§ 32-23-1 Driving or control of vehicle prohibited with alcohol in blood or while under influence of alcohol, drug, or intoxicant
§ 32-23-1.1 Arrest without warrant on probable cause after accident
§ 32-23-1.2 Submission to breath test required by officer–Chemical test after positive breath test
§ 32-23-1.3 Arrested person to be charged–Requirements for reduction or dismissal
§ 32-23-2 Punishment for prohibited driving–First offense
§ 32-23-2.1 Evaluation of certain persons convicted of first offense driving while intoxicated–Costs
§ 32-23-3 Punishment for second offense–Revocation of driving privilege–Jail sentence for driving while privilege revoked–Limited driving privilege for certain purposes
§ 32-23-4 Punishment for third offense–Revocation of driving privilege–Jail sentence for driving while privilege revoked–Limited driving privilege for certain purposes
§ 32-23-4.1 Calculation of number of offenses
§ 32-23-4.2 Separate allegation of former conviction
§ 32-23-4.3 Plea and election of method of trial on driving under influence–Advice as to former conviction charge
§ 32-23-4.4 Separate trial on charge of former conviction
§ 32-23-4.5 Convictions in other states considered
§ 32-23-4.6 Punishment for fourth offense–Revocation of driving privilege–Jail sentence for driving while privilege revoked–Limited driving privilege for certain purposes–Mandatory sentence
§ 32-23-4.7 Punishment for fifth or subsequent offense–Revocation of driving privilege–Jail sentence for driving while privilege revoked–Limited driving privilege for certain purposes–Mandatory sentence
§ 32-23-4.9 Punishment for sixth or subsequent offense–Revocation of driving privilege–Jail sentence for driving while privilege revoked–Limited driving privilege for certain purposes–Mandatory sentence
§ 32-23-4.10 Costs payable to county–Nonpayment punishable by contempt
§ 32-23-6 Lawful use of drugs no defense
§ 32-23-7 Presumptions arising from chemical analysis of body fluids
§ 32-23-8 Other evidence on being under the influence of alcoholic beverage
§ 32-23-10 Operation of vehicle as consent to withdrawal of bodily substances and chemical analysis–Submission to withdrawal or analysis following arrest
§ 32-23-10.1 Refusal to submit to chemical test or allow withdrawal of bodily substance admissible into evidence
§ 32-23-10.3 Serious bodily injury defined
§ 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
§ 32-23-11.1 License of driver under age twenty-one who pleads guilty not subject to revocation
§ 32-23-13 Failure to invoke refusal procedure as permission to make chemical analysis
§ 32-23-14 Persons authorized to withdraw blood to determine alcohol content–Liability
§ 32-23-14.1 Requirements for validity of withdrawal or test–Director of laboratories to approve methods and issue permits
§ 32-23-15 Right to have technician of own choosing make separate test
§ 32-23-16 Results of analysis available to accused or attorney
§ 32-23-17 Withdrawal, chemical test, and witness fees and expenses taxed as costs
§ 32-23-18 Revocation of license of driver under age twenty-one for refusal to submit to chemical analysis
§ 32-23-19 Law enforcement officer to serve notice of intent to revoke–License confiscated–Notice as temporary license
§ 32-23-20 Revocation of nonresident driving privileges
§ 32-23-21 Driver under age of twenty-one operating vehicle after alcohol or drug consumption–Misdemeanor–Suspension of license–Restricted driving privilege
§ 32-23-22 Chapter not applicable to person riding animal or foot-pedal conveyance
§ 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
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Terms Used In South Dakota Codified Laws > Title 32 > Chapter 23 - Driving Under the Influence

  • Arrest: Taking physical custody of a person by lawful authority.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Statute: A law passed by a legislature.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2