FOR AN ACT ENTITLED, An Act to prohibit any person under the age of twenty-one from operating a motor vehicle if there is alcohol present in the person's blood or after consuming marijuana or any controlled drug or substance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That chapter 32-23 be amended by adding thereto a NEW SECTION to read as follows:

     It is a Class 2 misdemeanor for any person under the age of twenty-one years to drive, operate, or be in actual physical control of any motor vehicle:

             (1)    If there is physical evidence of 0.02 percent or more by weight of alcohol in the person's blood as shown by chemical analysis of the person's breath, blood, or other bodily substance; or

             (2)    After having consumed marijuana or any controlled drug or substance for as long as physical evidence of the consumption remains present in the person's body.

     If a person is found guilty of a violation of this section, the Unified Judicial System shall notify the Department of Commerce and Regulation. Upon receipt of notification from the

Unified Judicial System of the court's determination, the secretary of the department shall suspend that person's driver's license or operating privilege for a period of six months for a first offense or one year for any second or subsequent offense.

          Section  2.  That § 32-23-10 be amended to read as follows:
     32-23-10.   Any person who operates any vehicle in this state is considered to have given his consent to the withdrawal of blood or other bodily substance and chemical analysis of his the person's blood, breath , or other bodily substance to determine the amount of alcohol in his the person's blood and to determine the presence of marijuana or any controlled drug or substance.

     The person shall be requested by the officer to submit to the withdrawal of blood or other bodily substance for chemical analysis or chemical analysis of his the person's breath and shall be advised by the officer that:

             (1)      If he the person refuses to submit to the withdrawal or chemical analysis, no withdrawal or chemical analysis may be required unless he the person has been arrested for a third, fourth , or subsequent violation of §  32-23-1, constituting a felony offense under §  32-23-4 or 32-23-4.6;

             (2)      If he the person refuses to submit to the withdrawal or chemical analysis, his the person's driver's license shall be revoked for one year, unless pursuant to §  32-23-11.1 he the person pleads guilty to a violation of §  32-23-1 or section 1 of this Act, prior to a revocation order being issued; and

             (3)      He The person has the right to have a chemical analysis performed by a technician of his the person's own choosing at his the person's own expense, in addition to the test requested by the officer.
     Section  3.  That § 32-23-10.1 be amended to read as follows:
     32-23-10.1.   If a person refuses to submit to chemical analysis of his the person's blood,

urine, breath , or other bodily substance, or allow the withdrawal of blood or other bodily substance for chemical analysis as provided in §  32-23-10, and that person subsequently stands trial for violation of §  32-23-1 or section 1 of this Act , such refusal may be admissible into evidence at the trial.
     Section  4.  That § 32-23-14.1 be amended to read as follows:
     32-23-14.1.   To be considered valid under the provisions of this chapter, the withdrawal or chemical analysis shall be performed at the direction of a law enforcement officer having lawfully arrested the person for a violation of §  32-23-1 or section 1 of this Act and the chemical test analysis of the person's breath, if one is performed, shall have been be performed according to methods approved by the director of laboratories and by an individual a person possessing a valid permit issued by the director of laboratories for this purpose. The director of laboratories may approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals anyone to conduct such analysis and issue permits which are subject to termination or revocation at the discretion of the director of laboratories.
     Section  5.  That § 32-23-18 be amended to read as follows:
     32-23-18.   The Department of Commerce and Regulation shall revoke the license of any person arrested for violating §  32-23-1 or section 1 of this Act, who refuses to submit to a chemical analysis as directed by a law enforcement officer pursuant to §   32-23-10.

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BILL HISTORY
1/13/98 First read in Senate and referred to Transportation.   S.J.   32
1/20/98 Scheduled for Committee hearing on this date.
1/20/98 Transportation Do Pass Amended, Passed, AYES 7, NAYS 0.   S.J.   111