42-8-45.6. Operation of boat on public waters as consent to be tested.
Any person who operates a boat while underway on the public waters of the state in this state is considered to have given consent to the withdrawal of blood or other bodily substance and chemical analysis of the person's blood, breath, or other bodily substance to determine the amount of alcohol in the person's blood and to determine the presence of marijuana or any controlled drug or substance or any substance ingested, inhaled, or otherwise taken into the body as prohibited by §22-42-15 or any other substance that may render a person incapable of safely operating a boat. The arresting law enforcement officer may, subsequent to the arrest of any operator for a violation of §42-8-45, require the operator to submit to the withdrawal of blood or other bodily substances as evidence.
Source: SL 1992, ch 306, §8; SL 2003, ch 168, §3; SL 2012, ch 208, §6.
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.