If a person refuses to submit to chemical analysis of the person's blood, urine, breath, or other bodily substance, or allow the withdrawal of blood or other bodily substance for chemical analysis as provided in § 32-23-10, and that person subsequently stands trial for violation of § 32-23-1 or § 32-23-21, such refusal may be admissible into evidence at the trial.
S.D. Codified Laws § 32-23-10.1
Refusal to submit to chemical test or allow withdrawal of bodily substance admissible into evidence
Applied in 14 court decisions — leading case South Dakota v. Neville (1983)
Most recently applied in State v. Nelson (February 2022)
Source: SL 1980, ch 230, § 1; SL 1989, ch 274, § 2; SL 1998, ch 198, § 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.