Revocation and licensing requirements for violations of impaired driving laws involving substances other than alcohol establishment and appropriation

A bill for an act

relating to driving under the influence; establishing revocation and licensing

requirements for violations of impaired driving laws involving substances other

than alcohol; authorizing rulemaking; appropriating money; amending Minnesota

Statutes 2025 Supplement, sections 171.178; 171.306, subdivisions 1, 4, 10;

proposing coding for new law in Minnesota Statutes, chapter 171.

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

Section 1.

Minnesota Statutes 2025 Supplement, section 171.178, is amended to read:

171.178 REVOCATION, DENIAL, AND REINSTATEMENT; DRIVING WHILE

IMPAIRED; CRIMINAL VEHICULAR HOMICIDE AND OPERATION.

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms have

the meanings given.

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(b) "Alcohol-related violation" means any of the following:

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(1) a refusal by a person to submit to a test of the person's breath, blood, or urine pursuant

to section 169A.51, 169A.52, or 171.177 after a peace officer certified that there existed

probable cause to believe the person had been driving, operating, or in physical control of

a motor vehicle (i) while under the influence of alcohol, (ii) while under the influence of

alcohol and another substance, or (iii) with an alcohol concentration that exceeds the limits

established in chapter 169A;

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(2) driving, operating, or being in physical control of a motor vehicle with an alcohol

concentration that exceeds the limits established in chapter 169A as demonstrated by a test

of the person's breath, blood, or urine performed pursuant to section 169A.51, 169A.52, or

171.177; or

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(3) driving, operating, or being in physical control of a motor vehicle (i) while under

the influence of alcohol, (ii) while under the influence of alcohol and another substance, or

(iii) with an alcohol concentration that exceeds the limits established in chapter 169A as

demonstrated by a conviction for violating section 169A.20.

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(b)
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(c)
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"Ignition interlock device" has the meaning given in section
171.306, subdivision

1
.

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(c)
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(d)
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"Qualified prior impaired driving incident" has the meaning given in section

169A.03
, subdivision 22.

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(e) "Substance-related violation" means any of the following:

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(1) a refusal by a person to submit to a test of the person's breath, blood, or urine pursuant

to section 169A.51, 169A.52, or 171.177 after a peace officer certified that there existed

probable cause to believe the person had been driving, operating, or in physical control of

a motor vehicle:

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(i) while under the influence of a controlled substance;

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(ii) while under the influence of an intoxicating substance;

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(iii) while under the influence of any combination of a controlled substance, an

intoxicating substance, and alcohol;

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(iv) while the person's body contained any amount of a controlled substance listed in

Schedule I or II, or its metabolite; or

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(v) while under the influence of cannabis flower, a cannabis product, a lower-potency

hemp edible, a hemp-derived consumer product, an artificially derived cannabinoid, or

tetrahydrocannabinols;

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(2) driving, operating, or being in physical control of a motor vehicle while the person's

body contained any amount of a controlled substance listed in Schedule I or II, or its

metabolite, other than marijuana or tetrahydrocannabinols, as demonstrated by a test of the

person's breath, blood, or urine performed pursuant to section 169A.51, 169A.52, or 171.177;

or

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(3) driving, operating, or being in physical control of a motor vehicle:

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(i) while under the influence of a controlled substance;

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(ii) while under the influence of an intoxicating substance;

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(iii) while under the influence of any combination of a controlled substance, an

intoxicating substance, and alcohol;

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(iv) while the person's body contained any amount of a controlled substance listed in

Schedule I or II, or its metabolite; or

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(v) while under the influence of cannabis flower, a cannabis product, a lower-potency

hemp edible, a hemp-derived consumer product, an artificially derived cannabinoid, or

tetrahydrocannabinols as demonstrated by a conviction for violating section 169A.20.

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Subd. 2.

Qualified prior impaired driving incident; determination.

Section
169A.09

applies for determining the number of qualified prior impaired driving incidents under this

section.

Subd. 3.

Test refusal; period of license revocation.

A revocation by the commissioner

as required under section
169A.52, subdivision 3
, or
171.177, subdivision 4
, must be for

the following periods:

(1) if the person has no qualified prior impaired driving incidents within the past 20

years, not less than one year;
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or
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(2) if the person
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committed an alcohol-related violation and
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has one qualified prior

impaired driving incident within the past 20 years, or two or more qualified prior impaired

driving incidents, until the commissioner determines that the person used an ignition interlock

device in compliance with section
171.306
for the period of time described in subdivision

8
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.
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; or
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(3) if the person committed a substance-related violation and has one qualified prior

impaired driving incident within the past 20 years, or two or more qualified prior impaired

driving incidents, until the commissioner determines that the person completed the testing

requirements in compliance with section 171.307 for the period of time described in

subdivision 8.

