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14 chapters · 321 sections in this title.
SDCL § 42-8-45.11 Costs of testing and witness expenses as costs in the action
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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…
SDCL § 42-8-45.2 Submission to breath test upon accident or violation--Chemical test
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Any person operating a boat while underway on the public waters of the state 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 adminis…
SDCL § 42-8-45.3 Lawful use of drug no defense
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The fact that any person charged with a violation of § 42-8-45 is or has been prescribed a drug under the laws of this state is not a defense against any charge of violating § 42-8-45 . Source: SL 1992, ch 306 , § 5; SL 2012, ch 208 , § 3.
SDCL § 42-8-45.4 Amount of alcohol in blood--Presumptions
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In any criminal prosecution for a violation of § 42-8-45 , the amount of alcohol in the defendant's blood at the time alleged as shown by chemical analysis of the defendant's blood, breath, or other bodily substance gives rise to the following presumptions: (1) If there was at th…
