South Dakota Codified Laws
Chapter 08 - Watercraft
Section 42-8-45.9 - Choice of additional testing.

42-8-45.9. Choice of additional testing.
Any person tested pursuant to this chapter may have a physician, laboratory technician, registered nurse, physician's assistant, or medical technologist of the person's own choosing administer the chemical analysis in addition to the one administered at the direction of the law enforcement officer.

Source: SL 1992, ch 306, §11; SL 2012, ch 208, §7.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 42 - Recreation and Sports

Chapter 08 - Watercraft

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 42-8-39 - Waste treatment requirements for kitchen and toilet facilities--Violation as misdemeanor.

Section 42-8-41 - Boats--Required equipment--Penalty.

Section 42-8-42 - Muffler required--Use of cutouts prohibited--Racing boats excepted.

Section 42-8-44.1 - Allowable area of operation of diver in underwater activity--Display and design of diver-down flag--Violation as misdemeanor.

Section 42-8-44.2 - Operation of boat or other surface activity in diver's allowable area prohibited--Violation as misdemeanor.

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 42-8-45.8 - Testing to be done under supervision of arresting officer--Breath test by person possessing permit.

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 42-8-48 - Waterskiing and surfboarding prohibited during hours of darkness--Violation as misdemeanor.

Section 42-8-49 - Two persons required in boat towing skis or aquaplane--Exception for wide angle mirror--Violation as misdemeanor.

Section 42-8-50 - Skiing requirements waived for exhibitions and regattas.

Section 42-8-51 - Operation to cause collision by skier or surfboarder prohibited--Violation as misdemeanor.

Section 42-8-52 - Tampering with or unlawful operation of boat as misdemeanor.

Section 42-8-54 - Application for permission for regatta, race or exhibition--Conducting unauthorized event as misdemeanor.

Section 42-8-56 - Operator of boat involved in accident to render assistance to other persons--Violation as misdemeanor.

Section 42-8-57 - Operator of boat involved in accident to reveal identification--Violation as misdemeanor.

Section 42-8-58 - Notice of accident to be filed with department--Investigation of accidents--Violation as misdemeanor.

Section 42-8-60 - Records maintained by owners of boats for hire--Preservation and inspection of records--Violation as misdemeanor.

Section 42-8-63 - Application by political subdivision for special rules applicable therein.

Section 42-8-66 - Enforcement of chapter by law enforcement officers--Stopping and boarding of boats.

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.

Section 42-8-102 - Personal watercraft--Rules of operation--Age requirement--Violation as misdemeanor.

Section 42-8-103 - Summons issued for violation punishable as Class 2 misdemeanor--Release upon promise to appear in court or bond--Violation as misdemeanor.