SF2068 REVISOR KRB​ 169A.54 DWI CONVICTIONS, ADJUDICATIONS; ADMINISTRATIVE PENALTIES.​
430+S2068-1 1st Engrossment​SF2068 REVISOR KRB​ 14.1commissioner revokes the person's license, the commissioner shall credit the time accrued​
431+14.2under the suspension period toward the revocation period imposed under section 171.17,​
432+14.3subdivision 4 171.178, subdivision 6, or for violations of section:​
433+14.4 (1) 609.20,;​
434+14.5 (2) 609.205, or;​
435+14.6 (3) 609.2112, subdivision 1, paragraph (a), clause (1), (7), or (8);​
436+14.7 (4) 609.2113, subdivision 1, clause (1), (7), or (8); subdivision 2, clause (1), (7), or (8);​
437+14.8or subdivision 3, clause (1), (7), or (8); or​
438+14.9 (5) 609.2114, subdivision 1, paragraph (a), clause (1), (7), or (8), or subdivision 2, clause​
439+14.10(1), (7), or (8).​
440+14.11Sec. 13. Minnesota Statutes 2024, section 171.19, is amended to read:​
441+14.12 171.19 PETITION FOR COURT HEARING ON LICENSE REINSTATEMENT.​
442+14.13 Any person whose driver's license has been refused, revoked, suspended, canceled, or​
443+14.14disqualified by the commissioner, except where the license is revoked or disqualified under​
444+14.15section 169A.52, 171.177, or 171.186, or whose driver's license revocation period has been​
445+14.16extended by the commissioner based on a violation of the ignition interlock program​
446+14.17guidelines, may file a petition for a hearing in the matter in the district court in the county​
447+14.18wherein such person shall reside and, in the case of a nonresident, in the district court in​
448+14.19any county, and such court is hereby vested with jurisdiction, and it shall be its duty, to set​
449+14.20the matter for hearing upon 15 days' written notice to the commissioner, and thereupon to​
450+14.21take testimony and examine into the facts of the case to determine whether the petitioner is​
451+14.22entitled to a license or is subject to revocation, suspension, cancellation, disqualification,​
452+14.23revocation extension, or refusal of license, and shall render judgment accordingly. The​
453+14.24petition for hearing must either be filed within 180 days of the effective date of the order​
454+14.25of revocation, suspension, cancellation, disqualification, revocation extension, or refusal to​
455+14.26license or be filed before expiration of the withdrawal period, whichever occurs first. The​
456+14.27petition shall be heard by the court without a jury and may be heard in or out of term. The​
457+14.28commissioner may appear in person, or by agents or representatives, and may present​
458+14.29evidence upon the hearing by affidavit personally, by agents, or by representatives. The​
459+14.30petitioner may present evidence by affidavit, except that the petitioner must be present in​
460+14.31person at such hearing for the purpose of cross-examination. In the event the department​
461+14.32shall be sustained in these proceedings, the petitioner shall have no further right to make​
462+14​Sec. 13.​
463+S2068-1 1st Engrossment​SF2068 REVISOR KRB​ 15.1further petition to any court for the purpose of obtaining a driver's license until after the​
464+15.2expiration of one year after the date of such hearing.​
465+15.3 Sec. 14. Minnesota Statutes 2024, section 171.306, subdivision 1, is amended to read:​
466+15.4 Subdivision 1.Definitions.(a) As used in For purposes of this section, the terms in this​
467+15.5subdivision have the meanings given them.​
468+15.6 (b) "Ignition interlock device" or "device" means equipment that is designed to measure​
469+15.7breath alcohol concentration and to prevent a motor vehicle's ignition from being started​
470+15.8by a person whose breath alcohol concentration measures 0.02 or higher on the equipment.​
471+15.9 (c) "Location tracking capabilities" means the ability of an electronic or wireless device​
472+15.10to identify and transmit its geographic location through the operation of the device.​
473+15.11 (d) "Program participant" means a person who has qualified to take part in the ignition​
474+15.12interlock program under this section, and whose driver's license has been:​
