Minnesota § 169A.46 AFFIRMATIVE DEFENSES

Minnesota Statutes

§ 169A.46 — AFFIRMATIVE DEFENSES

Minnesota § 169A.46

PartTRANSPORTATION

Ch. 169ADRIVING WHILE IMPAIRED

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Bluebook

Minn. Stat. § 169A.46 (2026).

Text

Subdivision 1.Impairment occurred after driving ceased.
If proven by a preponderance of the evidence, it is an affirmative defense to a violation of section169A.20, subdivision 1, clause (5) (driving while impaired, alcohol concentration within two hours of driving), or169A.20by a person having an alcohol concentration of 0.16 or more as measured at the time, or within two hours of the time, of the offense, that the defendant consumed a sufficient quantity of alcohol after the time of the violation and before the administration of the evidentiary test to cause the defendant's alcohol concentration to exceed the level specified in the applicable clause. Evidence that the defendant consumed alcohol after the time of the violation may not be admitted in defense to any alleged violation of se

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Subdivision 1.Impairment occurred after driving ceased.
If proven by a preponderance of the evidence, it is an affirmative defense to a violation of section169A.20, subdivision 1, clause (5) (driving while impaired, alcohol concentration within two hours of driving), or169A.20by a person having an alcohol concentration of 0.16 or more as measured at the time, or within two hours of the time, of the offense, that the defendant consumed a sufficient quantity of alcohol after the time of the violation and before the administration of the evidentiary test to cause the defendant's alcohol concentration to exceed the level specified in the applicable clause. Evidence that the defendant consumed alcohol after the time of the violation may not be admitted in defense to any alleged violation of section169A.20, unless notice is given to the prosecution prior to the omnibus or pretrial hearing in the matter.

Subd. 2.Impairment from prescription drug.
If proven by a preponderance of the evidence, it is an affirmative defense to a violation of section169A.20, subdivision 1, clause (7) (presence of Schedule I or II controlled substance), that the defendant used the controlled substance according to the terms of a prescription issued for the defendant in accordance with sections152.11and152.12.