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Subd. 4.

Test failure; period of license revocation.

A revocation by the commissioner

as required under section
169A.52, subdivision 4
, or
171.177, subdivision 5
, must be for

the following periods:

(1) if the person has no qualified prior impaired driving incidents within the past 20

years:

(i) not less than 90 days;

(ii) not less than 180 days if the person is under 21 years of age and the test results

indicate an alcohol concentration of less than twice the legal limit; or

(iii) not less than one year if the test results indicate an alcohol concentration of twice

the legal limit or more;
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or
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(2) if the person
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committed an alcohol-related violation and
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has one qualified prior

impaired driving incident within the past 20 years, or two or more qualified prior impaired

driving incidents, until the commissioner determines that the person used an ignition interlock

device in compliance with section
171.306
for the period of time described in subdivision

8
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.
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; or
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(3) if the person committed a substance-related violation and has one qualified prior

impaired driving incident within the past 20 years, or two or more qualified prior impaired

driving incidents, until the commissioner determines that the person completed the testing

requirements in compliance with section 171.307 for the period of time described in

subdivision 8.

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Subd. 5.

Driving while impaired conviction or adjudication; period of license

revocation.

(a) Notwithstanding the periods specified in subdivisions 3 and 4 and except

as provided in section
169A.54, subdivision 7
, a revocation by the commissioner as required

under section
169A.54, subdivision 1
, or
171.17, subdivision 1
, paragraph (a), clause (3)

or (10), for conviction of an offense in another state that would be grounds for revocation

in this state under section
169A.54, subdivision 1
, must be for the following periods:

(1) if the person has no qualified prior impaired driving incidents within the past 20

years:

(i) not less than 30 days if the person is convicted of an offense under section
169A.20,

subdivision 1
(driving while impaired);

(ii) not less than 90 days if the person is convicted of an offense under section
169A.20,

subdivision 2
(refusal to submit to chemical test);

(iii) not less than 180 days if the person is under 21 years of age and the test results

indicate an alcohol concentration of less than twice the legal limit; or

(iv) not less than one year if the test results indicate an alcohol concentration of twice

the legal limit or more;
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or
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(2) if the person
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committed an alcohol-related violation and
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has one qualified prior

impaired driving incident within the past 20 years, or two or more qualified prior impaired

driving incidents, until the commissioner determines that the person used an ignition interlock

device in compliance with section
171.306
for the period of time described in subdivision

8
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.
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; or
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(3) if the person committed a substance-related violation and has one qualified prior

impaired driving incident within the past 20 years, or two or more qualified prior impaired

driving incidents, until the commissioner determines that the person completed the testing

requirements in compliance with section 171.307 for the period of time described in

subdivision 8.

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(b) Whenever department records show that the violation involved personal injury or

death to any person, at least 90 additional days must be added to the base periods provided

in paragraph (a), clause (1), items (i) to (iv).

Subd. 6.

Criminal vehicular operation or homicide conviction; period of license

revocation.

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(a)
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Notwithstanding the periods specified in subdivisions 3 to 5, a revocation

by the commissioner under section
171.17, subdivision 1
, paragraph (a), clause (2), after

the commissioner receives a record of a conviction for a violation of section:

(1)
609.2112, subdivision 1
, paragraph (a), clause (2),
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item (i) or (iv) if one element

included alcohol,
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(3),
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or
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(4)
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, (5), or (6)
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;

(2)
609.2113, subdivision 1
, clause (2),
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item (i) or (iv) if one element included alcohol,
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(3),
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or
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(4)
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, (5), or (6)
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;

(3)
609.2113, subdivision 2
, clause (2),
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item (i) or (iv) if one element included alcohol,
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(3),
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or
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(4)
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, (5), or (6)
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;

(4)
609.2113, subdivision 3
, clause (2),
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item (i) or (iv) if one element included alcohol,
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(3),
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or
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(4)
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, (5), or (6)
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; or

(5)
609.2114, subdivision 1
, paragraph (a), clause (2),
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item (i) or (iv) if one element

included alcohol,
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(3),
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or
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(4)
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, (5), or (6)
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; or subdivision 2, clause (2),
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item (i) or (iv) if one

element included alcohol,
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(3),
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or
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(4),
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(5), or (6),
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must be until the commissioner determines that the person used an ignition interlock device

in compliance with section
171.306
for the period of time described in subdivision 8.

