South Dakota Codified Laws
Chapter 23 - Driving Under The Influence
Section 32-23-4.4 - Separate trial on charge of former conviction.

32-23-4.4. Separate trial on charge of former conviction.
On a finding of guilty on the first part of the information described in §32-23-4.2 a plea shall be taken and, if necessary, an election made on the second part and a trial thereon proceeded with, and until such time no information as to the second part of the information may be divulged to the jury. If the accused elects a jury trial in the second part of the information, such trial may be had to the same or another jury as the court may direct.

Source: SL 1979, ch 159, §4C; SL 2006, ch 168, §9.

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.