Title 32 — MOTOR VEHICLES

The court must sentence the person to at least two years in a state correctional facility, one year of which must be served on parole, unless refused pursuant to §

The court may suspend this sentence only if the court orders the person to participate in and complete a drug court program, DUI court program, veterans treatment court program, or mental health court program, as a condition of probation. The court must revoke the person's driver…

A law enforcement officer may, without a warrant, arrest a person for a violation of the provisions of § 32-23-1 when the officer has probable cause to believe that the person to be arrested has been involved in a traffic accident and has violated the provisions of § 32-23-1 and …

Every person operating a vehicle which has been involved in an accident or which is operated in violation of any of the provisions of this chapter shall, at the request of a law enforcement officer, submit to a breath test to be administered by such officer. If such test indicate…

Any person arrested for driving or being in actual physical control of a vehicle while the weight of alcohol in the blood of the arrested person is 0.08 percent or greater, shall be charged with a violation of §

Any person who operates any vehicle 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 t…

If a person refuses to submit to chemical analysis of the person's blood, urine, breath, or other bodily substance, or allow the withdrawal of blood or other bodily substance for chemical analysis as provided in § 32-23-10 , and that person subsequently stands trial for violation…

32-23-10.3 Serious bodily injury defined. 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. 32-23-11.1 License of driver under age twenty-one who pleads …

For purposes of § 32-23-10 , serious bodily injury is such injury as is grave and not trivial, and gives rise to apprehension of danger to life, health, or limb. Source: SL 2004, ch 217 , § 2.

Any person subject to license revocation for failure to submit to the withdrawal and chemical analysis pursuant to § 32-23-18 who wants to contest the revocation, shall request a hearing, pursuant to chapter 1-26 , within one hundred twenty days of arrest. If the secretary of pub…

A person's license to drive is not subject to revocation as provided in § 32-23-18 if that person pleads guilty to violating § 32-23-21 before a revocation order is issued. Source: SL 1982, ch 248 , § 2; SL 1992, ch 225 ; SL 1992, ch 226 , § 4; SL 1993, ch 236 , § 1; SL 1993, ch …

32-23-12.1

32-23-13 Failure to invoke refusal procedure as permission to make chemical analysis. 32-23-14 Persons authorized to withdraw blood to determine alcohol content--Liability. 32-23-14.1 Requirements for validity of withdrawal or test--Director of laboratories to approve methods and…

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 shal…

Only a physician, laboratory technician, registered nurse, physician's assistant, phlebotomist, licensed practical nurse, medical technician, medical technologist, or other person authorized pursuant to a certification, license, or training may withdraw blood for the purpose of d…

To be considered valid under the provisions of this chapter, the withdrawal or chemical analysis shall be performed at the direction of a law enforcement officer having lawfully arrested the person for a violation of § 32-23-1 or 32-23-21 and the chemical test analysis of the per…

Any person tested pursuant to §§ 32-23-10 and 32-23-14 shall be permitted to 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…

Upon the request of any person who was tested pursuant to §§ 32-23-10 and 32-23-14 , or upon the request of the person's attorney, the results of such analysis shall be made available to the person or to the person's attorney. Source: SL 1959, ch 264 , § 2; SDC Supp 1960, § 44.03…

In the case of a conviction under this chapter the costs accrued for the withdrawal and chemical analysis of blood or other bodily substance, and witness fees and expenses in connection therewith, shall be taxed by the court as costs in the action and shall, if the county is to h…

The Department of Public Safety shall revoke the license of any person arrested for violating § 32-23-21 , who refuses to submit to a chemical analysis as requested by a law enforcement officer. Source: SL 1992, ch 226 , § 1; SL 1993, ch 237 , § 1; SL 1997, ch 189 , § 4; SL 1998,…

A law enforcement officer shall serve the notice of intent to revoke, on behalf of the Department of Public Safety and shall take possession of any driver's license issued by this state held by the person if the arrested driver refuses to submit to a chemical analysis as directed…

If conviction for a violation of § 32-23-1 is for a first offense, the person is guilty of a Class 1 misdemeanor, and the court must revoke the person's driver license for not less than thirty days. The court may, in its discretion, issue an order, upon proof of financial respons…

The department shall revoke the person's license to drive and any nonresident operating privileges pursuant to §

It is a Class 2 misdemeanor for any person under the age of twenty-one to drive, operate, or be in actual physical control of any vehicle: (1) If there is physical evidence of 0.02 percent or more by weight of alcohol in the person's blood as shown by a chemical analysis of the p…

The provisions of this chapter do not apply to any person who is riding: (1) A horse or other animal; and (2) A bicycle, tricycle, or other unpowered foot-pedal conveyance. Source: SL 2006, ch 170 , § 1.