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(b) Notwithstanding the periods specified in subdivisions 3 to 5, a revocation by the

commissioner under section 171.17, subdivision 1, paragraph (a), clause (2), after the

commissioner receives a record of a conviction for a violation of section:

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(1) 609.2112, subdivision 1, paragraph (a), clause (2), item (ii), (iii), or (iv), (5), or (6);

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(2) 609.2113, subdivision 1, clause (2), item (ii), (iii), or (iv), (5), or (6);

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(3) 609.2113, subdivision 2, clause (2), item (ii), (iii), or (iv), (5), or (6);

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(4) 609.2113, subdivision 3, clause (2), item (ii), (iii), or (iv), (5), or (6); or

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(5) 609.2114, subdivision 1, paragraph (a), clause (2), item (ii), (iii), or (iv), (5), or (6);

or subdivision 2, clause (2), item (ii), (iii), or (iv), (5), or (6),

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must be until the commissioner determines that the person completed the testing requirements

in compliance with section 171.307 for the period of time described in subdivision 8.

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Subd. 7.

Driving while impaired; license cancellation and denial.

(a) The commissioner

must designate a person with two or more qualified prior impaired driving incidents as

inimical to public safety pursuant to section
171.04, subdivision 1
, clause (10), if the person

is convicted of a violation of section:

(1)
169A.20, subdivision 1
;

(2)
169A.20, subdivision 2
;

(3)
609.2112, subdivision 1
, paragraph (a), clause (2), (3), (4), (5), or (6);

(4)
609.2113, subdivision 1
, clause (2), (3), (4), (5), or (6);

(5)
609.2113, subdivision 2
, clause (2), (3), (4), (5), or (6);

(6)
609.2113, subdivision 3
, clause (2), (3), (4), (5), or (6);

(7)
609.2114, subdivision 1
, paragraph (a), clause (2), (3), (4), (5), or (6); or

(8)
609.2114, subdivision 2
, clause (2), (3), (4), (5), or (6).

(b) The commissioner must cancel the person's driver's license pursuant to section
171.14

and must not issue the person a driver's license until the person complies with the provisions

of this section and establishes rehabilitation according to standards established by the

commissioner.

Subd. 8.

Ignition interlock
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and substance use testing program
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periods; treatment;
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alcohol-related
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alcohol or substance
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violations.

(a) Until the commissioner reinstates a

person's full driving privileges, the following persons must not operate a motor vehicle,

off-road recreational vehicle, or a motorboat unless the person participates in the ignition

interlock device program
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, the substance use testing program, or both
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:

(1) a person whose license or permit to drive, or nonresident operating privilege, is

revoked as described in subdivision 3, 4, or 5, at a time when the person has one qualified

prior impaired driving incident within the past 20 years, or two or more qualified prior

impaired driving incidents; and

(2) a person whose license or permit to drive, or nonresident operating privilege, is

revoked as described in subdivision 6
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, at a time when the person has one qualified prior

impaired driving incident
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.

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(b) A person described in paragraph (a) who commits an alcohol-related violation must

participate in the ignition interlock program. A person described in paragraph (a) who

commits a substance-related violation must participate in the substance use testing program.

A person who commits a violation that qualifies as both an alcohol-related violation and a

substance-related violation must participate in both the ignition interlock program and the

substance use testing program.

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(b)
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(c)
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The commissioner must not reinstate full driving privileges for a person described

in paragraph (a) until the person completes a licensed substance use disorder treatment or

rehabilitation program and participates in the ignition interlock device program in compliance

with section
171.306

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or the substance use testing program in compliance with section

171.307, as applicable,
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for a period of not less than:

(1) two years if the commissioner revokes the person's license or permit to drive, or

nonresident operating privilege as described in:

(i) subdivision 3, 4, or 5 when the person has one qualified prior impaired driving incident

within the past 20 years; or

(ii) subdivision 6 when the violation resulted in bodily harm or substantial bodily harm

to another and the person has no qualified prior impaired driving incidents;

