(a) In a civil action involving a motor vehicle accident, it is sufficient for the trier of fact to consider an award of punitive damages if there is evidence that the accident was caused by a driver:

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Terms Used In Minnesota Statutes 169A.76

  • Alcohol concentration: means :

    (1) the number of grams of alcohol per 100 milliliters of blood;

    (2) the number of grams of alcohol per 210 liters of breath; or

    (3) the number of grams of alcohol per 67 milliliters of urine. See Minnesota Statutes 169A.03

  • Controlled substance: has the meaning given in section 152. See Minnesota Statutes 169A.03
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Driver: has the meaning given in section 169. See Minnesota Statutes 169A.03
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Intoxicating substance: means a drug or chemical, as those terms are defined in section 151. See Minnesota Statutes 169A.03
  • Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Vehicle: has the meaning given in section 169. See Minnesota Statutes 169A.03

(1) with an alcohol concentration of 0.08 or more;

(2) who was under the influence of a controlled substance;

(3) who was under the influence of alcohol and refused to take a test required under section 169A.51 (chemical tests for intoxication); or

(4) who was under the influence of an intoxicating substance and the person knows or has reason to know that the substance has the capacity to cause impairment.

(b) A criminal charge or conviction is not a prerequisite to consideration of punitive damages under this section. At the trial in an action where the trier of fact will consider an award of punitive damages, evidence that the driver has been convicted of violating section 169A.20 (driving while impaired), 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury) is admissible into evidence.