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Subdivision 1.When authorized.
When a peace officer has reason to believe from the manner in which a person is driving, operating, controlling, or acting upon departure from a motor vehicle, or has driven, operated, or controlled a motor vehicle, that the driver may be violating or has violated section 169A.20 (driving while impaired), 169A.31 (alcohol-related school bus or Head Start bus driving), or 169A.33 (underage drinking and driving), or an alcohol-related violation of section 221.0314 or 221.605 committed by a driver of a commercial vehicle, the officer may require the driver to provide a sample of the driver's breath for a preliminary screening test using a device approved by the commissioner for this purpose.
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Subd. 2.Use of test results.
The results of this preliminary screening test must be used for the purpose of deciding whether an arrest should be made and whether to require the tests authorized in section 169A.51 (chemical tests for intoxication), but must not be used in any court action except the following:
(1) to prove that a test was properly required of a person pursuant to section 169A.51, subdivision 1;
(2) in a civil action arising out of the operation or use of the motor vehicle;
(3) in an action for license reinstatement under section 171.19;
(4) in a prosecution for a violation of section 169A.20, subdivision 2 (driving while impaired; test refusal);
(5) in a prosecution or juvenile court proceeding concerning a violation of section 169A.33 (underage drinking and driving), or 340A.503, subdivision 1, paragraph (a), clause (2) (underage alcohol consumption);
(6) in a prosecution under section 169A.31 (alcohol-related school or Head Start bus driving), or 171.30 (limited license);
(7) in a prosecution for a violation of a restriction on a driver's license under section 171.09, which provides that the license holder may not use or consume any amount of alcohol or a controlled substance; or
(8) in a prosecution for a violation of Code of Federal Regulations, title 49, part 392, as adopted in sections 221.0314, subdivision 6, and 221.605.
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Subd. 3.Additional tests.
Following the screening test additional tests may be required of the driver pursuant to the provisions of section 169A.51 (chemical tests for intoxication).
Notes of Decisions
State of Minnesota v. David Muniz Bustos, 861 N.W.2d 655 (Minn. 2015).
· cites it 10× “The district court denied the motion because Minn. Stat. § 169A.41, subd. 2 (2014), prohibited the test from being admitted as evidence and, alternatively, because the PBT lacked evidentiary foundation.”
State v. Laducer, 676 N.W.2d 693 (Minn. Ct. App. 2004).
· cites it 16× “*696 On Laducer’s pretrial motion, the district court found a correctional officer is not a “peace officer” and as such cannot administer a preliminary breath test under Minn.Stat. § 169A.41 (2002). The court further determined that without the results of the correctional…”
State v. Larivee, 656 N.W.2d 226 (Minn. 2003).
· cites it 4× “" Minn.Stat. § 169A.41, subd. 1 (2002). [1] If the driver refuses the preliminary screening test, his or her refusal is admissible evidence in a criminal prosecution for drunk driving.”
Mell v. Comm'r of Pub. Saf., 757 N.W.2d 702 (Minn. Ct. App. 2008).
· cites it 5× “We reject the claim that the administration of the PBT by the jailer was improper simply because it was not done incident to Minn.Stat. § 169A.41. That statute does not limit use of the PBT to traffic stops.”
Axelberg v. Comm'r of Pub. Saf., 848 N.W.2d 206 (Minn. 2014).
· cites it 2× “20? (3) Was the person involved in a motor vehicle accident or collision resulting in property damage, personal injury, or death? (4) Did the person refuse to take a screening test provided for by section 169A.41 (preliminary screening test)? (5) If the screening test was…”
State v. Flermoen, 785 N.W.2d 787 (Minn. Ct. App. 2010).
· cites it 9× “But she disregards the criminal DWI evidence statute, Minn.Stat.”
State v. Stoskopf, 644 N.W.2d 842 (Minn. Ct. App. 2002).
· cites it 8× “The court relied on Minn.Stat. § 169A.41 (2000) and determined, for purposes of a B-card issue, that there is neither a statutory requirement to read the implied-consent advisory before requesting a PBT nor a requirement that an officer observe a driver before administering the…”
Reeves v. Comm'r of Pub. Saf., 751 N.W.2d 117 (Minn. Ct. App. 2008).
· cites it 2× “” Minn.Stat. § 169A.41, subd. 2 (2006). But driving while “under the influence of alcohol” or driving with an alcohol concentration of .”
State v. Hester, 796 N.W.2d 328 (Minn. 2011).
· cites it 2× “Hester asserted that under Minn.Stat. §§ 169A.41 and 169A.51 (2010), only police officers who satisfy the definition of a peace officer under section 169A.”
Hayes v. Comm'r of Pub. Saf., 773 N.W.2d 134 (Minn. Ct. App. 2009).
· cites it 2× “20? (3) Was the person involved in a motor vehicle accident or collision resulting in property damage, personal injury, or death? (4) Did the person refuse to take a screening test provided for by section 169A.41 (preliminary screening test)? (5) If the screening test was…”
— Minn. Stat. § 169A.41(2) — 2 cases
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