Minnesota · Through 2025 Minnesota Statutes

Minn. Stat. § 169A.43: PROSECUTORIAL RESPONSIBILITY; VENUE; CRIMINAL HISTORY.

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.

Where this section sits in the code

TRANSPORTATION
CHAPTER 169A. DRIVING WHILE IMPAIRED
PROCEDURAL PROVISIONS

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.

Collected 2026-09-02T22:10:35Z. Source file · JSON

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