S.D. Codified Laws § 32-23-11

Request for hearing on revocation of license for refusal to submit to chemical analysis--Eligibility to drive for purpose of employment--Rules for restricted licenses

Applied in 33 court decisions — leading case South Dakota v. Neville (1983)

Most recently applied in State v. Tucker (June 1995)

Source: SL 1959, ch 264, § 1; SDC Supp 1960, § 44.0302-2; SL 1973, ch 195, § 13; SL 1976, ch 199; SL 1980, ch 230, § 3; SL 1982, ch 18, § 28; SL 1982, ch 248, § 1; SL 1986, ch 2…

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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.

Any person subject to license revocation for failure to submit to the withdrawal and chemical analysis pursuant to § 32-23-18 who wants to contest the revocation, shall request a hearing, pursuant to chapter 1-26, within one hundred twenty days of arrest. If the secretary of public safety finds that the law enforcement officer complied with the law and the refusal was made by the person, the secretary shall revoke that person's license to drive and any nonresident operating privileges for one year. The secretary shall determine if the person is eligible to drive for the purpose of employment and may promulgate rules, pursuant to chapter 1-26, for determining that eligibility.

The secretary of public safety may promulgate rules for restricted licenses as follows:

(1) Eligibility;

(2) Application;

(3) Determination;

(4) Limitations; and

(5) Grounds for revocation.

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