In the state of South Dakota, it is against the law to drive under the influence (DUI) of drugs or alcohol. Anyone operating a motor vehicle who has a BAC (Blood Alcohol Concentration) of .08% or greater, is considered to be driving under the influence (DUI).
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. No person may drive or be in actual physical control of any vehicle while:
- There is 0.08 percent or more by weight of alcohol in that person’s blood as shown by chemical analysis of that person’s breath, blood, or other bodily substance;
- Under the influence of an alcoholic beverage, marijuana, or any controlled drug or substance not obtained pursuant to a valid prescription, or any combination of an alcoholic beverage, marijuana, or such controlled drug or substance
- Under the influence of any controlled drug or substance obtained pursuant to a valid prescription, or any other substance, to a degree which renders the person incapable of safely driving;
- Under the combined influence of an alcoholic beverage and or any controlled drug or substance obtained pursuant to a valid prescription, or any other substance, to a degree which renders the person incapable of safely driving; or
- Under the influence of any substance ingested, inhaled, or otherwise taken into the body as prohibited by § 22-42-15.
Source: South Dakota Legislature
32-23-1.2 Submission to breath test required by officer-Chemical test after positive breath test
Every person operating a vehicle which has been involved in an accident or which is operated in violation of any of the provisions of this chapter shall, at the request of a law enforcement officer, submit to a breath test to be administered by such officer. If such test indicates that such operator has consumed alcohol, the law enforcement officer may require such operator to submit to a chemical test.
