Driving Under The Influence

  1. Law
  2. South Dakota Codified Laws
  3. Motor Vehicles
  4. Driving Under The Influence

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Section
32-23-1

Driving or control of vehicle prohibited with alcohol in blood or while under influence of alcohol, drug, or intoxicant.

Section
32-23-1.1

Arrest without warrant on probable cause after accident.

Section
32-23-1.2

Submission to breath test required by officer--Chemical test after positive breath test.

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
32-23-2.1

Evaluation of certain persons convicted of first offense driving while intoxicated--Costs.

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.

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.

Section
32-23-4.1

Calculation of number of offenses.

Section
32-23-4.2

Separate allegation of former conviction.

Section
32-23-4.3

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

Section
32-23-4.4

Separate trial on charge of former conviction.

Section
32-23-4.5

Convictions in other states considered.

Section
32-23-4.6

Punishment for fourth offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege for certain purposes.

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.

Section
32-23-4.8

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

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.

Section
32-23-4.10

Costs payable to county--Nonpayment punishable by contempt.

Section
32-23-5

Repealed.

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
32-23-9

Repealed.

Section
32-23-10

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

Section
32-23-10.1

Refusal to submit to chemical test or allow withdrawal of bodily substance admissible into evidence.

Section
32-23-10.2

Repealed.

Section
32-23-10.3

Serious bodily injury defined.

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.

Section
32-23-11.1

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

Section
32-23-12

Repealed.

Section
32-23-12.1

Repealed.

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
32-23-14.1

Requirements for validity of withdrawal or test--Director of laboratories to approve methods and issue permits.

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
32-23-18

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

Section
32-23-19

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

Section
32-23-20

Revocation of nonresident driving privileges.

Section
32-23-21

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

Section
32-23-22

Chapter not applicable to person riding animal or foot-pedal conveyance.

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.