Chapter 23 - Driving Under The Influence

Chapter 23 - Driving Under The Influence

§ 32-23-1 Driving or control of vehicle prohibited with alcohol in blood or while under influence of alcohol, drug, or intoxicant.
§ 32-23-1.1 Arrest without warrant on probable cause after accident.
§ 32-23-1.2 Submission to breath test required by officer--Chemical test after positive breath test.
§ 32-23-1.3 Arrested person to be charged--Requirements for reduction or dismissal.
§ 32-23-2 Punishment for prohibited driving--First offense.
§ 32-23-2.1 Evaluation of certain persons convicted of first offense driving while intoxicated--Costs.
§ 32-23-3 Punishment for second offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege for certain purposes.
§ 32-23-4 Punishment for third offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege for certain purposes.
§ 32-23-4.1 Calculation of number of offenses.
§ 32-23-4.2 Separate allegation of former conviction.
§ 32-23-4.3 Plea and election of method of trial on driving under influence--Advice as to former conviction charge.
§ 32-23-4.4 Separate trial on charge of former conviction.
§ 32-23-4.5 Convictions in other states considered.
§ 32-23-4.6 Punishment for fourth offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege for certain purposes.
§ 32-23-4.7 Punishment for fifth or subsequent offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege for certain purposes.
§ 32-23-4.8 Convictions under § 22-18-36 or 22-16-41 included in calculation of number of offenses.
§ 32-23-4.9 Punishment for sixth or subsequent offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege for certain purposes.
§ 32-23-4.10 Costs payable to county--Nonpayment punishable by contempt.
§ 32-23-5 Repealed.
§ 32-23-6 Lawful use of drugs no defense.
§ 32-23-7 Presumptions arising from chemical analysis of body fluids.
§ 32-23-8 Other evidence on being under the influence of alcoholic beverage.
§ 32-23-9 Repealed.
§ 32-23-10 Operation of vehicle as consent to withdrawal of bodily substances and chemical analysis--Submission to withdrawal or analysis following arrest.
§ 32-23-10.1 Refusal to submit to chemical test or allow withdrawal of bodily substance admissible into evidence.
§ 32-23-10.2 Repealed.
§ 32-23-10.3 Serious bodily injury defined.
§ 32-23-11 Request for hearing on revocation of license for refusal to submit to chemical analysis--Eligibility to drive for purpose of employment--Rules for restricted licenses.
§ 32-23-11.1 License of driver under age twenty-one who pleads guilty not subject to revocation.
§ 32-23-12 Repealed.
§ 32-23-12.1 Repealed.
§ 32-23-13 Failure to invoke refusal procedure as permission to make chemical analysis.
§ 32-23-14 Persons authorized to withdraw blood to determine alcohol content--Liability.
§ 32-23-14.1 Requirements for validity of withdrawal or test--Director of laboratories to approve methods and issue permits.
§ 32-23-15 Right to have technician of own choosing make separate test.
§ 32-23-16 Results of analysis available to accused or attorney.
§ 32-23-17 Withdrawal, chemical test, and witness fees and expenses taxed as costs.
§ 32-23-18 Revocation of license of driver under age twenty-one for refusal to submit to chemical analysis.
§ 32-23-19 Law enforcement officer to serve notice of intent to revoke--License confiscated--Notice as temporary license.
§ 32-23-20 Revocation of nonresident driving privileges.
§ 32-23-21 Driver under age of twenty-one operating vehicle after alcohol or drug consumption--Misdemeanor--Suspension of license--Restricted driving privilege.
§ 32-23-22 Chapter not applicable to person riding animal or foot-pedal conveyance.
§ 32-23-23 Driving permit issued to certain persons conditioned on abstinence from alcohol use and participation in 24/7 sobriety program--Revocation for violation of condition.

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