AN ACT
ENTITLED, An Act to revise certain provisions regarding the chemical testing of commercial
drivers.
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:
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 be given; 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.
Section 2. That § 32-12A-36 be amended to read:
32-12A-36. Any person is disqualified from driving a commercial motor vehicle for a period of
not less than one year:
(1) If convicted of a first violation of driving or being in actual physical control of a
commercial or noncommercial motor vehicle while under the influence of alcohol, or any
controlled drug or substance, in violation of § 32-23-1;
(2) If convicted of a first violation of driving or being in actual physical control of a
commercial motor vehicle while there is 0.04 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, in violation of § 32-12A-44;
(3) If convicted of a first violation of leaving the scene of an accident while operating a
commercial or noncommercial motor vehicle, in violation of § 32-34-5 or 32-34-6;
(4) If convicted of a first violation of using a commercial or noncommercial motor vehicle
in the commission of any felony other than a felony described in § 32-12A-38; or
(5) For refusing to submit to a chemical analysis for purposes of determining the amount of
alcohol in that person's blood while driving a commercial or noncommercial motor
vehicle in violation of § 32-12A-43 or 32-12A-46;
(6) If convicted of a first violation of operating a commercial motor vehicle while the person's
commercial driver license is revoked, suspended, or canceled or the person is disqualified
from operating a commercial motor vehicle in violation of § 32-12A-8. The department
may not issue a new license until one year from the date the person would otherwise have
been entitled to apply for a new license; or
(7) If convicted of a first violation of causing a fatality through the negligent operation of a
commercial motor vehicle.
If any of these violations or refusal occurred while transporting hazardous material required to
be placarded, the person is disqualified for a period of not less than three years.
An Act to revise certain provisions regarding the chemical testing of commercial drivers.
An Act to revise certain provisions regarding the chemical testing of commercial drivers.
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I certify that the attached Act originated in the
SENATE as Bill No. 34
____________________________
Secretary of the Senate ____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
____________________________
Attest:
____________________________
Chief Clerk
Senate Bill No. 34 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
