Minnesota § 169A.41 PRELIMINARY SCREENING TEST

Minnesota Statutes

§ 169A.41 — PRELIMINARY SCREENING TEST

Minnesota § 169A.41

PartTRANSPORTATION

Ch. 169ADRIVING WHILE IMPAIRED

This text of Minnesota § 169A.41 (PRELIMINARY SCREENING TEST) is published on Counsel Stack Legal Research, covering Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Minn. Stat. § 169A.41 (2026).

Text

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 section169A.20(driving while impaired),169A.31(alcohol-related school bus or Head Start bus driving), or169A.33(underage drinking and driving), or an alcohol-related violation of section221.0314or221.605committed 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.

Subd. 2.Use of test results.
The results of this preliminary screening test mus

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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 section169A.20(driving while impaired),169A.31(alcohol-related school bus or Head Start bus driving), or169A.33(underage drinking and driving), or an alcohol-related violation of section221.0314or221.605committed 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.

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 section169A.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 section169A.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 section171.19;
(4) in a prosecution for a violation of section169A.20, subdivision 2(driving while impaired; test refusal);
(5) in a prosecution or juvenile court proceeding concerning a violation of section169A.33(underage drinking and driving), or340A.503, subdivision 1, paragraph (a), clause (2) (underage alcohol consumption);
(6) in a prosecution under section169A.31(alcohol-related school or Head Start bus driving), or171.30(limited license);
(7) in a prosecution for a violation of a restriction on a driver's license under section171.09, 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 sections221.0314, subdivision 6, and221.605.

Subd. 3.Additional tests.
Following the screening test additional tests may be required of the driver pursuant to the provisions of section169A.51(chemical tests for intoxication).

Subd. 4.
[Repealed,2006 c 260 art 2 s 20]