Subd. 1. Driving while impaired crime.

It is a crime for any person to drive, operate, or be in physical control of any motor vehicle within this state or on any boundary water of this state:

1. (1) when the person is under the influence of alcohol;
2. (2) when the person is under the influence of a controlled substance;
3. (3) when the person is knowingly under the influence of a hazardous substance that affects the nervous system, brain, or muscles of the person so as to substantially impair the person's ability to drive or operate the motor vehicle;
4. (4) when the person is under the influence of a combination of any two or more of the elements named in clauses (1), (2), and (3);
5. (5) when the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motor vehicle is 0.10 or more;
6. (6) when the vehicle is a commercial motor vehicle and the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or
7. (7) when the person's body contains any amount of a controlled substance listed in schedule I or II other than marijuana or tetrahydrocannabinols.

Subd. 2. Refusal to submit to chemical test crime.

It is a crime for any person to refuse to submit to a chemical test of the person's blood, breath, or urine under section 169A.52 (test refusal or failure; revocation of license).

Subd. 3. Sentence.

A person who violates this section may be sentenced as provided in section 169A.24 (first-degree driving while impaired), 169A.25 (second-degree driving while impaired), 169A.26 (third-degree driving while impaired), or 169A.27 (fourth-degree driving while impaired).

* NOTE: The amendments to subdivision 3 by Laws 2001, First *Special Session chapter 8, article 11, section 2; and chapter 9, *article 19, section 3, are effective August 1, 2002, and apply *to crimes committed on or after that date. Laws 2001, First *Special Session chapter 8, article 11, section 17; and chapter *9, article 19, section 17.