(2) five years if the commissioner revokes the person's license or permit to drive, or

nonresident operating privilege as described in subdivision 6 when the violation resulted

in bodily harm or substantial bodily harm to another and the person has one qualified prior

impaired driving incident;

(3) six years if the commissioner revokes the person's license or permit to drive, or

nonresident operating privilege as described in:

(i) subdivision 3, 4, or 5 when the person has two qualified prior impaired driving

incidents;

(ii) subdivision 6 when the violation resulted in great bodily harm to another and the

person has no qualified prior impaired driving incidents; or

(iii) subdivision 6 when the violation resulted in death to another and the person has no

qualified prior impaired driving incidents;

(4) eight years if the commissioner revokes the person's license or permit to drive, or

nonresident operating privileges described in subdivision 6 when the violation resulted in:

(i) great bodily harm to another and the person has one qualified prior impaired driving

incident; or

(ii) bodily harm or substantial bodily harm to another and the person has two qualified

prior impaired driving incidents;

(5) ten years if the commissioner revokes the person's license or permit to drive, or

nonresident operating privileges described in:

(i) subdivision 6 when the violation resulted in great bodily harm to another and the

person has two or more qualified prior impaired driving incidents;

(ii) subdivision 3, 4, or 5 when the person has three or more qualified prior impaired

driving incidents; or

(iii) subdivision 6 when the violation resulted in bodily harm or substantial bodily harm

to another and the person has three or more qualified prior impaired driving incidents;

(6) 15 years if the commissioner revokes the person's license or permit to drive, or

nonresident operating privileges as described in subdivision 6 when the violation resulted

in death to another and the person has one qualified prior impaired driving incident; or

(7) for the remainder of the person's life if the commissioner revokes the person's license

or permit to drive, or nonresident operating privileges as described in subdivision 6 when

the violation resulted in death to another and the person has two or more qualified prior

impaired driving incidents.

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(c)
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(d)
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The commissioner must establish standards allowing a person to submit proof

that the person completed a licensed substance use disorder treatment or rehabilitation

program. A person seeking reinstatement of full driving privileges must submit proof of

completion in the form and manner established by the commissioner.

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(d)
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(e)
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Nothing in this section prohibits the commissioner from extending the period of

time that a person must use an ignition interlock device pursuant to section
171.306,

subdivision
5
new text begin
; participate in the substance use testing program pursuant to section 171.307,

subdivision 5; or both
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.

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(e)
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(f)
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If the commissioner learns that a person who is a participant in the ignition interlock

device program
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or the substance use testing program
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and who completed a licensed substance

use disorder treatment or rehabilitation program subsequently
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:
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(1) registers a positive breath

alcohol concentration of 0.02 or higher on an ignition interlock device
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,
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new text begin
; (2) submits a test

as part of the substance use testing program that is positive for an intoxicating substance or

a controlled substance for which the person did not have a valid prescription or in an amount

that exceeds therapeutic thresholds;
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or
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(2)
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(3)
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is convicted of, or adjudicated delinquent for,

an offense involving the use of alcohol
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or a controlled substance
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that did not involve driving,

operating, or being in physical control of any motor vehicle, the commissioner must extend

the time period that the person must use an ignition interlock device until the participant

demonstrates abstinence for a period equal to the applicable period under paragraph
deleted text begin
(b)
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new text begin
(c)
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.

A person whose time period is extended under this paragraph must be given credit for

one-half of the amount of time that the person participated in the ignition interlock device

program before the violation.

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(f)
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(g)
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If a participant in the ignition interlock device program
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or the substance use testing

program
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commits an act that results in a license revocation as described in subdivision 3,

4, 5, or 6, the commissioner must terminate the person from the
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ignition interlock device
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new text begin

applicable
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program. The person may reenter the
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applicable
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program but is not entitled to

credit for time spent in the
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applicable
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program before termination. If the person reenters

the
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applicable
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program, the commissioner must not reinstate the person's full driving

privileges until the person participates in the
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ignition interlock device
deleted text end
new text begin
applicable
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program

in compliance with section
171.306

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or 171.307
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for a period of not less than the longer of:

(1) the applicable period under paragraph
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(b)
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(c)
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that applies to the new act; or

(2) the full period under paragraph
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(b)
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new text begin
(c)
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that was previously required to be completed,

including any extensions imposed pursuant to section
171.306, subdivision 5
new text begin
, or 171.307,

subdivision 5
new text end
.

Sec. 2.

Minnesota Statutes 2025 Supplement, section 171.306, subdivision 1, is amended

to read:

Subdivision 1.

