Pursuant to Minnesota Statutes, section 171.306, subdivision 5, paragraph (b), the commissioner shall terminate a program participant's participation in the program for a nonprogram violation under Minnesota Statutes, chapter 169, or a departmental action under Minnesota Statutes, chapter 171, that results in the withdrawal of a program participant's driving privilege for more than one year; provided, however, that this part does not apply to a driver whose license has been revoked under Minnesota Statutes, section 171.17, subdivision 1, paragraph (a), clause (1), or a driver whose license has been suspended under Minnesota Statutes, section 171.187, for a violation of Minnesota Statutes, section 609.2113, subdivision 1, clause (2), item (i) or (iii), (3), or (4), or subdivision 2, clause (2), item (i) or (iii), (3), or (4), or subdivision 3, clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or great bodily harm.
Minn. R. agency 171, ch. 7503, IGNITION INTERLOCK DEVICE PROGRAM, pt. 7503.1675
Statutory Authority: MS s 14.388
Department Note - Only criminal vehicular offenses that include alcohol and result in bodily harm, substantial bodily harm, or great bodily harm are exempted from this rule part. Minnesota Statutes, section 609.21 specifies whether alcohol was involved, and the level of severity, therefore the inclusion of this language in addition to that suggested by Judge Neilson, is included. The Department believes that the change does not substantially alter the meaning of the rules as originally proposed, but does make clearer the Department's intent.