Section 32-23-2.1 - Evaluation of certain persons found guilty of driving while intoxicated--Costs.
32-23-2.1. Evaluation of certain persons found guilty of driving while intoxicated--Costs. Any person convicted of a first offense pursuant to § 32-23-1 with a 0.17 percent or more by weight of alcohol in the person's blood shall, in addition to the penalties provided in § 32-23-2, be required to undergo a court-ordered evaluation by a chemical dependency counselor as defined in § 34-20A-2 or a licensed or certified health care professional with specialized training in chemical dependency evaluation to determine if the defendant is chemically dependent. The cost of such evaluation shall be paid by the defendant. The recommendations of the evaluation shall be provided to the referring judge.
Source: SL 1991, ch 262; SDCL § 32-33-23; SL 2006, ch 168, § 5; SL 2007, ch 184, § 1.