Failure to invoke refusal procedure as permission to make chemical analysis.

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

If any operator of a motor vehicle in this state who has been requested to submit to a chemical test fails to invoke the provision in §32-23-11 which permits him to refuse to submit to a test, then the failure to invoke the provision permitting a refusal to submit to a test shall constitute consent and authority to administer a test notwithstanding the age of the operator of the motor vehicle.

Source: SL 1959, ch 264, §5; SDC Supp 1960, §44.0302-2; SL 1971, ch 193, §1; SL 1982, ch 246, §4.


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