Analytical Study of the Legal and Operational Aspects of the Minnesota Law Entitled 'Chemical Test for Intoxication' M.S.A. Sec. 169, 123

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Analytical Study of the Legal and Operational Aspects of the Minnesota Law Entitled 'Chemical Test for Intoxication' M.S.A. Sec. 169, 123

R. H. Reeder

This report provides information for use by state legislatures, state governmental agencies, traffic safety organizations and other persons in enacting laws to control driving and drinking on the highways and specifically the type of administrative per se law in the State of Minnesota. The report outlines the legal framework of the administrative per se law in the State of Minnesota. It explores the possible legal challenges which defendants might raise against the law. It studies the operational impact the administrative per se law has had in Minnesota on other alcohol countermeasures to control the drinking driver. The report concludes the Minnesota administrative per se law would withstand the possible legal challenges. It concludes that the enactment of this law has had a positive effect on the attitudes of law enforcement officers and has increased the effort of controlling DWI offenses. The report recommends that other states enact such a law.