Only a physician, laboratory technician, registered nurse, physician's assistant, phlebotomist, licensed practical nurse, medical technician, medical technologist, or other person authorized pursuant to a certification, license, or training may withdraw blood for the purpose of determining the alcoholic content therein. This limitation does not apply to the taking of a breath or other bodily substance specimen. Such authorized persons, acting on the presumption of consent in § 32-23-10, and any hospital or facility employing such persons, are not liable and may not be held to pay damages to the party from whom the blood sample is withdrawn, if the withdrawal is administered with usual and ordinary care. No person authorized to withdraw blood under this section may be required or forced to withdraw blood for the purposes outlined in this chapter, unless required pursuant to a written agreement.
S.D. Codified Laws § 32-23-14
Persons authorized to withdraw blood to determine alcohol content--Liability
Applied in 7 court decisions — leading case State v. Halverson (1973)
Most recently applied in Wangsness v. Aldinger (July 1999)
Source: SL 1959, ch 264, § 3; SDC Supp 1960, § 44.0302-2; SL 1971, ch 193, § 2; SL 1975, ch 208, § 1; SL 1982, ch 246, § 5; SL 1983, ch 245, § 4; SL 1989, ch 274, § 4; SL 2006, …
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.