AN ACT
ENTITLED, An Act to revise certain provisions pertaining to the disqualification of commercial
driver license holders for failure to consent to chemical analyses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. 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:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. 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 or drugs in that person's blood or other bodily substance 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 pertaining to the disqualification of commercial driver license holders for failure to consent to chemical analyses.
An Act to revise certain provisions pertaining to the disqualification of commercial driver license holders for failure to consent to chemical analyses.
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I certify that the attached Act originated in the
SENATE as Bill No. 12
____________________________
Secretary of the Senate ____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
____________________________
Attest:
____________________________
Chief Clerk
Senate Bill No. 12 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 _________________________ |