475+15.13 (1) revoked, canceled, or denied under section 169A.52; 169A.54; 171.04, subdivision​
476+15.141, clause (10); or 171.177; or​
477+15.15 (2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or suspended​
478+15.16under section 171.187, for a violation of section 609.2112, subdivision 1, paragraph (a),​
479+15.17clause (2), item (i) or (iv), (3), or (4); 609.2113, subdivision 1, clause (2), item (i) or (iii)​
480+15.18(iv), (3), or (4); subdivision 2, clause (2), item (i) or (iii) (iv), (3), or (4); or subdivision 3,​
481+15.19clause (2), item (i) or (iii) (iv), (3), or (4); or 609.2114, subdivision 1, paragraph (a), clause​
482+15.20(2), item (i) or (iv), (3), or (4); or subdivision 2, clause (2), item (i) or (iii) (iv), (3), or (4),​
483+15.21resulting in bodily harm, substantial bodily harm, or great bodily harm, or death.​
484+15.22 (e) "Qualified prior impaired driving incident" has the meaning given in section 169A.03,​
485+15.23subdivision 22.​
486+15.24Sec. 15. Minnesota Statutes 2024, section 171.306, subdivision 4, is amended to read:​
487+15.25 Subd. 4.Issuance of restricted license.(a) The commissioner shall issue a class D​
488+15.26driver's license, subject to the applicable limitations and restrictions of this section, to a​
489+15.27program participant who meets the requirements of this section and the program guidelines.​
490+15.28Notwithstanding any law to the contrary, the commissioner must not require a program​
491+15.29participant to pay the reinstatement fee and surcharge described in section 171.29, subdivision​
492+15.302, before issuing a restricted license under this section. A program participant is not eligible​
493+15.31for full reinstatement of driving privileges until the person pays the full reinstatement fee​
494+15​Sec. 15.​
495+S2068-1 1st Engrossment​SF2068 REVISOR KRB​ 16.1and surcharge. The commissioner shall not issue a license unless the program participant​
496+16.2has provided satisfactory proof that:​
497+16.3 (1) a certified ignition interlock device has been installed on the participant's motor​
498+16.4vehicle at an installation service center designated by the device's manufacturer; and​
499+16.5 (2) the participant has insurance coverage on the vehicle equipped with the ignition​
500+16.6interlock device. If the participant has previously been convicted of violating section 169.791,​
501+16.7169.793, or 169.797 or the participant's license has previously been suspended, revoked, or​
502+16.8canceled under section 169.792 or 169.797, the commissioner shall require the participant​
503+16.9to present an insurance identification card that is certified by the insurance company to be​
504+16.10noncancelable for a period not to exceed 12 months.​
505+16.11 (b) A license issued under authority of this section must contain a restriction prohibiting​
506+16.12the program participant from driving, operating, or being in physical control of any motor​
507+16.13vehicle not equipped with a functioning ignition interlock device certified by the​
508+16.14commissioner. A participant may drive an employer-owned vehicle not equipped with an​
509+16.15interlock device while in the normal course and scope of employment duties pursuant to​
510+16.16the program guidelines established by the commissioner and with the employer's written​
511+16.17consent.​
512+16.18 (c) A program participant whose may apply for conditional reinstatement of the driver's​
513+16.19license, subject to the ignition interlock restriction, if the program participant's driver's​
514+16.20license has been was:​
515+16.21 (1) revoked, canceled, or denied under section:​
516+16.22 (i) 169A.52, subdivision 3, paragraph (a), clause (1), (2), or (3), or subdivision 4,​
517+16.23paragraph (a), clause (1), (2), or (3);​
518+16.24 (ii) 169A.54, subdivision 1, clause (1), (2), (3), or (4); or​
519+16.25 (iii) 171.177, subdivision 4, paragraph (a), clause (1), (2), or (3), or subdivision 5,​
520+16.26paragraph (a), clause (1), (2), or (3); or​
521+16.27 (2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), for a violation​
522+16.28of section:​
