Section 32-12A-46 - Consent to blood alcohol level or drug presence test--Consequences of refusal.
32-12A-46. Consent to blood alcohol level or drug presence test--Consequences of refusal. Any person who operates any commercial 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 the commercial motor vehicle driver has probable cause to believe that the driver was driving or in actual physical control of a commercial 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 the person shall be immediately placed out of service for a period of twenty-four hours and be 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.
Source: SL 1989, ch 267, § 25; SDCL § 32-12-111; SL 2001, ch 171, §§ 100, 115.