Minn. Stat. » CHAPTER 169A. DRIVING WHILE IMPAIRED
Minnesota Statutes

Minn. Stat. § 169A.43 (2026)

Prosecutorial Responsibility; Venue; Criminal History

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Subdivision 1.Definition.

As used in this section, "impaired driving offense" includes violations of sections 169A.20 to 169A.33.

Subd. 2.Prosecution.

The attorney in the jurisdiction in which an impaired driving offense occurred who is responsible for prosecution of misdemeanor-level impaired driving offenses is also responsible for prosecution of gross misdemeanor-level impaired driving offenses.

Subd. 3.Venue.

(a) A violation of section 169A.20, subdivision 2 (refusal to submit to chemical test) may be prosecuted either in the jurisdiction where the arresting officer observed the defendant driving, operating, or in control of the motor vehicle or in the jurisdiction where the refusal occurred.

(b) An underage drinking and driving offense may be prosecuted as provided in section 169A.33, subdivision 6 (underage drinking and driving).

Subd. 4.Criminal history information.

When an attorney responsible for prosecuting impaired driving offenses requests criminal history information relating to prior impaired driving convictions from a court, the court shall furnish the information without charge.

Notes of Decisions
Cited in 2 cases, 2007–2019 · leading case: State v. Lemmer, 736 N.W.2d 650 (Minn. 2007).
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State v. Lemmer, 736 N.W.2d 650 (Minn. 2007). · cites it 8× “See Minn.Stat. § 169A.43, subd. 2 (2006). In this case, the prosecuting attorney was the Scott County Attorney, whose authority to prosecute impaired driving offenses arises from Minn.”
State v. Wood, 922 N.W.2d 209 (Minn. Ct. App. 2019). · cites it 2× “Minn. Stat. §§ 169A.43 -.48 (2014). Among them is the following provision: Upon the trial of any prosecution arising out of acts alleged to have been committed by any person arrested for violating section 169A.”
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