Subdivision 1.Applicability.

This section applies to a person convicted of:

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Terms Used In Minnesota Statutes 169A.277

  • Driver: has the meaning given in section 169. 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
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

(1) a violation of section 169A.20 (driving while impaired) within ten years of the first of two or more prior impaired driving convictions;

(2) a violation of section 169A.20, if the person is under the age of 19 years and has previously been convicted of violating section 169A.20 or Minnesota Statutes 1998, section 169.121 (driver under the influence of alcohol or controlled substance); or

(3) a violation of section 169A.20, while the person’s driver‘s license or driving privileges have been canceled under section 171.04, subdivision 1, clause (10) (persons not eligible for drivers’ licenses, inimical to public safety).

Subd. 2.Monitoring required.

When the court sentences a person described in subdivision 1 to a stayed sentence and when electronic monitoring equipment is available to the court, the court shall require that the person participate in a program of electronic alcohol monitoring in addition to any other conditions of probation or jail time it imposes. The court must order the monitoring for a minimum of 30 consecutive days during each year of the person’s probationary period.

Subd. 3.Reimbursement.

The court shall require partial or total reimbursement from the person for the cost of the electronic alcohol monitoring, to the extent the person is able to pay.