Any driving permit issued by the court to any person, who has been convicted of a violation of § 32-23-1 shall be conditioned on the person's total abstinence from the use of alcohol, the person's participation in the 24/7 sobriety program created by §§ 1-11-17 to 1-11-25 , inclu…

A driver of a multi-passenger quadricycle, as defined in § 32-14-17 , is subject to a violation of any of the provisions of this chapter, but a passenger of a multi-passenger quadricycle may not be charged with a violation of this chapter. Source: SL 2024, ch 118 , § 12.

If conviction for a violation of § 32-23-1 is for a second offense, the person is guilty of a Class 1 misdemeanor, and the court must revoke the person's driver license for a period of not less than one year. Upon the successful completion of a court-approved chemical dependency …

If conviction for a violation of § 32-23-1 is for a third offense, the person is guilty of a Class 6 felony, and the court must revoke the person's driver license for a period of not less than one year from the date sentence is imposed or one year from the date of initial release…

Except as authorized under § 32-23-4.9 , no previous conviction for, or plea of guilty to, a violation of § 32-23-1 , 22-18-36 , or 22-16-41 occurring more than ten years prior to the date of the violation being charged may be used to determine that the violation being charged is…

In addition to any other penalty, assessment, or fine provided by law, the court shall order any person convicted of a crime for a violation of § 32-23-1 to remit costs in the amount of fifty dollars to the clerk of courts. The clerk of courts shall forward any amount collected p…

In any criminal case brought pursuant to the provisions of § 32-23-3 , 32-23-4 , 32-23-4.6 , or 32-23-4.7 , whether brought by information or indictment, a separate supporting information shall allege, in addition to the principal offense charged, any former convictions. If the i…

The plea and election of method of trial by the accused shall be first taken only on the first part of the information described in § 32-23-4.2 but before a plea is made the accused shall be informed by the judge, in absence of the jury, of the contents of the second part. There …

On a finding of guilty on the first part of the information described in § 32-23-4.2 a plea shall be taken and, if necessary, an election made on the second part and a trial thereon proceeded with, and until such time no information as to the second part of the information may be…

Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be a violation of § 32-23-1 , 22-18-36 , or 22-16-41 , and occurring within ten years prior to the date of the violation being charged, or twenty-five years if the requi…

If a conviction for a violation of § 32-23-1 is for a fourth offense, the person is guilty of a Class 5 felony, and the court must revoke the person's driver license for a period of not less than two years from the date sentence is imposed or two years from the date of initial re…

If a conviction for violation of § 32-23-1 is for a fifth or subsequent offense, the person is guilty of a Class 4 felony and the court must revoke the person's driver license for a period of not less than three years from the date sentence is imposed or three years from the date…

For purposes of determining whether a conviction for a violation of § 32-23-1 is for a second or subsequent offense, any conviction for a violation of § 22-18-36 or 22-16-41 counts as a conviction of §

If a conviction for a violation of § 32-23-1 is for a sixth or subsequent offense, and the person had at least five convictions of § 32-23-1 occurring within twenty-five years of the violation being charged and at least two of those prior convictions occurred within ten years, th…

32-23-6 Lawful use of drugs no defense. 32-23-7 Presumptions arising from chemical analysis of body fluids. 32-23-8 Other evidence on being under the influence of alcoholic beverage. 32-23-9

The fact that any person charged with a violation of § 32-23-1 is or has been prescribed a drug under the laws of this state is not a defense against any charge of violating §

In any criminal prosecution for a violation of § 32-23-1 relating to driving a vehicle while under the influence of an alcoholic beverage, a violation of § 22-16-41 , or a violation of § 22-18-36 , the amount of alcohol in the defendant's blood at the time alleged as shown by che…

The provisions of § 32-23-7 may not be construed as limiting the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of an alcoholic beverage. Source: SL 1949, ch 42 , § 2; SDC Supp 1960, § 44.0302-1 (4); SL …

32-23-10 Operation of vehicle as consent to withdrawal of bodily substances and chemical analysis--Submission to withdrawal or analysis following arrest. 32-23-10.1 Refusal to submit to chemical test or allow withdrawal of bodily substance admissible into evidence. 32-23-10.2