S.D. Codified Laws § 32-23-10

Operation of vehicle as consent to withdrawal of bodily substances and chemical analysis--Submission to withdrawal or analysis following arrest

Applied in 68 court decisions — leading case South Dakota v. Neville (1983)

Most recently applied in Blazer v. Dep't of Public Safety (December 2024)

Source: SL 1959, ch 264, § 1; SDC Supp 1960, § 44.0302-2; SL 1972, ch 181; SL 1973, ch 195, § 12; SL 1982, ch 246, § 3; SL 1983, ch 244, § 5; SL 1988, ch 265; SL 1989, ch 274, §…

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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.

Operation of vehicle as consent to withdrawal of bodily substances and chemical analysis--Submission to withdrawal or analysis following arrest.

Any person who operates any vehicle in this state is considered to have given consent to the withdrawal of blood or other bodily substance and chemical analysis of the person's blood, breath, or other bodily substance to determine the amount of alcohol in the person's blood and to determine the presence of marijuana or any controlled drug or substance or any substance ingested, inhaled, or otherwise taken into the body as prohibited by § 22-42-15 or any other substance that may render a person incapable of safely driving. The arresting law enforcement officer may, subsequent to the arrest of any operator for a violation of § 32-23-1, require the operator to submit to the withdrawal of blood or other bodily substances as evidence.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.