S.D. Codified Laws ch. 32-23 – Driving under the Influence | Midpage

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South Dakota Codified Laws

Chapter 32-23

S.D. Codified Laws ch. 32-23

Driving under the Influence

32-23-1Driving or control of vehicle prohibited with alcohol in blood or while under influence of alcohol, drug, or intoxicant.32-23-1.1Arrest without warrant on probable cause after accident.32-23-1.2Submission to breath test required by officer--Chemical test after positive breath test.32-23-1.3Arrested person to be charged--Requirements for reduction or dismissal.32-23-2Punishment for prohibited driving--First offense--Limited driving privilege.32-23-2.1Evaluation of certain persons convicted of first offense driving while intoxicated--Costs.32-23-3Punishment for second offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege.32-23-4Punishment for third offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege.32-23-4.1Calculation of number of offenses.32-23-4.2Separate allegation of former conviction.32-23-4.3Plea and election of method of trial on driving under influence--Advice as to former conviction charge.32-23-4.4Separate trial on charge of former conviction.32-23-4.5Convictions in other states considered.32-23-4.6Punishment for fourth offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege--Mandatory sentence--Suspension of sentence.32-23-4.7Punishment for fifth or subsequent offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege--Mandatory sentence.32-23-4.8Convictions under § 22-18-36 or 22-16-41 included in calculation of number of offenses.32-23-4.9Punishment for sixth or subsequent offense--Mandatory sentence--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege--Supervision.32-23-4.10Costs payable to county--Nonpayment punishable by contempt.32-23-6Lawful use of drugs no defense.32-23-7Presumptions arising from chemical analysis of body fluids.32-23-8Other evidence on being under the influence of alcoholic beverage.32-23-10Operation of vehicle as consent to withdrawal of bodily substances and chemical analysis--Submission to withdrawal or analysis following arrest.32-23-10.1Refusal to submit to chemical test or allow withdrawal of bodily substance admissible into evidence.32-23-10.3Serious bodily injury defined.32-23-11Request for hearing on revocation of license for refusal to submit to chemical analysis--Eligibility to drive for purpose of employment--Rules for restricted licenses.32-23-11.1License of driver under age twenty-one who pleads guilty not subject to revocation.32-23-13Failure to invoke refusal procedure as permission to make chemical analysis.32-23-14Persons authorized to withdraw blood to determine alcohol content--Liability.32-23-14.1Requirements for validity of withdrawal or test--Director of laboratories to approve methods and issue permits.32-23-15Right to have technician of own choosing make separate test.32-23-16Results of analysis available to accused or attorney.32-23-17Withdrawal, chemical test, and witness fees and expenses taxed as costs.32-23-18Revocation of license of driver under age twenty-one for refusal to submit to chemical analysis.32-23-19Law enforcement officer to serve notice of intent to revoke--License confiscated--Notice as temporary license.32-23-20Revocation of nonresident driving privileges.32-23-21Driver under age of twenty-one operating vehicle after alcohol or drug consumption--Misdemeanor--Suspension of license--Restricted driving privilege.32-23-22Chapter not applicable to person riding animal or foot-pedal conveyance.32-23-23Driving permit issued to certain persons conditioned on abstinence from alcohol use and participation in 24/7 sobriety program--Revocation for violation of condition.32-23-24Multi-passenger quadricycle--Chapter application.