169A.46 – 169A.46 | Minnesota Law

If proven by a preponderance of the evidence, it is an affirmative defense to a violation of section169A.20, subdivision 1, clause (5) (driving while impaired, alcohol concentration within two hours of driving), or169A.20by a person having an alcohol concentration of 0.16 or more as measured at the time, or within two hours of the time, of the offense, that the defendant consumed a sufficient quantity of alcohol after the time of the violation and before the administration of the evidentiary tes