32-23-10. Operation of vehicle as consent to withdrawal of bodily substances and chemical analysis--Submission to withdrawal or analysis following arrest.
Any person who operates any vehicle in this state is considered to have given consent to the withdrawal of blood or other bodily substance and chemical analysis of the person's blood, breath, or other bodily substance to determine the amount of alcohol in the person's blood and to determine the presence of marijuana or any controlled drug or substance or any substance ingested, inhaled, or otherwise taken into the body as prohibited by § 22-42-15 or any other substance that may render a person incapable of safely driving. The arresting law enforcement officer may, subsequent to the arrest of any operator for a violation of § 32-23-1, require the operator to submit to the withdrawal of blood or other bodily substances as evidence.
Source: SL 1959, ch 264, § 1; SDC Supp 1960, § 44.0302-2; SL 1972, ch 181; SL 1973, ch 195, § 12; SL 1982, ch 246, § 3; SL 1983, ch 244, § 5; SL 1988, ch 265; SL 1989, ch 274, § 1; SL 1990, ch 259; SL 1998, ch 198, § 2; SL 2001, ch 178, § 1; SL 2004, ch 217, § 1; SL 2006, ch 169, § 1.
32-23-10.1. Refusal to submit to chemical test or allow withdrawal of bodily substance admissible into evidence.
If a person refuses to submit to chemical analysis of 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 § 32-23-21, such refusal may be admissible into evidence at the trial.
Source: SL 1980, ch 230, § 1; SL 1989, ch 274, § 2; SL 1998, ch 198, § 3.
32-23-10.3. Serious bodily injury defined.
For purposes of § 32-23-10, serious bodily injury is such injury as is grave and not trivial, and gives rise to apprehension of danger to life, health, or limb.
Source: SL 2004, ch 217, § 2.