South Dakota’s 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.

When investigating someone for driving under the influence (DUI), it's common for an officer to ask the person to take a breath, blood, or urine test to determine the amount of alcohol or drugs in the driver's system. The driver's blood alcohol concentration (BAC) or the concentration of drugs in the driver's blood is often used to prove a DUI in court.

This article gives an overview of South Dakota implied consent law and the consequences of an unlawful refusal.

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. 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

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 to drive to and from work during the revocation period.

Contesting the Refusal Suspension

Drivers who wish to contest their refusal-related suspension can request an administrative hearing within 120 days of the arrest.

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