523+16.29 (i) 609.2112, subdivision 1, paragraph (a), clause (2), item (i) or (iv), (3), or (4);​
524+16.30 (ii) 609.2113, subdivision 1, clause (2), item (i) or (iv), (3), or (4); subdivision 2, clause​
525+16.31(2), item (i) or (iv), (3), or (4); or subdivision 3, clause (2), item (i) or (iv), (3), or (4); or​
526+16​Sec. 15.​
527+S2068-1 1st Engrossment​SF2068 REVISOR KRB​ 17.1 (iii) 609.2114, subdivision 1, paragraph (a), clause (2), item (i) or (iv), (3), or (4); or​
528+17.2subdivision 2, clause (2), item (i) or (iv), (3), or (4); or​
529+17.3 (3) suspended under section 171.187, for a violation of section:​
530+17.4 (i) 609.2112, subdivision 1, paragraph (a), clause (2), item (i) or (iv), (3), or (4);​
531+17.5 (ii) 609.2113, subdivision 1, clause (2), item (i) or (iii) (iv), (3), or (4); subdivision 2,​
532+17.6clause (2), item (i) or (iii) (iv), (3), or (4); or subdivision 3, clause (2), item (i) or (iii) (iv),​
533+17.7(3), or (4); or​
534+17.8 (iii) 609.2114, subdivision 1, paragraph (a), clause (2), item (i) or (iv), (3), or (4); or​
535+17.9subdivision 2, clause (2), item (i) or (iii) (iv), (3), or (4), resulting in bodily harm, substantial​
536+17.10bodily harm, or great bodily harm, where the participant has fewer than two qualified prior​
537+17.11impaired driving incidents within the past ten years or fewer than three qualified prior​
538+17.12impaired driving incidents ever; may apply for conditional reinstatement of the driver's​
539+17.13license, subject to the ignition interlock restriction.​
540+17.14 (d) A program participant whose driver's license has been: (1) revoked, canceled, or​
541+17.15denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or​
542+17.16subdivision 4, paragraph (a), clause (4), (5), or (6); 169A.54, subdivision 1, clause (5), (6),​
543+17.17or (7); or 171.177, subdivision 4, paragraph (a), clause (4), (5), or (6), or subdivision 5,​
544+17.18paragraph (a), clause (4), (5), or (6); or (2) revoked under section 171.17, subdivision 1,​
545+17.19paragraph (a), clause (1), or suspended under section 171.187, for a violation of section​
546+17.20609.2113, subdivision 1, clause (2), item (i) or (iii), (3), or (4); subdivision 2, clause (2),​
547+17.21item (i) or (iii), (3), or (4); or subdivision 3, clause (2), item (i) or (iii), (3), or (4); or​
548+17.22609.2114, subdivision 2, clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm,​
549+17.23substantial bodily harm, or great bodily harm, where the participant has two or more qualified​
550+17.24prior impaired driving incidents within the past ten years or three or more qualified prior​
551+17.25impaired driving incidents ever; may apply for conditional reinstatement of the driver's​
552+17.26license, subject to the ignition interlock restriction, if the program participant is enrolled in​
553+17.27a licensed substance use disorder treatment or rehabilitation program as recommended in​
554+17.28a chemical use assessment. As a prerequisite to eligibility for eventual reinstatement of full​
555+17.29driving privileges, a participant who either had one qualified prior impaired driving incident​
556+17.30within the past 20 years, or two or more qualified prior impaired driving incidents when​
557+17.31the person's driver's license was revoked, canceled, or denied under the conditions described​
558+17.32in paragraph (c), clause (1), or whose driver's license was revoked or suspended under the​
559+17.33conditions described in paragraph (c), clause (2) or (3), and whose chemical use assessment​
560+17.34recommended treatment or rehabilitation shall complete a licensed substance use disorder​
561+17​Sec. 15.​
562+S2068-1 1st Engrossment​SF2068 REVISOR KRB​ 18.1treatment or rehabilitation program. If the program participant's ignition interlock device​
563+18.2subsequently registers a positive breath alcohol concentration of 0.02 or higher, the​
564+18.3commissioner shall extend the time period that the participant must participate in the program​
565+18.4until the participant has reached the required abstinence period described in section 169A.55,​
566+18.5subdivision 4 171.178, subdivision 8.​
