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2019 South Dakota Codified Laws
Title 32 - Motor Vehicles
Chapter 23 - Driving Under The Influence
- § 32-23-1 Driving or control of vehicle prohibited with alcohol in blood or while under influence of alcohol, drug, or intoxicant.
- § 32-23-1.1 Arrest without warrant on probable cause after accident.
- § 32-23-1.2 Submission to breath test required by officer--Chemical test after positive breath test.
- § 32-23-1.3 Arrested person to be charged--Requirements for reduction or dismissal.
- § 32-23-2 Punishment for prohibited driving--First offense.
- § 32-23-2.1 Evaluation of certain persons convicted of first offense driving while intoxicated--Costs.
- § 32-23-3 Punishment for second offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege for certain purposes.
- § 32-23-4 Punishment for third offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege for certain purposes.
- § 32-23-4.1 Calculation of number of offenses.
- § 32-23-4.2 Separate allegation of former conviction.
- § 32-23-4.3 Plea and election of method of trial on driving under influence--Advice as to former conviction charge.
- § 32-23-4.4 Separate trial on charge of former conviction.
- § 32-23-4.5 Convictions in other states considered.
- § 32-23-4.6 Punishment for fourth offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege for certain purposes.
- § 32-23-4.7 Punishment for fifth or subsequent offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege for certain purposes.
- § 32-23-4.8 Convictions under ยง 22-18-36 or 22-16-41 included in calculation of number of offenses.
- § 32-23-4.9 Punishment for sixth or subsequent offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege for certain purposes.
- § 32-23-4.10 Costs payable to county--Nonpayment punishable by contempt.
- § 32-23-5 Repealed.
- § 32-23-6 Lawful use of drugs no defense.
- § 32-23-7 Presumptions arising from chemical analysis of body fluids.
- § 32-23-8 Other evidence on being under the influence of alcoholic beverage.
- § 32-23-9 Repealed.
- § 32-23-10 Operation of vehicle as consent to withdrawal of bodily substances and chemical analysis--Submission to withdrawal or analysis following arrest.
- § 32-23-10.1 Refusal to submit to chemical test or allow withdrawal of bodily substance admissible into evidence.
- § 32-23-10.2 Repealed.
- § 32-23-10.3 Serious bodily injury defined.
- § 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.
- § 32-23-11.1 License of driver under age twenty-one who pleads guilty not subject to revocation.
- § 32-23-12 Repealed.
- § 32-23-12.1 Repealed.
- § 32-23-13 Failure to invoke refusal procedure as permission to make chemical analysis.
- § 32-23-14 Persons authorized to withdraw blood to determine alcohol content--Liability.
- § 32-23-14.1 Requirements for validity of withdrawal or test--Director of laboratories to approve methods and issue permits.
- § 32-23-15 Right to have technician of own choosing make separate test.
- § 32-23-16 Results of analysis available to accused or attorney.
- § 32-23-17 Withdrawal, chemical test, and witness fees and expenses taxed as costs.
- § 32-23-18 Revocation of license of driver under age twenty-one for refusal to submit to chemical analysis.
- § 32-23-19 Law enforcement officer to serve notice of intent to revoke--License confiscated--Notice as temporary license.
- § 32-23-20 Revocation of nonresident driving privileges.
- § 32-23-21 Driver under age of twenty-one operating vehicle after alcohol or drug consumption--Misdemeanor--Suspension of license--Restricted driving privilege.
- § 32-23-22 Chapter not applicable to person riding animal or foot-pedal conveyance.
- § 32-23-23 Driving permit issued to certain persons conditioned on abstinence from alcohol use and participation in 24/7 sobriety program--Revocation for violation of condition.
Disclaimer: These codes may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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