Sections 1 and 2 reduce the per se alcohol concentration limit to 0.08 for hunting with a firearm or a bow.

Section 3 reduces the driving while impaired per se limit to 0.08.

Sections 4 to 8 reduce the per se limit to 0.08 for alcohol concentration testing under the implied consent law.

Section 9 reduces the per se limit to 0.08 for administrative penalties following conviction for an impaired commercial driving offense.

Section 10 reduces the per se limit to 0.08 for the award of punitive damages in a civil action.

Section 11 reduces the per se limit to 0.08 for driving or flying military vehicles anywhere in the state.

Section 12 reduces the per se limit to 0.08 for all criminal vehicular homicide and injury crimes. These crimes provide penalties for persons who cause injury or death as a result of negligently operating a motor vehicle while impaired.

Section 13 requires a January 15, 2006, report to the Legislature from the Commissioner of Public Safety on alcohol concentration tests administered from August 1, 2004, to July 31, 2005. The report must summarize the initial reasons for the administration of the test (i.e., traffic violations, accidents, tips, etc.) and the blood alcohol concentrations.

Section 14 provides appropriations for the purposes of the bill. Because of increased revenue, the bill is general fund revenue neutral in the 2003-04 biennium, with minimal tails in the 2005-06 biennium ($162,000 in fiscal year 2005 and $266,000 in fiscal year 2006). The appropriations are necessary because the revenue streams (from increased criminal fines and more DUI-related license reinstatement fees) flow directly to the general fund, and increased costs are spread across five agencies. Substantial revenue losses in the form of federal transportation sanctions are discussed below.

Section 15 provides for an August 1, 2004, effective date and applies to all offenses committed on or after that date.

Federal Sanctions

It should be noted that there is a substantial federal penalty for not passing a federally sanctioned 0.08 bill. If a state does not enact the 0.08 per se BAC limit by federal fiscal year 2004 (Oct. 2003), it will have two percent of certain highway construction funds withheld in 2004, four percent withheld in 2005, six percent withheld in 2006, and eight percent withheld in 2007 and thereafter.

Minnesota 0.08 BAC Sanctions

Trunk Highway Federal County Total

Fiscal Year Funds Withheld Funds Withheld Funds Withheld

2004 $ 6.62 M $ 2.83 M $ 9.45 M

2005 13.72 M 5.88 M 19.60 M

2006 21.50 M 9.22 M 30.72 M

2007 28.39 M 12.17 M 40.56 M

TOTAL $ 70.23 M $ 30.10 M $ 100.33 M

There is a four-year window during which the state can enact 0.08 and have withheld funds restored. However, beginning October 1, 2007, any withheld funds will be lost.

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