South Dakota Codified Laws
Chapter 23 - Driving Under The Influence
Section 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. 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 person's breath, blood, or other bodily substance;
(2)Under the influence of an alcoholic beverage, marijuana, or any controlled drug or substance not obtained pursuant to a valid prescription, or any combination of an alcoholic beverage, marijuana, or such controlled drug or substance;
(3)Under the influence of any controlled drug or substance obtained pursuant to a valid prescription, or any other substance, to a degree which renders the person incapable of safely driving;
(4)Under the combined influence of an alcoholic beverage and or any controlled drug or substance obtained pursuant to a valid prescription, or any other substance, to a degree which renders the person incapable of safely driving; or
(5)Under the influence of any substance ingested, inhaled, or otherwise taken into the body as prohibited by §22-42-15.

Source: SDC 1939, §§44.0302, 44.9920, 44.9922; SL 1949, ch 42, §1; SL 1953, ch 246, §1; SDC Supp 1960, §44.0302-1; SL 1973, ch 195, §3; SL 1976, ch 158, §42-8; SL 1982, ch 246, §1; SL 2002, ch 160, §1; SL 2006, ch 168, §1.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 32 - Motor Vehicles

Chapter 23 - Driving Under The Influence

Section 32-23-1 - Driving or control of vehicle prohibited with alcohol in blood or while under influence of alcohol, drug, or intoxicant.

Section 32-23-1.1 - Arrest without warrant on probable cause after accident.

Section 32-23-1.2 - Submission to breath test required by officer--Chemical test after positive breath test.

Section 32-23-1.3 - Arrested person to be charged--Requirements for reduction or dismissal.

Section 32-23-2 - Punishment for prohibited driving--First offense.

Section 32-23-2.1 - Evaluation of certain persons convicted of first offense driving while intoxicated--Costs.

Section 32-23-3 - Punishment for second offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege for certain purposes.

Section 32-23-4 - Punishment for third offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege for certain purposes.

Section 32-23-4.1 - Calculation of number of offenses.

Section 32-23-4.2 - Separate allegation of former conviction.

Section 32-23-4.3 - Plea and election of method of trial on driving under influence--Advice as to former conviction charge.

Section 32-23-4.4 - Separate trial on charge of former conviction.

Section 32-23-4.5 - Convictions in other states considered.

Section 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.

Section 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.

Section 32-23-4.8 - Convictions under §22-18-36 or 22-16-41 included in calculation of number of offenses.

Section 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.

Section 32-23-4.10 - Costs payable to county--Nonpayment punishable by contempt.

Section 32-23-6 - Lawful use of drugs no defense.

Section 32-23-7 - Presumptions arising from chemical analysis of body fluids.

Section 32-23-8 - Other evidence on being under the influence of alcoholic beverage.

Section 32-23-10 - Operation of vehicle as consent to withdrawal of bodily substances and chemical analysis--Submission to withdrawal or analysis following arrest.

Section 32-23-10.1 - Refusal to submit to chemical test or allow withdrawal of bodily substance admissible into evidence.

Section 32-23-10.3 - Serious bodily injury defined.

Section 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.

Section 32-23-11.1 - License of driver under age twenty-one who pleads guilty not subject to revocation.

Section 32-23-13 - Failure to invoke refusal procedure as permission to make chemical analysis.

Section 32-23-14 - Persons authorized to withdraw blood to determine alcohol content--Liability.

Section 32-23-14.1 - Requirements for validity of withdrawal or test--Director of laboratories to approve methods and issue permits.

Section 32-23-15 - Right to have technician of own choosing make separate test.

Section 32-23-16 - Results of analysis available to accused or attorney.

Section 32-23-17 - Withdrawal, chemical test, and witness fees and expenses taxed as costs.

Section 32-23-18 - Revocation of license of driver under age twenty-one for refusal to submit to chemical analysis.

Section 32-23-19 - Law enforcement officer to serve notice of intent to revoke--License confiscated--Notice as temporary license.

Section 32-23-20 - Revocation of nonresident driving privileges.

Section 32-23-21 - Driver under age of twenty-one operating vehicle after alcohol or drug consumption--Misdemeanor--Suspension of license--Restricted driving privilege.

Section 32-23-22 - Chapter not applicable to person riding animal or foot-pedal conveyance.

Section 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.