Subd. 3.

Blood or urine tests; search warrant required.

(a) Notwithstanding any
contrary provisions in sections 169A.51 to 169A.53, a blood or urine test may be conducted
only pursuant to a search warrant deleted text begin under sections 626.04 to 626.18,deleted text end or a judicially recognized
exception to the search warrant requirement. In addition, blood and urine tests may be
conducted only as provided in sections 169A.51 to 169A.53 and 171.177.

(b) When, under the provisions of section 169A.20, 169A.51, or 171.177, a search
warrant is required for a blood or urine test, that requirement is met if a judicially recognized
exception to the warrant requirement is applicable.

Subd. 4.

Requirement of urine or blood test.

A blood or urine test may be required
pursuant to a search warrant deleted text begin under sections 626.04 to 626.18deleted text end even after a breath test has
been administered if there is probable cause to believe that:

(1) there is impairment by a controlled substance; an intoxicating substance; or cannabis
flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product,
artificially derived cannabinoids, or tetrahydrocannabinols that is not subject to testing by
a breath test;

(2) a controlled substance listed in Schedule I or II or its metabolite, other than cannabis
flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product,
artificially derived cannabinoids, or tetrahydrocannabinols, is present in the person's body;
or

(3) the person is unconscious or incapacitated to the point that the peace officer providing
a breath test advisory, administering a breath test, or serving the search warrant has a
good-faith belief that the person is mentally or physically unable to comprehend the breath
test advisory or otherwise voluntarily submit to chemical tests.

Action may be taken against a person who refuses to take a blood test under this
subdivision only if a urine test was offered and action may be taken against a person who
refuses to take a urine test only if a blood test was offered. This limitation does not apply
to an unconscious person under the circumstances described in clause (3).

Subdivision 1.

Search warrant-required testing advisory.

At the time a blood or urine
test is directed pursuant to a search warrant deleted text begin under sections 626.04 to 626.18,deleted text end the person
must be informed that refusal to submit to a blood or urine test is a crime.

Subd. 3.

License revocation pursuant to search warrant.

After executing a search
warrant deleted text begin under sections 626.04 to 626.18deleted text end for the collection of a blood or urine sample based
upon probable cause of a violation of section 169A.20, the peace officer acting under sections
626.13 to 626.17 shall certify to the commissioner of public safety:

(1) when a person refuses to comply with the execution of the search warrant; or

(2) if a person submits to the test and the test results indicate:

(i) an alcohol concentration of 0.08 or more;

(ii) an alcohol concentration of 0.04 or more, if the person was driving, operating, or in
physical control of a commercial motor vehicle at the time of the violation; or

(iii) the presence of a controlled substance listed in Schedule I or II or its metabolite,
other than marijuana or tetrahydrocannabinols.

Subd. 4.

Test refusal; license revocation.

(a) Upon certification under subdivision 3
that there existed probable cause to believe the person had been driving, operating, or in
physical control of a motor vehicle in violation of section 169A.20, and that the person
refused to comply with the execution of the search warrant deleted text begin under sections 626.04 to 626.18deleted text end ,
the commissioner shall revoke the person's license or permit to drive or nonresident operating
privilege. The commissioner shall revoke the license, permit, or nonresident operating
privilege:

(1) for a person with no qualified prior impaired driving incidents within the past ten
years, for a period of not less than one year;

(2) for a person under the age of 21 years and with no qualified prior impaired driving
incidents within the past ten years, for a period of not less than one year;

(3) for a person with one qualified prior impaired driving incident within the past ten
years or two qualified prior impaired driving incidents, for a period of not less than two
years;

(4) for a person with two qualified prior impaired driving incidents within the past ten
years or three qualified prior impaired driving incidents, for a period of not less than three
years;

(5) for a person with three qualified prior impaired driving incidents within the past ten
years, for a period of not less than four years; or

(6) for a person with four or more qualified prior impaired driving incidents, for a period
of not less than six years.

(b) When a person who had been driving, operating, or in physical control of a
commercial motor vehicle refuses to comply with the search warrant and permit testing,
the commissioner shall disqualify the person from operating a commercial motor vehicle
and shall revoke the person's license or permit to drive or nonresident operating privilege
according to the federal regulations adopted by reference in section 171.165, subdivision
2.

Subd. 5.

Test failure; license revocation.

(a) Upon certification under subdivision 3,
pursuant to a search warrant deleted text begin under sections 626.04 to 626.18deleted text end , that there existed probable
cause to believe the person had been driving, operating, or in physical control of a motor
vehicle in violation of section 169A.20, and that the person submitted to a test and the test
results indicate an alcohol concentration of 0.08 or more or the presence of a controlled
substance listed in Schedule I or II or its metabolite, other than marijuana or
tetrahydrocannabinols, the commissioner shall revoke the person's license or permit to drive
or nonresident operating privilege:

(1) for a period of 90 days or, if the test results indicate an alcohol concentration of twice
the legal limit or more, not less than one year;

(2) if the person is under the age of 21 years, for a period of not less than 180 days or,
if the test results indicate an alcohol concentration of twice the legal limit or more, not less
than one year;

(3) for a person with one qualified prior impaired driving incident within the past ten
years or two qualified prior impaired driving incidents, for a period of not less than one
year or, if the test results indicate an alcohol concentration of twice the legal limit or more,
not less than two years;

(4) for a person with two qualified prior impaired driving incidents within the past ten
years or three qualified prior impaired driving incidents, for a period of not less than three
years;

(5) for a person with three qualified prior impaired driving incidents within the past ten
years, for a period of not less than four years; or

(6) for a person with four or more qualified prior impaired driving incidents, for a period
of not less than six years.

(b) On certification by the peace officer that there existed probable cause to believe the
person had been driving, operating, or in physical control of a commercial motor vehicle
with any presence of alcohol and that the person submitted to a test and the test results
indicated an alcohol concentration of 0.04 or more, the commissioner shall disqualify the
person from operating a commercial motor vehicle under section 171.165.

(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau of
Criminal Apprehension or authorized by the bureau to conduct the analysis of a blood or
urine sample, the laboratory may directly certify to the commissioner the test results, and
the peace officer shall certify to the commissioner that there existed probable cause to
believe the person had been driving, operating, or in physical control of a motor vehicle in
violation of section 169A.20, and that the person submitted to a test. Upon receipt of both
certifications, the commissioner shall undertake the license actions described in paragraphs
(a) and (b).

Subd. 8.

Test refusal; driving privilege lost.

(a) On behalf of the commissioner, a peace
officer requiring a test or directing the administration of a chemical test pursuant to a search
warrant deleted text begin under sections 626.04 to 626.18deleted text end shall serve immediate notice of intention to revoke
and of revocation on a person who refuses to permit a test or on a person who submits to