LawSmart.com

If I Am Stopped For Driving Under The Influence, Am I Required To Submit To A Chemical Analysis Of My Breath Or Blood?

Any person who operates any vehicle in South Dakota is considered to have given their 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, a their own expense. This is in addition to the test required by the arresting officer.

Other South Dakota Drunk Driving Defense FAQs

Q: What Is The Legal Blood Alcohol Concentration Level In South Dakota For Determining If A Person Is Driving While Under The Influence Of Alcohol?
A: If an individual has 0.10 percent or more by weight of alcohol in their blood, as shown by chemical analysis of their breath, blood, or other bodily substance, they … More
Q: Do I Have To Be Driving My Vehicle To Be Charged With Driving Under The Influence?
A: No. An individual who is in actual physical control of a motor vehicle can be charged with DUI, even if they are not actually driving the vehicle. For example, an … More
Q: Do I Have To Have A Bac Level Of .10 To Be Charged With Driving Under The Influence?
A: No. If it is evident that alcohol consumption rendered a driver incapable of driving safely, the driver can be charged with driving under the influence of alcohol. … More
Q: What Is The Penalty For Driving Under The Influence As A First Offense?
A: A first offense is a Class 1 misdemeanor, and the defendant's driving privileges shall be revoked for not less than thirty days. However, the court may issue an order … More
Q: What Is The Penalty For Driving Under The Influence As A Second Offense?
A: A second offense is also a Class 1 misdemeanor, and the defendant's driving privilege will be revoked unconditionally for a period of not less than one year. However, … More
Q: What Is The Penalty For Driving Under The Influence As A Third Offense?
A: A third offense is a Class 6 felony, and the court shall unconditionally revoke the defendant's driving privileges for such period of time as may be determined by the … More
Q: What Is The Penalty For Driving Under The Influence As A Fourth Offense?
A: A fourth or subsequent offense when a person has previously been convicted of a felony for a third offense, is a Class 5 felony, and the court shall unconditionally … More
Q: What Are The Speed Limits In South Dakota?
A: Unless Otherwise Posted Absolute Interstate 75 mph Ltd Access Rds 65 mph Other Primary Rds 65 mph Residential 25 mph More
Q: How Are Speed Limits Enforced?
A: Enforced through use of: Pacing Yes Radar Yes Vascar No Photo Radar No Aircraft Yes Laser Yes More
Q: How Can Tickets Be Paid?
A: Tickets can be paid by mail or in person.