2011 South Dakota Code
Title 19 EVIDENCE
Chapter 13. Privileges
§19-13-28.1 Motorist's refusal to submit to chemical test of intoxication admissible--Privilege against self-incrimination may not be claimed.


SD Codified L § 19-13-28.1 (through 2011) What's This?

19-13-28.1. Motorist's refusal to submit to chemical test of intoxication admissible--Privilege against self-incrimination may not be claimed. Notwithstanding the provisions of § 19-13-28, when a person stands trial for driving while under the influence of alcohol or drugs, as provided under § 32-23-1, and that person has refused chemical analysis, as provided in § 32-23-10, such refusal is admissible into evidence. Such person may not claim privilege against self-incrimination with regard to admission of refusal to submit to chemical analysis.

Source: SL 1980, ch 230, § 2.

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