State of South Dakota
LEGISLATIVE ASSEMBLY, 2017
||HOUSE BILL NO. 1144 |
Introduced by: Representatives Tieszen, Howard, Johns, Kaiser, Lust, Smith, and Soli and Senators Rusch, Kennedy, Partridge, Peters, Solano, and White
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding commercial driver license disqualification for refusing to submit to a chemical analysis.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-12A-46 be amended to read:
32-12A-46. Any person who holds or is required to hold a commercial learner's permit or commercial driver license and operates any commercial or noncommercial motor vehicle in this state is considered to have given consent to the withdrawal of blood or other bodily substance to determine the amount of alcohol in that person's blood, or to determine the presence of any controlled drug or substance. The chemical analysis shall be administered at the direction of a law enforcement officer who, after stopping or detaining any person who holds or is required to hold a commercial learner's permit or commercial driver license, has probable cause to believe that the person was driving or in actual physical control of a commercial or noncommercial motor vehicle while having any alcohol or drugs in that person's system. Any person requested by a law enforcement officer under this section to submit to a chemical analysis shall be advised by the officer that:
(1) If the person refuses to submit to the chemical analysis, none
shall may be given, unless a warrant for the chemical analysis is issued; and
(2) If the person refuses to submit to the chemical analysis requested, the person shall be:
(a) Immediately placed out of service for a period of twenty-four hours, if operating a commercial motor vehicle at the time of the refusal; and
(b) Disqualified from operating a commercial motor vehicle for a period of not less than one year; or
(3) If the person submits to a chemical analysis which discloses that the person was operating the commercial motor vehicle while there was 0.04 percent or more by weight of alcohol in that person's blood the person shall be disqualified from operating a commercial motor vehicle for not less than one year.