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.
Any driving permit issued by the court to any person, who has been convicted of a violation of §32-23-1 shall be conditioned on the person's total abstinence from the use of alcohol, the person's participation in the 24/7 sobriety program created by §§1-11-17 to 1-11-25, inclusive, in those counties where 24/7 sobriety testing is available, the payment of associated costs and expenses and the person meeting one of the following conditions:
(1)The person had a previous conviction for a violation of §32-23-1 within the last ten years; or
(2)That the person had a 0.17 percent or more by weight of alcohol in that person's blood at the time the violation occurred.
The court shall immediately revoke the permit upon a showing of proof by a preponderance of the evidence that the person has violated this condition.
Source: SL 2006, ch 168, §15; SL 2007, ch 4, §12; SL 2011, ch 4, §1.
Structure South Dakota Codified Laws
Chapter 23 - Driving Under The Influence
Section 32-23-1.1 - Arrest without warrant on probable cause after accident.
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 32-23-4.1 - Calculation of number of offenses.
Section 32-23-4.2 - Separate allegation of former conviction.
Section 32-23-4.4 - Separate trial on charge of former conviction.
Section 32-23-4.5 - Convictions in other states considered.
Section 32-23-4.10 - 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 32-23-10.3 - Serious bodily injury defined.
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 32-23-15 - 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 32-23-20 - Revocation of nonresident driving privileges.
Section 32-23-22 - Chapter not applicable to person riding animal or foot-pedal conveyance.