Every person operating a vehicle which has been involved in an accident or which is operated in violation of any of the provisions of this chapter shall, at the request of a law enforcement officer, submit to a breath test to be administered by such officer. If such test indicates that such operator has consumed alcohol, the law enforcement officer may require such operator to submit to a chemical test in the manner set forth in this chapter.
S.D. Codified Laws § 32-23-1.2
Submission to breath test required by officer--Chemical test after positive breath test
Applied in 7 court decisions — leading case State v. Huettl (1985)
Most recently applied in Blazer v. Dep't of Public Safety (December 2024)
Source: SL 1973, ch 195, § 11; SL 2006, ch 168, § 3.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.