South Dakota’s DUI Implied Consent Law and Refusing Alcohol Testing

South Dakota law requires drivers lawfully arrested for a DUI to agree to a blood, breath, saliva, or urine test.

By , Attorney · University of San Francisco School of Law

During a driving under the influence (DUI) stop, it's common for an officer to ask the driver to take a breath, blood, or urine test. The purpose of these tests is to determine the amount of alcohol or drugs in the driver's system. Prosecutors often rely on test results to prove a DUI charge in court.

South Dakota's implied consent law governs when a driver must agree to take a blood, breath, or urine test and the penalties for drivers who unlawfully refuse testing.

South Dakota's DUI Implied Consent Requirements

South Dakota's implied consent law specifies that any person who holds a South Dakota driver's license or operates a vehicle within the state is deemed to have consented to a blood, breath, saliva, or urine test. (S.D. Codified Laws § 32-23-10.)

However, a driver generally is required to test only if lawfully arrested for a DUI. For a DUI arrest to be lawful, the officer must have probable cause to believe that the driver was driving or in actual physical control of a vehicle while under the influence of alcohol or drugs or that an underage driver was operating a vehicle after consuming alcohol.

Consequences of Refusing an Implied Consent Test in South Dakota

An unlawful refusal to submit to DUI chemical testing generally results in a one-year license revocation. However, some drivers might be eligible for a restricted license for driving to and from work during the revocation period. (S.D. Codified Laws § 32-23-11.)

Contesting an Implied Consent Refusal Suspension in South Dakota

Drivers who wish to contest their refusal-related suspension can request an administrative hearing within 120 days of the arrest. (S.D. Codified Laws § 32-23-11.)

Talk to a South Dakota DUI Lawyer

If you were arrested for driving under the influence, it's a good idea to talk to a DUI attorney in your area. An experienced DUI lawyer can review your case, let you know if there are any viable defenses, and help you decide on the best course of action.

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