§ 169A.33 Underage drinking and driving

Codes > Minnesota Statutes > Transportation (Ch. > Chapter 169A : Criminal Provisions > 169A.33 Underage

169A.33. Underage drinking and driving

    Subdivision 1. Definition. As used in this section, “motor vehicle” does not include motorboats in operation or off-road
recreational vehicles.

    Subd. 2. Crime described. It is a crime for a person under the age of 21 years to drive, operate, or be in physical control of a motor vehicle while consuming alcoholic beverages, or after having consumed alcoholic beverages while there is physical evidence of the consumption present in the person's body.

    Subd. 3. Criminal penalty. A person who violates subdivision 2 is guilty of a misdemeanor.

    Subd. 4. Administrative penalty. When a person is found to have committed an offense under subdivision 2, the court shall notify the commissioner of its determination. Upon receipt of the court's determination, the commissioner shall suspend the person's driver's license or operating privileges for 30 days, or for 180 days if the person has previously been found to have violated subdivision 2 or a statute or ordinance in conformity with it.

    Subd. 5. Exception. If the person's conduct violates section 169A.20 (driving while impaired) or 169A.31 (alcohol-related school bus or Head Start bus driving), the penalties and license sanctions in those laws or section 169A.54 (impaired driving convictions and adjudications; administrative penalties) apply instead of the license sanction in subdivision 4.

    Subd. 6. Jurisdiction. An offense under subdivision 2 may be prosecuted either in the jurisdiction where consumption occurs or the jurisdiction where evidence of consumption is observed.