Definitions.

(a) For purposes of this section, the terms in this subdivision

have the meanings given.

new text begin

(b) "Alcohol-related violation" has the meaning given in section 171.178, subdivision

1, paragraph (b).

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(b)
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(c)
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"Ignition interlock device" or "device" means equipment that is designed to

measure breath alcohol concentration and to prevent a motor vehicle's ignition from being

started by a person whose breath alcohol concentration measures 0.02 or higher on the

equipment.

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(c)
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(d)
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"Location tracking capabilities" means the ability of an electronic or wireless

device to identify and transmit its geographic location through the operation of the device.

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(d)
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(e)
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"Program participant" means a person who has qualified to take part in the ignition

interlock program under this section, and whose driver's license has been:

(1) revoked, canceled, or denied
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under
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for an alcohol-related violation pursuant to
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section

169A.52
;
169A.54
;
171.04, subdivision 1
, clause (10);
171.17, subdivision 1
, paragraph

(a), clause (10), for conviction of an offense in another state that would be grounds for

revocation in this state under section
169A.54, subdivision 1
; or
171.177
; or

(2) revoked under section
171.17, subdivision 1
, paragraph (a), clause (2), or suspended

under section
171.187
, for a violation of section
609.2112, subdivision 1
, paragraph (a),

clause (2), item (i) or (iv)
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if one element included alcohol
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, (3), or (4);
609.2113, subdivision

1
, clause (2), item (i) or (iv)
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if one element included alcohol
new text end
, (3), or (4); subdivision 2,

clause (2), item (i) or (iv)
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if one element included alcohol
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, (3), or (4); or subdivision 3,

clause (2), item (i) or (iv)
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if one element included alcohol
new text end
, (3), or (4); or
609.2114,

subdivision 1, paragraph (a), clause (2), item (i) or (iv)
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if one element included alcohol
new text end
, (3),

or (4); or subdivision 2
, clause (2), item (i) or (iv)
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if one element included alcohol
new text end
, (3), or

(4), resulting in bodily harm, substantial bodily harm, great bodily harm, or death.

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(e)
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(f)
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"Qualified prior impaired driving incident" has the meaning given in section

169A.03, subdivision 22
.

new text begin

(g) "Substance-related violation" has the meaning given in section 171.178, subdivision

1, paragraph (e).

new text end

Sec. 3.

Minnesota Statutes 2025 Supplement, section 171.306, subdivision 4, is amended

to read:

Subd. 4.

Issuance of restricted license.

(a) The commissioner
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shall
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must
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issue a class

D driver's license, subject to the applicable limitations and restrictions of this section, to a

program participant who meets the requirements of this section and the program guidelines.

Notwithstanding any law to the contrary, the commissioner must not require a program

participant to pay the reinstatement fee and surcharge described in section
171.29, subdivision

2
, before issuing a restricted license under this section. A program participant is not eligible

for full reinstatement of driving privileges until the person pays the full reinstatement fee

and surcharge. The commissioner
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shall
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must
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not issue a license unless the program participant

has provided satisfactory proof that:

(1) a certified ignition interlock device has been installed on the participant's motor

vehicle at an installation service center designated by the device's manufacturer; and

(2) the participant has insurance coverage on the vehicle equipped with the ignition

interlock device. If the participant has previously been convicted of violating section
169.791
,

169.793
, or
169.797
or the participant's license has previously been suspended, revoked, or

canceled under section
169.792
or
169.797
, the commissioner
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shall
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must
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require the

participant to present an insurance identification card that is certified by the insurance

company to be noncancelable for a period not to exceed 12 months.

(b) A license issued under authority of this section must contain a restriction prohibiting

the program participant from driving, operating, or being in physical control of any motor

vehicle not equipped with a functioning ignition interlock device certified by the

commissioner. A participant may drive an employer-owned vehicle not equipped with an

interlock device while in the normal course and scope of employment duties pursuant to

the program guidelines established by the commissioner and with the employer's written

consent.

