No person may drive or be in actual physical control of a commercial motor vehicle while there is between 0.04 and 0.08 percent or more, by weight of alcohol in that person’s blood as shown by chemical analysis of that person’s breath, blood, or other body substance. Any violation of this section is a Class 2 misdemeanor.

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 2 misdemeanorup to 30 daysup to $500
For details, see § 22-6-2
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Terms Used In South Dakota Codified Laws 32-12A-44

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

Source: SL 1991, ch 252, § 12; SDCL § 32-12-110.1; SL 2001, ch 171, §§ 99, 115; SL 2002, ch 160, § 4.

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