§ 32-23-7 — Presumptions arising from chemical analysis of body fluids.

In any criminal prosecution for a violation of § 32-23-1 relating to driving a vehicle while under the influence of an alcoholic beverage, a violation of § 22-16-41 , or a violation of § 22-18-36 , the amount of alcohol in the defendant's blood at the time alleged as shown by chemical analysis of the defendant's blood, breath, or other bodily substance gives rise to the following presumptions: (1) If there was at that time five hundredths percent or less by weight of alcohol in the defendant's blood, it is presumed that the defendant was not under the influence of an alcoholic beverage; (2) If there was at that time in excess of five hundredths percent but less than eight hundredths percent by weight of alcohol in the defendant's blood, such fact does not give rise to any presumption that the defendant was or was not under the influence of an alcoholic beverage, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant; (3) If there was at that time eight hundredths percent or more by weight of alcohol in the defendant's blood, it is presumed that the defendant was under the influence of an alcoholic beverage. Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per 1.0 cubic centimeter of whole blood or 2100 cubic centimeters of deep lung breath.

Legislative History

SL 1949, ch 42, § 2; SDC Supp 1960, § 44.0302-1; SL 1965, ch 191; SL 1971, ch 191, § 1; SL 1971, ch 192, § 1; SL 1982, ch 246, § 2; SL 1983, ch 176, § 2; SL 2000, ch 159, § 1; SL 2002, ch 160, § 2; SL 2006, ch 168, § 13.