(c) A program participant may apply for conditional reinstatement of the driver's license,

subject to the ignition interlock restriction, if the program participant's driver's license was:

(1) revoked, canceled, or denied
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under
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for an alcohol-related violation pursuant to
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section:

(i)
169A.52, subdivision 3
, paragraph (a), or subdivision 4, paragraph (a);

(ii)
169A.54, subdivision 1
;

(iii)
171.17, subdivision 1
, paragraph (a), clause (10), for conviction of an offense in

another state that would be grounds for revocation in this state under section
169A.54,

subdivision 1
; or

(iv)
171.177
, subdivision 4, paragraph (a), or subdivision 5, paragraph (a);

(2) revoked under section
171.17, subdivision 1
, paragraph (a), clause (2), for a violation

of section:

(i)
609.2112, subdivision 1
, paragraph (a), clause (2), item (i) or (iv)
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if one element

included alcohol
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, (3), or (4);

(ii)
609.2113, subdivision 1
, clause (2), item (i) or (iv)
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if one element included alcohol
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,

(3), or (4); subdivision 2, clause (2), item (i) or (iv)
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if one element included alcohol
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, (3), or

(4); or subdivision 3, clause (2), item (i) or (iv)
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if one element included alcohol
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, (3), or (4);

or

(iii)
609.2114, subdivision 1
, paragraph (a), clause (2), item (i) or (iv)
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if one element

included alcohol
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, (3), or (4); or subdivision 2, clause (2), item (i) or (iv)
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if one element

included alcohol
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, (3), or (4); or

(3) suspended under section
171.187
, for a violation of section:

(i)
609.2112, subdivision 1
, paragraph (a), clause (2), item (i) or (iv)
new text begin
if one element

included alcohol
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, (3), or (4);

(ii)
609.2113, subdivision 1
, clause (2), item (i) or (iv)
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if one element included alcohol
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,

(3), or (4); subdivision 2, clause (2), item (i) or (iv)
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if one element included alcohol
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, (3), or

(4); or subdivision 3, clause (2), item (i) or (iv)
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if one element included alcohol
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, (3), or (4);

or

(iii)
609.2114, subdivision 1, paragraph (a), clause (2), item (i) or (iv)
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if one element

included alcohol
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, (3), or (4); or subdivision 2
, clause (2), item (i) or (iv)
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if one element

included alcohol
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, (3), or (4).

(d) As a prerequisite to eligibility for eventual reinstatement of full driving privileges,

a participant who either had one qualified prior impaired driving incident within the past

20 years, or two or more qualified prior impaired driving incidents when the person's driver's

license was revoked, canceled, or denied under the conditions described in paragraph (c),

clause (1), or whose driver's license was revoked or suspended under the conditions described

in paragraph (c), clause (2) or (3), and whose chemical use assessment recommended

treatment or rehabilitation
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shall
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must
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complete a licensed substance use disorder treatment

or rehabilitation program. If the program participant's ignition interlock device subsequently

registers a positive breath alcohol concentration of 0.02 or higher, the commissioner
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shall
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must
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extend the time period that the participant must participate in the program until the

participant has reached the required abstinence period described in section
171.178,

subdivision 8
.

(e) Notwithstanding any statute or rule to the contrary, the commissioner has authority

to determine when a program participant is eligible for restoration of full driving privileges,

except that the commissioner
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shall
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must
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not reinstate full driving privileges until the program

participant has met all applicable prerequisites for reinstatement under sections
169A.55

and
171.178
and until the program participant's device has registered no positive breath

alcohol concentrations of 0.02 or higher during the preceding 90 days.

Sec. 4.

Minnesota Statutes 2025 Supplement, section 171.306, subdivision 10, is amended

to read:

Subd. 10.

Termination from program; reentry.

(a) If a program participant's license

is withdrawn for an act or condition that does not involve the use of alcohol during the

participant's time on the ignition interlock device program, the person is prohibited from

driving, operating, or being in physical control of a motor vehicle. The person can continue

to receive credit for time in the ignition interlock device program if the person ensures that

the ignition interlock device is serviced and calibrated and the person continues to meet all

program requirements. If the person voluntarily withdraws from the ignition interlock device

program, the commissioner
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shall
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must
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credit the person with the time spent in the program

if the person reenters the program.

(b) If a program participant commits an act involving the use of alcohol that results in

revocation of the person's license, the commissioner must terminate the person from the

ignition interlock device program. The person may reenter the program as described in

section
171.178, subdivision 8
, paragraph
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(f)
deleted text end
new text begin
(g)
new text end
.

Sec. 5.

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[171.307] RESTRICTED LICENSE SUBSTANCE USE TESTING

PROGRAM.

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Subdivision 1.

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Definitions.

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(a) For purposes of this section, the following terms have

the meanings given.