567+18.6 (e) Notwithstanding any statute or rule to the contrary, the commissioner has authority​
568+18.7to determine when a program participant is eligible for restoration of full driving privileges,​
569+18.8except that the commissioner shall not reinstate full driving privileges until the program​
570+18.9participant has met all applicable prerequisites for reinstatement under section sections​
571+18.10169A.55 and 171.178 and until the program participant's device has registered no positive​
572+18.11breath alcohol concentrations of 0.02 or higher during the preceding 90 days.​
573+18.12Sec. 16. Minnesota Statutes 2024, section 171.306, subdivision 5, is amended to read:​
574+18.13 Subd. 5.Penalties; program violations.(a) If a program participant tampers with,​
575+18.14circumvents, or bypasses a device; drives, operates, or exercises physical control over a​
576+18.15motor vehicle not equipped with a device certified by the commissioner; violates a condition​
577+18.16of a license conditionally reinstated under subdivision 4 and section 171.30; or violates the​
578+18.17program guidelines of subdivision 3, the commissioner shall extend the person's revocation​
579+18.18period and the period of time that a person must use an ignition interlock device under​
580+18.19section 169A.52, 169A.54, or 171.177 171.178 by:​
581+18.20 (1) 180 days for a first violation;​
582+18.21 (2) one year for a second violation; or​
583+18.22 (3) 545 days for a third and each subsequent violation.​
584+18.23 (b) Notwithstanding paragraph (a), the commissioner may terminate participation in the​
585+18.24program by any person when, in the commissioner's judgment, termination is necessary to​
586+18.25the interests of public safety and welfare. In the event of termination, the commissioner​
587+18.26shall not reduce the applicable revocation period under section 169A.52, 169A.54, or 171.177​
588+18.27171.178 by the amount of time during which the person possessed a limited or restricted​
589+18.28driver's license issued under the authority of subdivision 4.​
590+18.29Sec. 17. Minnesota Statutes 2024, section 171.306, subdivision 6, is amended to read:​
591+18.30 Subd. 6.Penalties; tampering.(a) A person who lends, rents, or leases a motor vehicle​
592+18.31that is not equipped with a functioning ignition interlock device certified by the commissioner​
593+18​Sec. 17.​
594+S2068-1 1st Engrossment​SF2068 REVISOR KRB​ 19.1to a person with a license issued under this section knowing that the person is subject to the​
595+19.2ignition interlock restriction is guilty of a misdemeanor.​
596+19.3 (b) A person who tampers with, circumvents, or bypasses the ignition interlock device,​
597+19.4or assists another to tamper with, circumvent, or bypass the device, is guilty of a misdemeanor​
598+19.5except when the action was taken for emergency purposes or for mechanical repair, and the​
599+19.6person limited to the use of an ignition interlock device does not operate the motor vehicle​
600+19.7while the device is disengaged.​
601+19.8 (c) A person with a license issued under this section who operates a motor vehicle that​
602+19.9is not equipped with a functioning ignition interlock device certified by the commissioner​
603+19.10is guilty of a gross misdemeanor.​
604+19.11 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes​
605+19.12committed on or after that date.​
606+19.13Sec. 18. REPEALER.​
607+19.14 Minnesota Statutes 2024, sections 169A.54, subdivisions 2, 3, and 4; 169A.55,​
608+19.15subdivisions 4 and 5; and 171.17, subdivision 4, are repealed.​
609+19​Sec. 18.​
610+S2068-1 1st Engrossment​SF2068 REVISOR KRB​ 169A.54 DWI CONVICTIONS, ADJUDICATIONS; ADMINISTRATIVE PENALTIES.​
676611 Subd. 2.Driving while impaired by person under age 21.If the person convicted of violating​
677612 section 169A.20 (driving while impaired) is under the age of 21 years at the time of the violation,​
678613 the commissioner shall revoke the offender's driver's license or operating privileges for a period of​
679614 not less than 180 days or for the appropriate period of time under subdivision 1, clauses (1) to (6),​
680615 for the offense committed, whichever is the longer period.​
