Subdivision 1.

Nonfelony violations.

(a) This subdivision applies to a person charged
with a nonfelony violation of section 169A.20 (driving while impaired) under circumstances
described in section 169A.40, subdivision 3 (certain DWI offenders; custodial arrest).

(b) Except as provided in subdivision 3, unless maximum bail is imposed under section
629.471, a person described in paragraph (a) may be released from detention only if the
person agrees tonew text begin the following conditions pending resolution of the chargenew text end :

(1) abstain from alcoholnew text begin and nonprescribed controlled or intoxicating substancesnew text end ; and

(2) submit to a program deleted text begin of electronic alcohol monitoring, involving at least daily
measurements of the person's alcohol concentration, pending resolution of the chargedeleted text end new text begin to
monitor that abstinencenew text end .

new text begin (c) A defendant charged with a violation of section 169A.20, subdivision 1, clause (1),
(5), or (6); subdivision 1, clause (4), where one of the elements involves a violation of clause
(1); subdivision 2, clause (1); or subdivision 2, clause (2), if the court issued the warrant
based on probable cause to believe that the person was under the influence of alcohol must
be monitored through the use of:
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new text begin (1) electronic alcohol monitoring, involving at least daily measurements of the person's
alcohol concentration if electronic alcohol-monitoring equipment is available to the court;
or
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new text begin (2) random alcohol tests conducted at least weekly if electronic alcohol-monitoring
equipment is not available to the court.
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new text begin (d) A defendant charged with a violation of section 169A.20, subdivision 1, clause (2),
(3), (4), or (7); or subdivision 2, clause (2), if the court issued the warrant based on probable
cause to believe that the person was under the influence of a controlled substance or an
intoxicating substance must be monitored through the use of random urine analyses conducted
at least weekly.
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deleted text begin Clause (2) applies only when electronic alcohol-monitoring equipment is available to
the court.deleted text end new text begin (e)new text end The court shall require partial or total reimbursement from the person for the
cost of the electronic alcohol monitoring, new text begin random alcohol tests, and random urine analyses,
new text end to the extent the person is able to pay.

Subd. 4.

Reinstatement of driving privileges; multiple incidents.

(a) A person whose
driver's license has been revoked as a result of an new text begin alcohol-related new text end offense listed under clause
(2) shall not be eligible for reinstatement of driving privileges without an ignition interlock
restriction until the commissioner certifies that either:

(1) the person did not own or lease a vehicle at the time of the offense or at any time
between the time of the offense and the driver's request for reinstatement, or commit a
violation of chapter 169, 169A, or 171 between the time of the offense and the driver's
request for reinstatement or at the time of the arrest for the offense listed under clause (2),
item (i), subitem (A) or (B), or (ii), subitem (A) or (B), as based on:

(i) a request by the person for reinstatement, on a form to be provided by the Department
of Public Safety;

(ii) the person's attestation under penalty of perjury; and

(iii) the submission by the driver of certified copies of vehicle registration records and
driving records for the period from the arrest until the driver seeks reinstatement of driving
privileges; or

(2) the person used the ignition interlock device and complied with section 171.306 for
a period of not less than:

(i) one year, for a person whose driver's license was revoked for:

(A) an offense occurring within ten years of a qualified prior impaired driving incident;
or

(B) an offense occurring after two qualified prior impaired driving incidents; or

(ii) two years, for a person whose driver's license was revoked for:

(A) an offense occurring under item (i), subitem (A) or (B), and the test results indicated
an alcohol concentration of twice the legal limit or more; or

(B) an offense occurring under item (i), subitem (A) or (B), and the current offense is
for a violation of section 169A.20, subdivision 2.

(b) A person whose driver's license has been canceled or denied as a result of three or
more qualified impaired driving incidentsnew text begin involving at least one alcohol-related offensenew text end
shall not be eligible for reinstatement of driving privileges without an ignition interlock
restriction until the person:

(1) has completed rehabilitation according to rules adopted by the commissioner or been
granted a variance from the rules by the commissioner; and

(2) has submitted verification of abstinence from alcohol and controlled substances
under paragraph (c), as evidenced by the person's use of an ignition interlock device or other
chemical monitoring device approved by the commissioner.

(c) The verification of abstinence must show that the person has abstained from the use
of alcohol and controlled substances for a period of not less than:

(1) three years, for a person whose driver's license was canceled or denied for an offense
occurring within ten years of the first of two qualified prior impaired driving incidents, or
occurring after three qualified prior impaired driving incidents;

(2) four years, for a person whose driver's license was canceled or denied for an offense
occurring within ten years of the first of three qualified prior impaired driving incidents; or

(3) six years, for a person whose driver's license was canceled or denied for an offense
occurring after four or more qualified prior impaired driving incidents.

new text begin (d) A person whose driver's license has been revoked as a result of a controlled or
intoxicating substance offense listed under clause (2) shall not be eligible for reinstatement
of driving privileges without participating in the intensive testing program established under
section 171.307 until the commissioner certifies that either:
new text end

new text begin (1) the person did not own or lease a vehicle at the time of the offense or at any time
between the time of the offense and the driver's request for reinstatement, or commit a
violation of chapter 169, 169A, or 171 between the time of the offense and the driver's
request for reinstatement or at the time of the arrest for the offense listed under clause (2),
item (i), subitem (A) or (B), or (ii), subitem (A) or (B), as based on:
new text end

new text begin (i) a request by the person for reinstatement, on a form to be provided by the Department
of Public Safety;
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new text begin (ii) the person's attestation under penalty of perjury; and
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new text begin (iii) the submission by the driver of certified copies of vehicle registration records and
driving records for the period from the arrest until the driver seeks reinstatement of driving
privileges; or
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new text begin (2) the person participated in the intensive testing program and complied with section
171.307 for a period of not less than:
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new text begin (i) one year, for a person whose driver's license was revoked for:
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