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Minnesota State University, Mankato
Minnesota State University, Mankato

Minnesota Law

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It is a crime for any person to drive, operate, or be in physical control of a motor vehicle within this state or upon the water or ice of any boundary water of this state, while the person is under the influence of alcohol, a controlled or hazardous substance, or a combination of the two, having any amount or the metabolites of a Schedule I or II controlled substance, other than marijuana, in the body, or the person has an "alcohol concentration" of 0.08 or more. If a person under age 21 consumes any amount of alcohol and drives any motor vehicle, a mandatory loss of drivers license will follow along with any other relevant penalties.

(Source: [PDF] (133 KiB))

Implied Consent

Any person who drives, operates, or is in physical control of a motor vehicle within this state or on any boundary water of this state consents, subject to a chemical test of that person's blood, breath, or urine for the purpose of determining the presence of alcohol, a controlled substance or its metabolite, or a hazardous substance. The test must be administered at the direction of a peace officer.

Possession or Consumption by Persons Under the Age of 21

It is unlawful for a person under the age of 21 years to possess any alcoholic beverage with the intent to consume it at a place other than the household of the person's parent or guardian.

Underage possession or consumption immunity provided for a person seeking assistance for another

A person is not subject to prosecution if the person contacts a 911 operator to report that the person or another person is in need of medical assistance for an immediate health or safety concern, provided that the person who initiates contact is the first person to make such a report, provides a name and contact information, remains on the scene until assistance arrives, and cooperates with the authorities at the scene.

Consent for Sexual Activity

Consent is defined in the state of Minnesota’s state statute code 609.341 as words or overt actions by a person indicating a freely given present agreement to perform a particular sexual act with the actor. Consent does not mean the existence of a prior or current social relationship between the actor and the complainant or that the complainant failed to resist a particular sexual act. A person who is mentally incapacitated or physically helpless as defined by this section cannot consent to a sexual act. Corroboration of the victim's testimony is not required to show lack of consent.

Consent is defined by the University Sexual Violence Policy as informed, freely given and mutually understood. If coercion, intimidation, threats, and/or physical force are used, there is no consent. If the complainant is mentally or physically incapacitated or impaired so that the complainant cannot understand the fact, nature, or extent of the sexual situation, there is no consent; this includes conditions due to alcohol or drug consumption, or being asleep or unconscious. Silence does not necessarily constitute consent, and past consent of sexual activities does not imply ongoing future consent. Whether the respondent has taken advantage of a position of influence over the complainant may be a factor in determining consent.

Misrepresentation of Age

It is unlawful for any person under the age of 21 years to claim to be 21 years old or older for the purpose of purchasing alcoholic beverages.

Furnishing Alcohol to Persons Under 21

It is unlawful to sell, barter, furnish or give alcoholic beverages to persons under 21. People who are injured by an underage drinker may sue adults who supplied alcohol to the underage drinker.