681616 Subd. 3.Juvenile adjudications.For purposes of this section, a juvenile adjudication under​
682617 section 169A.20 (driving while impaired), an ordinance in conformity with it, or a statute or ordinance​
683618 from another state in conformity with it is an offense.​
684619 Subd. 4.Violations involving personal injury.Whenever department records show that the​
685620 violation involved personal injury or death to any person, at least 90 additional days must be added​
686621 to the base periods provided in subdivisions 1 to 3.​
687622 169A.55 LICENSE REVOCATION TERMINATION; LICENSE REINSTATEMENT.​
688623 Subd. 4.Reinstatement of driving privileges; multiple incidents.(a) A person whose driver's​
689624 license has been revoked as a result of an offense listed under clause (2) shall not be eligible for​
690625 reinstatement of driving privileges without an ignition interlock restriction until the commissioner​
691626 certifies that either:​
692627 (1) the person did not own or lease a vehicle at the time of the offense or at any time between​
693628 the time of the offense and the driver's request for reinstatement, or commit a violation of chapter​
694629 169, 169A, or 171 between the time of the offense and the driver's request for reinstatement or at​
695630 the time of the arrest for the offense listed under clause (2), item (i), subitem (A) or (B), or (ii),​
696631 subitem (A) or (B), as based on:​
697632 (i) a request by the person for reinstatement, on a form to be provided by the Department of​
698633 Public Safety;​
699634 (ii) the person's attestation under penalty of perjury; and​
700635 (iii) the submission by the driver of certified copies of vehicle registration records and driving​
701636 records for the period from the arrest until the driver seeks reinstatement of driving privileges; or​
702637 (2) the person used the ignition interlock device and complied with section 171.306 for a period​
703638 of not less than:​
704639 (i) one year, for a person whose driver's license was revoked for:​
705640 (A) an offense occurring within ten years of a qualified prior impaired driving incident; or​
706641 (B) an offense occurring after two qualified prior impaired driving incidents; or​
707642 (ii) two years, for a person whose driver's license was revoked for:​
708643 (A) an offense occurring under item (i), subitem (A) or (B), and the test results indicated an​
709644 alcohol concentration of twice the legal limit or more; or​
710645 (B) an offense occurring under item (i), subitem (A) or (B), and the current offense is for a​
711646 violation of section 169A.20, subdivision 2.​
712647 (b) A person whose driver's license has been canceled or denied as a result of three or more​
713648 qualified impaired driving incidents shall not be eligible for reinstatement of driving privileges​
714649 without an ignition interlock restriction until the person:​
715650 (1) has completed rehabilitation according to rules adopted by the commissioner or been granted​
716651 a variance from the rules by the commissioner; and​
717652 (2) has submitted verification of abstinence from alcohol and controlled substances under​
718653 paragraph (c), as evidenced by the person's use of an ignition interlock device or other chemical​
719654 monitoring device approved by the commissioner.​
720655 (c) The verification of abstinence must show that the person has abstained from the use of​
721656 alcohol and controlled substances for a period of not less than:​
722657 (1) three years, for a person whose driver's license was canceled or denied for an offense​
723658 occurring within ten years of the first of two qualified prior impaired driving incidents, or occurring​
724659 after three qualified prior impaired driving incidents;​
725660 1R​
726661 APPENDIX​
727-Repealed Minnesota Statutes: S2068-2​ (2) four years, for a person whose driver's license was canceled or denied for an offense occurring​
662+Repealed Minnesota Statutes: S2068-1​ (2) four years, for a person whose driver's license was canceled or denied for an offense occurring​