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(b) "Alcohol-related violation" has the meaning given in section 171.178, subdivision

1, paragraph (b).

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(c) "Controlled substance" has the meaning given in section 152.01, subdivision 4.

new text end

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(d) "Intoxicating substance" has the meaning given in section 169A.03, subdivision 11a.

new text end

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(e) "Program participant" means a person:

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(1) who has qualified to take part in the restricted license substance use testing program

under this section;

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(2) whose driver's license has been suspended, revoked, canceled, or denied for a

substance-related violation or after the commissioner receives a certification of probable

cause or a record of conviction indicating that the person violated:

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(i) section 609.2112, subdivision 1, paragraph (a), clause (2), item (ii), (iii), or (iv), (5),

or (6);

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(ii) section 609.2113, subdivision 1, clause (2), item (ii), (iii), or (iv), (5), or (6);

new text end

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(iii) section 609.2113, subdivision 2, clause (2), item (ii), (iii), or (iv), (5), or (6);

new text end

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(iv) section 609.2113, subdivision 3, clause (2), item (ii), (iii), or (iv), (5), or (6); or

new text end

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(v) section 609.2114, subdivision 1, paragraph (a), clause (2), item (ii), (iii), or (iv), (5),

or (6); or subdivision 2, clause (2), item (ii), (iii), or (iv), (5), or (6); and

new text end

new text begin

(3) who is required to participate in the restricted license substance use testing program

pursuant to section 171.178 or who has voluntarily entered the testing program.

new text end

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(f) "Qualified prior impaired driving incident" has the meaning given in section 169A.03,

subdivision 22.

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new text begin

(g) "Substance-related violation" has the meaning given in section 171.178, subdivision

1, paragraph (e).

new text end

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Subd. 2.

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Qualified testing programs; approval.

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(a) The commissioner must establish

performance standards and a process for approving programs or facilities to perform testing

to determine if a person has consumed a controlled substance or an intoxicating substance.

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(b) The commissioner must accept the results of testing performed by a person providing

substance use disorder treatment services if those services include random testing to detect

the presence of controlled substances or intoxicating substances and the person is either

licensed to provide substance use disorder treatment services pursuant to chapter 245G or

exempt from the licensing requirements as described in section 245G.02, subdivision 2 or

3.

new text end

new text begin

(c) The commissioner must accept the results of testing performed by, or at the direction

of, a person providing community supervision to an individual on probation, supervised

release, conditional release, or parole.

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(d) Standards adopted by the commissioner under this subdivision must include:

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(1) a requirement that, at a minimum, approved testing programs require program

participants to contact the program weekly and conduct two random tests per month;

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(2) the acceptable form and manner for sending test results to the commissioner;

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(3) a requirement that approved testing programs provide services to indigent program

participants at a discounted rate according to the standards established by the commissioner;

new text end

new text begin

(4) methods for a person providing community supervision of an individual on probation,

supervised release, conditional release, or parole to inform the commissioner if a program

participant uses a controlled substance or intoxicating substance;

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(5) methods for program participants to inform the commissioner of prescribed

medications and enrollment in the medical cannabis program; and

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(6) presumptive therapeutic ranges for prescribed medications and medical cannabis.

new text end

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Subd. 3.

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Program requirements.

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(a) The commissioner must establish guidelines for

participation in the restricted license substance use testing program. A person who seeks to

participate in the program must sign a written acknowledgment that the person has received,

reviewed, and agreed to abide by the program guidelines.

new text end

new text begin

(b) The commissioner must enter a notation on a person's driving record to indicate that

the person is a program participant.

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(c) A person under the age of 18 years is not eligible to be a program participant.

new text end

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(d) Program participants must participate in a treatment program and must participate

in any treatment recommended in a chemical use assessment report.

new text end

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Subd. 4.

