South Dakota Statutes

§ 32-23-10 — Operation of vehicle as consent to withdrawal of bodily substances and chemical analysis--Submission to withdrawal or analysis following arrest.

South Dakota § 32-23-10
JurisdictionSouth Dakota
Title 32MOTOR VEHICLES
Ch. 32-21DRIVING UNDER THE INFLUENCE

This text of South Dakota § 32-23-10 (Operation of vehicle as consent to withdrawal of bodily substances and chemical analysis--Submission to withdrawal or analysis following arrest.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 32-23-10 (2026).

Text

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.

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Related

Peterson v. State
261 N.W.2d 405 (South Dakota Supreme Court, 1977)
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Kirby v. State, Department of Public Safety
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In Re Mehrer
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In Re the Revocation of the Driver's License of Olien
378 N.W.2d 262 (South Dakota Supreme Court, 1985)
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United States v. Swift Hawk
125 F. Supp. 2d 384 (D. South Dakota, 2000)
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City of Brookings v. Jensen
243 N.W.2d 71 (South Dakota Supreme Court, 1976)
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In re the Revocation of the Driver License of Petree
520 N.W.2d 610 (South Dakota Supreme Court, 1994)
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In Re the Revocation of the Driver's License of Knust
288 N.W.2d 776 (South Dakota Supreme Court, 1980)
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Blazer v. Dep't of Public Safety
2024 S.D. 74 (South Dakota Supreme Court, 2024)
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Legislative History

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, § 1; SL 1990, ch 259; SL 1998, ch 198, § 2; SL 2001, ch 178, § 1; SL 2004, ch 217, § 1; SL 2006, ch 169, § 1.

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Bluebook (online)
South Dakota § 32-23-10, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/32-23-10.