Subdivision 1.Crime described.

It is a crime for any person to drive, operate, or be in physical control of any class of school bus or Head Start bus within this state when there is physical evidence present in the person’s body of the consumption of any alcohol, cannabis flower, a cannabis product, an artificially derived cannabinoid, or tetrahydrocannabinols.

Subd. 2.Gross misdemeanor alcohol-related school bus or Head Start bus driving.

Attorney's Note

Under the Minnesota Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Gross misdemeanorup to 1 yearup to $3,000
Misdemeanorup to 90 daysup to $1,000
For details, see § 609.02

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Minnesota Statutes 169A.31

  • 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.
  • Gross misdemeanor: means a crime for which a person may be sentenced to imprisonment for not more than 364 days, or to payment of a fine of not more than $3,000, or both. See Minnesota Statutes 169A.03
  • Head Start bus: has the meaning given in section 169. See Minnesota Statutes 169A.03
  • Misdemeanor: means a crime for which a person may be sentenced to imprisonment for not more than 90 days, or to payment of a fine of not more than $1,000, or both. 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
  • Qualified prior impaired driving incident: includes prior impaired driving convictions and prior impaired driving-related losses of license. See Minnesota Statutes 169A.03
  • School bus: has the meaning given in section 169. See Minnesota Statutes 169A.03
  • state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
  • Vehicle: has the meaning given in section 169. See Minnesota Statutes 169A.03

A person who violates subdivision 1 is guilty of gross misdemeanor alcohol-related school bus or Head Start bus driving if:

(1) the violation occurs while a child under the age of 16 is in the vehicle, if the child is more than 36 months younger than the violator; or

(2) the violation occurs within ten years of a qualified prior impaired driving incident.

Subd. 3.Misdemeanor alcohol-related school bus or Head Start bus driving.

Except as provided in subdivision 2, a person who violates subdivision 1 is guilty of misdemeanor alcohol-related school bus or Head Start bus driving.