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State of South Dakota
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SEVENTY-SEVENTH
SESSION
LEGISLATIVE ASSEMBLY, 2002 |
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HOUSE BILL
NO.
1034
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Introduced by:
The Committee on Transportation at the request of the Department of
Transportation
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FOR AN ACT ENTITLED, An Act to
reduce the legal blood alcohol limits for motor vehicle
drivers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-23-1 be amended to read as follows:
32-23-1.
A
No
person may
not
drive or be in actual physical control of any vehicle while:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-23-1 be amended to read as follows:
32-23-1.
(1)
There is
0.10
0.08
percent or more by weight of alcohol in
his
that person's
blood as
shown by chemical analysis of
his
that person's
breath, blood, or other bodily
substance;
(2)
Under the influence of an alcoholic beverage;
(3)
Under the influence of marijuana or any controlled drug or substance to a degree
which renders
him
the person
incapable of safely driving; or
(4)
Under the combined influence of an alcoholic beverage and marijuana or any
controlled drug or substance to a degree which renders
him
the person
incapable of
safely driving.
Section 2. That § 32-23-7 be amended to read as follows:
32-23-7. In any criminal prosecution for a violation of § 32-23-1 relating to driving a vehicle while under the influence of intoxicating liquor, a violation of § 22-16-41, or a violation of § 22-16-42, the amount of alcohol in the defendant's blood at the time alleged as shown by chemical analysis of the defendant's blood, breath, or other bodily substance
shall give
gives
rise
to the following presumptions:
Section 2. That § 32-23-7 be amended to read as follows:
32-23-7. In any criminal prosecution for a violation of § 32-23-1 relating to driving a vehicle while under the influence of intoxicating liquor, a violation of § 22-16-41, or a violation of § 22-16-42, the amount of alcohol in the defendant's blood at the time alleged as shown by chemical analysis of the defendant's blood, breath, or other bodily substance
(1)
If there was at that time five hundredths percent or less by weight of alcohol in the
defendant's blood, it
shall be
is
presumed that the defendant was not under the
influence of intoxicating liquor;
(2)
If there was at that time in excess of five hundredths percent but less than
ten
eight
hundredths percent by weight of alcohol in the defendant's blood, such fact
shall
does
not give rise to any presumption that the defendant was or was not under the
influence of intoxicating liquor, but such fact may be considered with other competent
evidence in determining the guilt or innocence of the defendant;
(3)
If there was at that time
ten
eight
hundredths percent or more by weight of alcohol
in the defendant's blood, it
shall be
is
presumed that the defendant was under the
influence of intoxicating liquor.
Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per 1.0
cubic centimeters of whole blood or 2100 cubic centimeters of deep lung breath.
