32-23-1. Driving or control of vehicle prohibited with alcohol in blood or while under influence of alcohol, drug, or intoxicant. No person may drive or be in actual physical control of any vehicle while: (1)There is 0.08 percent or more by weight of alcohol in that person’s blood as shown by chemical analysis of that […]
32-23-1.1. Arrest without warrant on probable cause after accident. A law enforcement officer may, without a warrant, arrest a person for a violation of the provisions of §32-23-1 when the officer has probable cause to believe that the person to be arrested has been involved in a traffic accident and has violated the provisions of […]
32-23-1.2. Submission to breath test required by officer–Chemical test after positive breath test. Every person operating a vehicle which has been involved in an accident or which is operated in violation of any of the provisions of this chapter shall, at the request of a law enforcement officer, submit to a breath test to be […]
32-23-1.3. Arrested person to be charged–Requirements for reduction or dismissal. Any person arrested for driving or being in actual physical control of a vehicle while the weight of alcohol in the blood of the arrested person is 0.08 percent or greater, shall be charged with a violation of §32-23-1. The charge may be reduced or […]
32-23-10. Operation of vehicle as consent to withdrawal of bodily substances and chemical analysis–Submission to withdrawal or analysis following arrest. Any person who operates any vehicle in this state is considered to have given consent to the withdrawal of blood or other bodily substance and chemical analysis of the person’s blood, breath, or other bodily […]
32-23-10.1. Refusal to submit to chemical test or allow withdrawal of bodily substance admissible into evidence. If a person refuses to submit to chemical analysis of the person’s blood, urine, breath, or other bodily substance, or allow the withdrawal of blood or other bodily substance for chemical analysis as provided in §32-23-10, and that person […]
32-23-10.3. Serious bodily injury defined. For purposes of §32-23-10, serious bodily injury is such injury as is grave and not trivial, and gives rise to apprehension of danger to life, health, or limb. Source: SL 2004, ch 217, §2.
32-23-11. Request for hearing on revocation of license for refusal to submit to chemical analysis–Eligibility to drive for purpose of employment–Rules for restricted licenses. Any person subject to license revocation for failure to submit to the withdrawal and chemical analysis pursuant to §32-23-18 who wants to contest the revocation, shall request a hearing, pursuant to […]
32-23-11.1. License of driver under age twenty-one who pleads guilty not subject to revocation. A person’s license to drive is not subject to revocation as provided in §32-23-18 if that person pleads guilty to violating §32-23-21 before a revocation order is issued. Source: SL 1982, ch 248, §2; SL 1992, ch 225; SL 1992, ch […]
32-23-13. Failure to invoke refusal procedure as permission to make chemical analysis. If any operator of a motor vehicle in this state who has been requested to submit to a chemical test fails to invoke the provision in §32-23-11 which permits him to refuse to submit to a test, then the failure to invoke the […]
32-23-14. Persons authorized to withdraw blood to determine alcohol content–Liability. Only a physician, laboratory technician, registered nurse, physician’s assistant, phlebotomist, licensed practical nurse, medical technician, medical technologist, or other person authorized pursuant to a certification, license, or training may withdraw blood for the purpose of determining the alcoholic content therein. This limitation does not apply […]
32-23-14.1. Requirements for validity of withdrawal or test–Director of laboratories to approve methods and issue permits. To be considered valid under the provisions of this chapter, the withdrawal or chemical analysis shall be performed at the direction of a law enforcement officer having lawfully arrested the person for a violation of §32-23-1 or 32-23-21 and […]
32-23-15. Right to have technician of own choosing make separate test. Any person tested pursuant to §§ 32-23-10 and 32-23-14 shall be permitted to have a physician, laboratory technician, registered nurse, physician’s assistant, or medical technologist of the person’s own choosing administer the chemical analysis in addition to the one administered at the direction of […]
32-23-16. Results of analysis available to accused or attorney. Upon the request of any person who was tested pursuant to §§32-23-10 and 32-23-14, or upon the request of the person’s attorney, the results of such analysis shall be made available to the person or to the person’s attorney. Source: SL 1959, ch 264, §2; SDC […]
32-23-17. Withdrawal, chemical test, and witness fees and expenses taxed as costs. In the case of a conviction under this chapter the costs accrued for the withdrawal and chemical analysis of blood or other bodily substance, and witness fees and expenses in connection therewith, shall be taxed by the court as costs in the action […]
32-23-18. Revocation of license of driver under age twenty-one for refusal to submit to chemical analysis. The Department of Public Safety shall revoke the license of any person arrested for violating §32-23-21, who refuses to submit to a chemical analysis as requested by a law enforcement officer. Source: SL 1992, ch 226, §1; SL 1993, […]
32-23-19. Law enforcement officer to serve notice of intent to revoke–License confiscated–Notice as temporary license. A law enforcement officer shall serve the notice of intent to revoke, on behalf of the Department of Public Safety and shall take possession of any driver’s license issued by this state held by the person if the arrested driver […]
32-23-2. Punishment for prohibited driving–First offense. If conviction for a violation of §32-23-1 is for a first offense, the person is guilty of a Class 1 misdemeanor, and the court shall revoke the person’s driver license for not less than thirty days. However, the court may in its discretion issue an order, upon proof of […]
32-23-2.1. Evaluation of certain persons convicted of first offense driving while intoxicated–Costs. Any person convicted of a first offense pursuant to §32-23-1 with a 0.17 percent or more by weight of alcohol in the person’s blood shall, in addition to the penalties provided in §32-23-2, be required to undergo a court-ordered evaluation by an addiction […]
32-23-20. Revocation of nonresident driving privileges. The department shall revoke the person’s license to drive and any nonresident operating privileges pursuant to §32-23-11. Source: SL 1992, ch 226, §3.