728663 within ten years of the first of three qualified prior impaired driving incidents; or​
729664 (3) six years, for a person whose driver's license was canceled or denied for an offense occurring​
730665 after four or more qualified prior impaired driving incidents.​
731666 Subd. 5.Reinstatement of driving privileges; certain criminal vehicular operation offenses.A​
732667 person whose driver's license has been revoked under section 171.17, subdivision 1, paragraph (a),​
733668 clause (1) (revocation, criminal vehicular operation), or suspended under section 171.187 (suspension,​
734669 criminal vehicular operation), for a violation of section 609.2113, subdivision 1, clause (2), item​
735670 (i) or (iii), (3), or (4), subdivision 2, clause (2), item (i) or (iii), (3), or (4), or subdivision 3, clause​
736671 (2), item (i) or (iii), (3), or (4); or section 609.2114, subdivision 2, clause (2), item (i) or (iii) (criminal​
737672 vehicular operation, alcohol-related provisions), resulting in bodily harm, substantial bodily harm,​
738673 or great bodily harm, shall not be eligible for reinstatement of driving privileges until the person​
739674 has submitted to the commissioner verification of the use of ignition interlock for the applicable​
740675 time period specified in those sections. To be eligible for reinstatement under this subdivision, a​
741676 person shall utilize an ignition interlock device that meets the performance standards and certification​
742677 requirements under subdivision 4, paragraph (c).​
743678 171.17 REVOCATION.​
744679 Subd. 4.Criminal vehicular operation; revocation periods.(a) As used in this subdivision,​
745680 "qualified prior impaired driving incident" has the meaning given in section 169A.03, subdivision​
746681 22.​
747682 (b) Upon receiving a record of a conviction for a violation of section 609.2112, subdivision 1,​
748683 paragraph (a), clause (2), (3), (4), (5), or (6); 609.2113, subdivision 1, clause (2), (3), (4), (5), or​
749684 (6); subdivision 2, clause (2), (3), (4), (5), or (6); or subdivision 3, clause (2), (3), (4), (5), or (6);​
750685 or 609.2114, subdivision 1, paragraph (a), clause (2), (3), (4), (5), or (6), or subdivision 2, clause​
751686 (2), (3), (4), (5), or (6); the commissioner shall revoke the driver's license or driving privileges of​
752687 a person as follows:​
753688 (1) not less than ten years if the violation resulted in great bodily harm or death to another and​
754689 the person has two or more qualified prior impaired driving incidents within the past ten years or​
755690 three or more qualified prior impaired driving incidents, and with denial under section 171.04,​
756691 subdivision 1, clause (10), until rehabilitation is established according to standards established by​
757692 the commissioner;​
758693 (2) not less than eight years if the violation resulted in great bodily harm or death to another​
759694 and the person has a qualified prior impaired driving incident within the past ten years;​
760695 (3) not less than six years if the violation resulted in great bodily harm or death to another;​
761696 (4) not less than six years if the violation resulted in bodily harm or substantial bodily harm to​
762697 another and the person has two or more qualified prior impaired driving incidents within the past​
763698 ten years or three or more qualified prior impaired driving incidents, and with denial under section​
764699 171.04, subdivision 1, clause (10), until rehabilitation is established according to standards established​
765700 by the commissioner;​
766701 (5) not less than four years if the violation resulted in bodily harm or substantial bodily harm​
767702 to another and the person has a qualified prior impaired driving incident within the past ten years;​
768703 or​
769704 (6) not less than two years if the violation resulted in bodily harm or substantial bodily harm to​
770705 another.​
771706 (c) Section 169A.09 applies when determining the number of qualified prior impaired driving​
772707 incidents under this subdivision.​
773708 2R​
774709 APPENDIX​
775-Repealed Minnesota Statutes: S2068-2
710+Repealed Minnesota Statutes: S2068-1