South Dakota Statutes

§ 32-23-13 — Failure to invoke refusal procedure as permission to make chemical analysis.

South Dakota § 32-23-13
JurisdictionSouth Dakota
Title 32MOTOR VEHICLES
Ch. 32-21DRIVING UNDER THE INFLUENCE

This text of South Dakota § 32-23-13 (Failure to invoke refusal procedure as permission to make chemical analysis.) 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 § 32-23-13 (2026).

Text

If any operator of a motor vehicle in this state who has been requested to submit to a chemical test fails to invoke the provision in § 32-23-11 which permits him to refuse to submit to a test, then the failure to invoke the provision permitting a refusal to submit to a test shall constitute consent and authority to administer a test notwithstanding the age of the operator of the motor vehicle.

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Related

State v. Hartman
256 N.W.2d 131 (South Dakota Supreme Court, 1977)
46 case citations
State v. Buckingham
240 N.W.2d 84 (South Dakota Supreme Court, 1976)
31 case citations
State v. Fischer
379 N.W.2d 847 (South Dakota Supreme Court, 1986)

Legislative History

SL 1959, ch 264, § 5; SDC Supp 1960, § 44.0302-2; SL 1971, ch 193, § 1; SL 1982, ch 246, § 4.

Nearby Sections

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Bluebook (online)
South Dakota § 32-23-13, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/32-23-13.