NCJ Number
95724
Date Published
1981
Length
88 pages
Annotation
Minnesota's drunk driving statute, an 'administrative per se' statute, is apparently effective, and other States should consider adopting similar provisions.
Abstract
The Minnesota law provides that when a police officer conducts a chemical test for intoxication and finds a minimum 0.10 blood alcohol concentration, the officer serves notice to the driver, on behalf of the motor vehicle department, of the intention to revoke the driver's license. This action is in addition to the criminal drinking and driving charges. Minnesota's implied consent law, similar to those in other States, provides that upon a driver's refusal to take a chemical test for intoxication, his/her driver's license is suspended. The uniqueness of the Minnesota law is the two tracks, which consist of a 'criminal per se' law and an 'administrative per se' law. Almost no connection exists between the two tracks. The motivation and dedication of involved officials and employees makes the system work. However, the increasing caseload is causing problems. Analyses of legal and operational considerations and appendixes presenting data tables, the texts of relevant statutes, and other materials are included.