Peace officer authorization to use oral fluid screening of drivers to determine the presence of drugs

A bill for an act

relating to public safety; authorizing peace officers to use oral fluid screening of

drivers to determine presence of drugs; amending Minnesota Statutes 2024, sections

169A.41, subdivision 1; 169A.51, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 169A.41, subdivision 1, is amended to read:

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
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or controlled substance-related
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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
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or oral fluid
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for a preliminary screening test using

a device approved by the commissioner for this purpose.

Sec. 2.

Minnesota Statutes 2024, section 169A.51, subdivision 1, is amended to read:

Subdivision 1.

Implied consent; conditions; election of test.

(a) Any person who drives,

operates, or is in physical control of a motor vehicle within this state or on any boundary

water of this state consents, subject to the provisions of sections
169A.50
to
169A.53
(implied

consent law), and section
169A.20
(driving while impaired), to a chemical test of that

person's blood, breath, or urine for the purpose of determining the presence of alcohol; a

controlled substance or its metabolite; cannabis flower, a cannabis product, a lower-potency

hemp edible, a hemp-derived consumer product, artificially derived cannabinoids, or

tetrahydrocannabinols; or an intoxicating substance. The test must be administered at the

direction of a peace officer.

(b) The test may be required of a person when an officer has probable cause to believe

the person was driving, operating, or in physical control of a motor vehicle in violation of

section
169A.20
(driving while impaired), and one of the following conditions exist:

(1) the person has been lawfully placed under arrest for violation of section
169A.20
or

an ordinance in conformity with it;

(2) the person has been involved in a motor vehicle accident or collision resulting in

property damage, personal injury, or death;

(3) the person has refused to take the screening test provided for by section
169A.41

(preliminary screening test); or

(4) the screening test was administered and indicated an alcohol concentration of 0.08

or more
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or the presence of a controlled or intoxicating substance
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.

(c) The test may also be required of a person when an officer has probable cause to

believe the person was driving, operating, or in physical control of a commercial motor

vehicle with the presence of any alcohol
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or a controlled or intoxicating substance
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.