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new text begin

Issuance of restricted license; waiting period; preliminary tests.

new text end

new text begin

(a) The

commissioner must issue a class D driver's license, subject to the applicable limitations and

restrictions of this section, to a program participant who meets the requirements of this

section and the program guidelines. Notwithstanding any law to the contrary, the

commissioner must not require a program participant to pay the reinstatement fee and

surcharge described in section 171.29, subdivision 2, before issuing a restricted license

under this section. A program participant is not eligible for full reinstatement of driving

privileges until the person pays the full reinstatement fee and surcharge.

new text end

new text begin

(b) The commissioner must not issue a restricted license until at least 90 days have

passed since the date on which the commissioner suspended, revoked, canceled, or denied

the person's driver's license. A change in the status governing the loss of license does not

restart the waiting period unless the commissioner first reinstates the person's license.

new text end

new text begin

(c) The commissioner must not issue a restricted license until a program participant

either:

new text end

new text begin

(1) submits the results of four consecutive tests showing that the program participant

did not use controlled substances or intoxicating substances; or

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new text begin

(2) if the program participant is on probation, supervised release, conditional release,

or parole, submits the results of two consecutive tests showing that the program participant

did not use controlled substances or intoxicating substances and a recommendation from a

person responsible for providing community supervision to the program participant.

new text end

new text begin

(d) The commissioner must not issue a restricted license unless the program participant

has provided satisfactory proof that any vehicle the program participant owns or operates

has insurance coverage. If the participant has previously been convicted of violating section

169.791, 169.793, or 169.797 or the program participant's license has previously been

suspended, revoked, or canceled under section 169.792 or 169.797, the commissioner must

require the participant to present an insurance identification card that is certified by the

insurance company to be noncancelable for a period not to exceed 12 months.

new text end

new text begin

(e) Notwithstanding any statute or rule to the contrary, the commissioner has authority

to determine when a program participant is eligible for restoration of full driving privileges,

except that the commissioner must not reinstate full driving privileges until the program

participant has met all applicable prerequisites for reinstatement under sections 169A.55

and 171.178 and until the results of the program participant's testing shows that the program

participant did not use controlled substances or intoxicating substances during the preceding

90 days.

new text end

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Subd. 5.

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Program violations; penalties.

new text end

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(a) If a program participant tampers with or

circumvents a test; violates a condition of a license conditionally reinstated under subdivision

4 or section 171.30; or violates the program guidelines, the commissioner must extend the

person's revocation period and the period of time that a person must participate in the

restricted license substance use testing program under section 171.178 by:

new text end

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(1) 180 days for a first violation;

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(2) one year for a second violation; or

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(3) 545 days for a third and each subsequent violation.

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(b) Notwithstanding paragraph (a), the commissioner may terminate participation in the

program by any person when, in the commissioner's judgment, termination is necessary to

protect the interests of public safety and welfare. In the event of termination, the

commissioner must not reduce the applicable revocation period under section 171.178 by

the amount of time during which the person possessed a limited or restricted driver's license

issued under subdivision 4.

new text end

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Subd. 6.

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Tampering; penalties.

new text end

new text begin

A person who tampers with or circumvents a test, or

assists another to tamper with or circumvent a test, is guilty of a misdemeanor.

new text end

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Subd. 7.

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Rulemaking.

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The commissioner must adopt the performance standards and

certification process of subdivision 2 and the program guidelines of subdivision 3 as rules

and any other rules necessary to implement this section, subject to chapter 14.

new text end

new text begin

Subd. 8.

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Choice of vendor.

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(a) A judicial officer, county agency, or probation office

may not require or suggest that a person participating in the restricted license substance use

testing program under this section use a particular provider but may provide the person with

a list of all approved providers.

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new text begin

(b) Paragraph (a) does not apply in counties where a contract exists for a specific vendor

to provide testing services for program participants who are indigent.

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Subd. 9.

new text end

new text begin

Termination from program; reentry.

new text end

new text begin

(a) If a program participant's license

is withdrawn for an act or condition that does not involve the use of a controlled substance

or an intoxicating substance during the participant's time on the restricted license substance

use testing program, the person is prohibited from driving, operating, or being in physical

control of a motor vehicle. The person can continue to receive credit for time in the program

if the person continues to meet all program requirements. If the person voluntarily withdraws

from the restricted license substance use testing program, the commissioner must credit the

person with the time spent in the program if the person reenters the program.

new text end

new text begin

(b) If a program participant commits an act involving the use of a controlled substance

or an intoxicating substance that results in revocation of the person's license, the

commissioner must terminate the person from the restricted license substance use testing

program. The person may reenter the program as described in section 171.178, subdivision

8, paragraph (g).

new text end

Sec. 6.
new text begin
RESTRICTED LICENSE SUBSTANCE USE TESTING PROGRAM;

APPROPRIATION.
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new text begin

$....... in fiscal year 2027 is appropriated from the ....... fund to the commissioner of

public safety to establish and operate the restricted license substance use testing program

under Minnesota Statutes, section 171.307.

new text end