South Dakota statute
SDCL § 32-23-2.1 — Evaluation of certain persons convicted of first offense driving while intoxicated--Costs
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 23: Driving Under The Influence, South Dakota Codified Laws.
Full text of SDCL § 32-23-2.1
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
Any person convicted of a first offense pursuant to § 32-23-1 with a 0.17 percent or more by weight of alcohol in the person's blood shall, in addition to the penalties provided in § 32-23-2, be required to undergo a court-ordered evaluation by an addiction counselor licensed or certified by the Board of Addiction and Prevention Professionals pursuant to § 36-34-13.1 or a licensed or certified health care professional with specialized training in chemical dependency evaluation to determine if the defendant is chemically dependent. The cost of such evaluation shall be paid by the defendant. The recommendations of the evaluation shall be provided to the referring judge.
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