South Dakota’s drugged driving law is located at South Dakota Codified Laws Section 32-23-1. South Dakota law prohibits operating a vehicle “under the influence of an alcoholic beverage, marijuana, or any controlled drug or substance not obtained pursuant to a valid prescription, or any combination of an alcoholic beverage, marijuana, or such controlled drug or substance; or under the influence of any controlled drug or substance obtained pursuant to a valid prescription, or any other substance, to a degree which renders the person incapable of safely driving."
In other words, in South Dakota it’s a crime to drive while under the influence of a drug. No blood testing standard is established in South Dakota – that is, there is no fixed amount of drugs within the blood system that determines conviction. Whether a driver is impaired is determined on a case-by-case basis and at the discretion of the prosecutor.
South Dakota’s drugged driving law is directed at the prohibition of marijuana, any controlled drug or substance whether obtained pursuant to a valid prescription or
not, or any substance used for the purpose of becoming intoxicated. (A listing of controlled substances regulated by federal law are found at the Drug Enforcement Administration website.) It’s not an acceptable defense to a drugged driving charge to claim that the driver is legally entitled to use the controlled substance.
A driver arrested for drugged driving in South Dakota will be charged with driving under the influence and subject to DUI penalties. A conviction for drugged driving will be considered as a prior offense for purposes of calculating punishment regardless of whether a subsequent offense is due to alcohol or drugs. Read more about South Dakota’s DUI laws.
No, there is no implied consent rule in South Dakota. The South Dakota Supreme Court has ruled that implied consent for blood samples is unconstitutional. The refusal to take the test can be admitted into evidence against the driver.