To be considered valid under the provisions of this chapter, the withdrawal or chemical analysis shall be performed at the direction of a law enforcement officer having lawfully arrested the person for a violation of § 32-23-1 or 32-23-21 and the chemical test analysis of the person's breath, if one is performed, shall be performed according to methods approved by the director of laboratories and by a person possessing a valid permit issued by the director of laboratories for this purpose. The director of laboratories may approve satisfactory techniques or methods to ascertain the qualifications and competence of anyone to conduct such analysis and issue permits which are subject to termination or revocation at the discretion of the director of laboratories.
S.D. Codified Laws § 32-23-14.1
Requirements for validity of withdrawal or test--Director of laboratories to approve methods and issue permits
Applied in 4 court decisions — leading case United States v. McMillan (1987)
Most recently applied in United States v. McMillan (May 1987)
Source: SL 1982, ch 246, § 6; SL 1985, ch 283, § 7; SL 1989, ch 274, § 5; SL 1998, ch 198, § 4.
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.