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CHAPTER 32-23

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 ยง 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32-23-5      Repealed.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32-23-9      Repealed.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      Revocation of license or privilege after refusal of withdrawal or test--Determination of 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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