32-23-7. Presumptions arising from chemical analysis of body fluids.
In any criminal prosecution for a violation of §32-23-1 relating to driving a vehicle while under the influence of an alcoholic beverage, a violation of §22-16-41, or a violation of §22-18-36, the amount of alcohol in the defendant's blood at the time alleged as shown by chemical analysis of the defendant's blood, breath, or other bodily substance gives rise to the following presumptions:
(1)If there was at that time five hundredths percent or less by weight of alcohol in the defendant's blood, it is presumed that the defendant was not under the influence of an alcoholic beverage;
(2)If there was at that time in excess of five hundredths percent but less than eight hundredths percent by weight of alcohol in the defendant's blood, such fact does not give rise to any presumption that the defendant was or was not under the influence of an alcoholic beverage, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant;
(3)If there was at that time eight hundredths percent or more by weight of alcohol in the defendant's blood, it is presumed that the defendant was under the influence of an alcoholic beverage.
Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per 1.0 cubic centimeter of whole blood or 2100 cubic centimeters of deep lung breath.
Source: SL 1949, ch 42, §2; SDC Supp 1960, §44.0302-1; SL 1965, ch 191; SL 1971, ch 191, §1; SL 1971, ch 192, §1; SL 1982, ch 246, §2; SL 1983, ch 176, §2; SL 2000, ch 159, §1; SL 2002, ch 160, §2; SL 2006, ch 168, §13.
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.