42-8-45.4. Amount of alcohol in blood--Presumptions.
In any criminal prosecution for a violation of §42-8-45, 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, a presumption arises 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; and
(3)If there was at that time eight hundredths percent or more by weight of alcohol in the defendant's blood, a presumption arises that the defendant was under the influence of an alcoholic beverage.
Percent by weight of alcohol in the blood is based upon milligrams of alcohol per 1.0 cubic centimeter of whole blood or 2100 cubic centimeters of deep lung breath.
Source: SL 1992, ch 306, §6; SL 2002, ch 160, §6; SL 2012, ch 208, §4.
Structure South Dakota Codified Laws
Title 42 - Recreation and Sports
Section 42-8-1 - Safety and uniformity as policy of state.
Section 42-8-1.2 - Governor authorized to prohibit or restrict use of certain waterways.
Section 42-8-1.3 - Notice of restriction or prohibition.
Section 42-8-1.4 - Violation of prohibition or restriction as misdemeanor.
Section 42-8-2 - Definition of terms.
Section 42-8-2.1 - "Underway" defined.
Section 42-8-41 - Boats--Required equipment--Penalty.
Section 42-8-42 - Muffler required--Use of cutouts prohibited--Racing boats excepted.
Section 42-8-45 - Operation of boat under influence of alcohol or drugs as misdemeanor.
Section 42-8-45.1 - Arrest without a warrant--Probable cause.
Section 42-8-45.2 - Submission to breath test upon accident or violation--Chemical test.
Section 42-8-45.3 - Lawful use of drug no defense.
Section 42-8-45.4 - Amount of alcohol in blood--Presumptions.
Section 42-8-45.5 - Competent evidence not limited.
Section 42-8-45.6 - Operation of boat on public waters as consent to be tested.
Section 42-8-45.7 - Persons authorized to take breath or other bodily substance specimen--Liability.
Section 42-8-45.9 - Choice of additional testing.
Section 42-8-45.10 - Availability of test results.
Section 42-8-45.11 - Costs of testing and witness expenses as costs in the action.
Section 42-8-46 - Reckless operation of boat as misdemeanor.
Section 42-8-50 - Skiing requirements waived for exhibitions and regattas.
Section 42-8-52 - Tampering with or unlawful operation of boat as misdemeanor.
Section 42-8-63 - Application by political subdivision for special rules applicable therein.
Section 42-8-67 - Boundary waters--Concurrent jurisdiction with adjoining states.
Section 42-8-68 - Sailboards exempt.
Section 42-8-69 - Age requirement for driving certain motorboats--Violation as misdemeanor.