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. - 32-23-1. Driving or control of vehicle prohibited with alcohol in...

Section 32-23-1.1 - Arrest without warrant on probable cause after accident. - 32-23-1.1. Arrest without warrant on probable cause after accident. A...

Section 32-23-1.2 - Submission to breath test required by officer--Chemical test after positive breath test. - 32-23-1.2. Submission to breath test required by officer--Chemical test after...

Section 32-23-1.3 - Arrested person to be charged--Requirements for reduction or dismissal. - 32-23-1.3. Arrested person to be charged--Requirements for reduction or dismissal....

Section 32-23-2 - Punishment for prohibited driving--First offense. - 32-23-2. Punishment for prohibited driving--First offense. If conviction for a...

Section 32-23-2.1 - Evaluation of certain persons convicted of first offense driving while intoxicated--Costs. - 32-23-2.1. Evaluation of certain persons convicted of first offense driving...

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. - 32-23-3. Punishment for second offense--Revocation of driving privilege--Jail sentence for...

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. - 32-23-4. Punishment for third offense--Revocation of driving privilege--Jail sentence for...

Section 32-23-4.1 - Calculation of number of offenses. - 32-23-4.1. Calculation of number of offenses. Except as authorized under...

Section 32-23-4.2 - Separate allegation of former conviction. - 32-23-4.2. Separate allegation of former conviction. In any criminal case...

Section 32-23-4.3 - Plea and election of method of trial on driving under influence--Advice as to former conviction charge. - 32-23-4.3. Plea and election of method of trial on driving...

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...

Section 32-23-4.5 - Convictions in other states considered. - 32-23-4.5. Convictions in other states considered. Any conviction for, or...

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. - 32-23-4.6. Punishment for fourth offense--Revocation of driving privilege--Jail sentence for...

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. - 32-23-4.7. Punishment for fifth or subsequent offense--Revocation of driving privilege--Jail...

Section 32-23-4.8 - Convictions under §22-18-36 or 22-16-41 included in calculation of number of offenses. - 32-23-4.8. Convictions under §22-18-36 or 22-16-41 included in calculation of...

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. - 32-23-4.9. Punishment for sixth or subsequent offense--Revocation of driving privilege--Jail...

Section 32-23-4.10 - Costs payable to county--Nonpayment punishable by contempt. - 32-23-4.10. Costs payable to county--Nonpayment punishable by contempt. In addition...

Section 32-23-6 - Lawful use of drugs no defense. - 32-23-6. Lawful use of drugs no defense. The fact that...

Section 32-23-7 - Presumptions arising from chemical analysis of body fluids. - 32-23-7. Presumptions arising from chemical analysis of body fluids. In...

Section 32-23-8 - Other evidence on being under the influence of alcoholic beverage. - 32-23-8. Other evidence on being under the influence of alcoholic...

Section 32-23-10 - Operation of vehicle as consent to withdrawal of bodily substances and chemical analysis--Submission to withdrawal or analysis following arrest. - 32-23-10. Operation of vehicle as consent to withdrawal of bodily...

Section 32-23-10.1 - Refusal to submit to chemical test or allow withdrawal of bodily substance admissible into evidence. - 32-23-10.1. Refusal to submit to chemical test or allow withdrawal...

Section 32-23-10.3 - Serious bodily injury defined. - 32-23-10.3. Serious bodily injury defined. For purposes of §32-23-10, serious...

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. - 32-23-11. Request for hearing on revocation of license for refusal...

Section 32-23-11.1 - License of driver under age twenty-one who pleads guilty not subject to revocation. - 32-23-11.1. License of driver under age twenty-one who pleads guilty...

Section 32-23-13 - Failure to invoke refusal procedure as permission to make chemical analysis. - 32-23-13. Failure to invoke refusal procedure as permission to make...

Section 32-23-14 - Persons authorized to withdraw blood to determine alcohol content--Liability. - 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. - 32-23-14.1. Requirements for validity of withdrawal or test--Director of laboratories...

Section 32-23-15 - Right to have technician of own choosing make separate test. - 32-23-15. Right to have technician of own choosing make separate...

Section 32-23-16 - Results of analysis available to accused or attorney. - 32-23-16. Results of analysis available to accused or attorney. Upon...

Section 32-23-17 - Withdrawal, chemical test, and witness fees and expenses taxed as costs. - 32-23-17. Withdrawal, chemical test, and witness fees and expenses taxed...

Section 32-23-18 - Revocation of license of driver under age twenty-one for refusal to submit to chemical analysis. - 32-23-18. Revocation of license of driver under age twenty-one for...

Section 32-23-19 - Law enforcement officer to serve notice of intent to revoke--License confiscated--Notice as temporary license. - 32-23-19. Law enforcement officer to serve notice of intent to...

Section 32-23-20 - Revocation of nonresident driving privileges. - 32-23-20. Revocation of nonresident driving privileges. The department shall revoke...

Section 32-23-21 - Driver under age of twenty-one operating vehicle after alcohol or drug consumption--Misdemeanor--Suspension of license--Restricted driving privilege. - 32-23-21. Driver under age of twenty-one operating vehicle after alcohol...

Section 32-23-22 - Chapter not applicable to person riding animal or foot-pedal conveyance. - 32-23-22. Chapter not applicable to person riding animal or foot-pedal...

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. - 32-23-23. Driving permit issued to certain persons conditioned on abstinence...