South Dakota criminal code — chapter
Chapter 23: Driving Under The Influence
Chapter 23 of Title 32: Motor Vehicles, South Dakota Codified Laws. Statutory text on each section page is current through the legislative session it names.
Sections of Chapter 23
- SDCL § 32-23-1 — Driving or control of vehicle prohibited with alcohol in blood or while under influence of alcohol, drug, or intoxicant
- SDCL § 32-23-1.1 — Arrest without warrant on probable cause after accident
- SDCL § 32-23-1.2 — Submission to breath test required by officer--Chemical test after positive breath test
- SDCL § 32-23-1.3 — Arrested person to be charged--Requirements for reduction or dismissal
- SDCL § 32-23-2 — Punishment for prohibited driving--First offense--Limited driving privilege
- SDCL § 32-23-2.1 — Evaluation of certain persons convicted of first offense driving while intoxicated--Costs
- SDCL § 32-23-3 — Punishment for second offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege
- SDCL § 32-23-4 — Punishment for third offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege
- SDCL § 32-23-4.1 — Calculation of number of offenses
- SDCL § 32-23-4.10 — Costs payable to county--Nonpayment punishable by contempt
- SDCL § 32-23-4.2 — Separate allegation of former conviction
- SDCL § 32-23-4.3 — Plea and election of method of trial on driving under influence--Advice as to former conviction charge
- SDCL § 32-23-4.4 — Separate trial on charge of former conviction
- SDCL § 32-23-4.5 — Convictions in other states considered
- SDCL § 32-23-4.6 — Punishment for fourth offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege--Mandatory sentence--Suspension of sentence
- SDCL § 32-23-4.7 — Punishment for fifth or subsequent offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege--Mandatory sentence
- SDCL § 32-23-4.8 — Convictions under § 22-18-36 or 22-16-41 included in calculation of number of offenses
- SDCL § 32-23-4.9 — Punishment for sixth or subsequent offense--Mandatory sentence--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege--Supervision
- SDCL § 32-23-5 — Repealed by SL 1988, ch 254, § 7
- SDCL § 32-23-6 — Lawful use of drugs no defense
- SDCL § 32-23-7 — Presumptions arising from chemical analysis of body fluids
- SDCL § 32-23-8 — Other evidence on being under the influence of alcoholic beverage
- SDCL § 32-23-9 — Repealed by SL 1974, ch 76, § 4
- SDCL § 32-23-10 — Operation of vehicle as consent to withdrawal of bodily substances and chemical analysis--Submission to withdrawal or analysis following arrest
- SDCL § 32-23-10.1 — Refusal to submit to chemical test or allow withdrawal of bodily substance admissible into evidence
- SDCL § 32-23-10.2 — Repealed by SL 1989, ch 265, § 27
- SDCL § 32-23-10.3 — Serious bodily injury defined
- SDCL § 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
- SDCL § 32-23-11.1 — License of driver under age twenty-one who pleads guilty not subject to revocation
- SDCL § 32-23-12 — Repealed by SL 1997, ch 189, § 2
- SDCL § 32-23-12.1 — Repealed by SL 1989, ch 265, § 28
- SDCL § 32-23-13 — Failure to invoke refusal procedure as permission to make chemical analysis
- SDCL § 32-23-14 — Persons authorized to withdraw blood to determine alcohol content--Liability
- SDCL § 32-23-14.1 — Requirements for validity of withdrawal or test--Director of laboratories to approve methods and issue permits
- SDCL § 32-23-15 — Right to have technician of own choosing make separate test
- SDCL § 32-23-16 — Results of analysis available to accused or attorney
- SDCL § 32-23-17 — Withdrawal, chemical test, and witness fees and expenses taxed as costs
- SDCL § 32-23-18 — Revocation of license of driver under age twenty-one for refusal to submit to chemical analysis
- SDCL § 32-23-19 — Law enforcement officer to serve notice of intent to revoke--License confiscated--Notice as temporary license
- SDCL § 32-23-20 — Revocation of nonresident driving privileges
- SDCL § 32-23-21 — Driver under age of twenty-one operating vehicle after alcohol or drug consumption--Misdemeanor--Suspension of license--Restricted driving privilege
- SDCL § 32-23-22 — Chapter not applicable to person riding animal or foot-pedal conveyance
- SDCL § 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
- SDCL § 32-23-24 — Multi-passenger quadricycle--Chapter application
This reference is informational and is not legal advice.