32-12A-46. Consent to test for alcohol or drugs--Consequences of refusal or submission to test.
Any person who holds or is required to hold a commercial learner's permit or commercial driver license and operates any commercial or noncommercial motor vehicle in this state is considered to have given consent to the withdrawal of blood or other bodily substance to determine the amount of alcohol in that person's blood, or to determine the presence of any controlled drug or substance. The chemical analysis shall be administered at the direction of a law enforcement officer who, after stopping or detaining any person who holds or is required to hold a commercial learner's permit or commercial driver license, has probable cause to believe that the person was driving or in actual physical control of a commercial or noncommercial motor vehicle while having any alcohol or drugs in that person's system. Any person requested by a law enforcement officer under this section to submit to a chemical analysis shall be advised by the officer that:
(1)If the person refuses to submit to the chemical analysis, none may be given, unless a warrant for the chemical analysis is issued; and
(2)If the person refuses to submit to the chemical analysis requested, the person shall be:
(a)Immediately placed out of service for a period of twenty-four hours, if operating a commercial motor vehicle at the time of the refusal; and
(b)Disqualified from operating a commercial motor vehicle for a period of not less than one year; or
(3)If the person submits to a chemical analysis which discloses that the person was operating the commercial motor vehicle while there was 0.04 percent or more by weight of alcohol in that person's blood the person shall be disqualified from operating a commercial motor vehicle for not less than one year.
Source: SL 1989, ch 267, §25; SDCL §32-12-111; SL 2001, ch 171, §§100, 115; SL 2016, ch 166, §1; SL 2017, ch 137, §1.
Structure South Dakota Codified Laws
Chapter 12A - Commercial Drivers Licenses And Permits
Section 32-12A-1 - Definitions.
Section 32-12A-2 - Construction of this chapter with general driver licensing provisions.
Section 32-12A-3 - Drivers of commercial vehicles limited to one license.
Section 32-12A-5.1 - Proceeding against employer by state's attorney.
Section 32-12A-7 - Qualifications of commercial motor vehicle drivers.
Section 32-12A-8.2 - Out-of-service order for motor carrier operation--Violation--Misdemeanor.
Section 32-12A-9 - Operators exempt from provisions of chapter.
Section 32-12A-10 - Adoption of rules regarding farm exemption of 32-12A-9.
Section 32-12A-13 - Nondomiciled commercial learner's permit or commercial driver license.
Section 32-12A-14 - Requirements of application.
Section 32-12A-14.2 - Applicants permitted three attempts to pass license examination.
Section 32-12A-15 - Commercial driver license fee--Additional fees.
Section 32-12A-16 - Issuance of duplicate license.
Section 32-12A-18 - Disqualification of commercial driving privileges for use of false information.
Section 32-12A-20 - Form and contents of commercial driver license.
Section 32-12A-20.1 - Social security number on license prohibited.
Section 32-12A-20.2 - Veteran designation on license or permit.
Section 32-12A-22 - License endorsements.
Section 32-12A-23 - Driver license and learner's permit restrictions.
Section 32-12A-23.1 - Additional learner's permit restrictions.
Section 32-12A-24 - Qualifications of school bus drivers.
Section 32-12A-24.3 - Blood glucose level checks of driver with insulin-treated diabetes mellitus.
Section 32-12A-25 - Prior convictions information required on school bus operator application.
Section 32-12A-29 - Notification to commercial driver license information system.
Section 32-12A-30 - Expiration of license.
Section 32-12A-34 - Reciprocal suspension, revocation, and disqualification.
Section 32-12A-37 - Disqualification for life for multiple violations of 32-12A-36--Reduction.
Section 32-12A-45 - Persons authorized to withdraw blood to determine alcohol content--Liability.
Section 32-12A-48 - Promulgation of rules.
Section 32-12A-49 - Agreements, arrangements, or declarations permitted.
Section 32-12A-56 - Violation of out-of-service order--Civil penalty against driver.
Section 32-12A-57 - Violation of out-of-service order--Civil penalty against employer.
Section 32-12A-58 - Adoption of Title 49 C.F.R., chapter 3, subpart B, parts 383 and 384.
Section 32-12A-59 - Disqualification for conviction of first grade crossing violation.
Section 32-12A-60 - Disqualification for second grade crossing conviction.
Section 32-12A-61 - Disqualification for third or subsequent grade crossing conviction.
Section 32-12A-64 - Convictions for traffic violations to appear on driver's record.
Section 32-12A-67 - Bond requirement for third-party testers--Exceptions.