If I am stopped for DUI in South Dakota, am I required to submit to a Breath or Blood Test?

Any person who operates any vehicle in South Dakota is considered to have given their implied consent to the withdrawal of blood or other bodily substance and chemical analysis of their blood, breath or other bodily substance to determine the amount of alcohol in their blood and to determine the presence of marijuana or any controlled drug or substance. If the person refuses to submit to the withdrawal or chemical analysis, no chemical analysis will be required, unless the person has been arrested for a third or fourth DUI, however the individual's driver's license shall be revoked for one year. The individual does have the right to have a technician of their own choosing perform a chemical analysis of their blood, however, at their own expense. This is in addition to the test required by the arresting officer.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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