reglab/housing_qa huggingface dataset:
SD Codified L § 32-23-4 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 23 - Driving Under The Influence|Section 32-23-4 - Punishment for third offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege for certain purposes.

32-23-4. Punishment for third offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege for certain purposes.If conviction for a violation of §32-23-1 is for a third offense, the person is guilty of a Class 6 felony, and the court, in pronouncing sentence, shall order that the driver's license of any person so convicted be revoked for a period of not less than one year from the date sentence is imposed or one year from the date of initial release from imprisonment, whichever is later. In the event the person is returned to imprisonment prior to the completion of the period of driver's license revocation, time spent imprisoned does not count toward fulfilling the period of revocation. If the person is convicted of driving without a license during that period, he shall be sentenced to the county jail for not less than ten days, which sentence may not be suspended. Notwithstanding §23A-27-19, the court retains jurisdiction to modify the conditions of the license revocation for the term of such revocation. Upon the successful completion of a court-approved chemical dependency counseling program, and proof of financial responsibility pursuant to §32-35-113, the court may permit the person to operate a vehicle for the purposes of employment, 24/7 sobriety testing, attendance at school, or attendance at counseling programs. Source: SL 1953, ch 246, §1; SDC Supp 1960, §44.9922 (3); SL 1961, ch 240; SL 1971, ch 190; SL 1973, ch 195, §7; SL 1982, ch 247, §2; SL 1985, ch 263, §2; SL 1989, ch 273, §1; SL 2006, ch 168, §7; SL 2008, ch 161, §3, eff. Feb. 27, 2008.
SD Codified L § 32-23-4.1 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 23 - Driving Under The Influence|Section 32-23-4.1 - Calculation of number of offenses.

32-23-4.1. Calculation of number of offenses.Except as authorized under §32-23-4.9, no previous conviction for, or plea of guilty to, a violation of §32-23-1, 22-18-36, or 22-16-41 occurring more than ten years prior to the date of the violation being charged may be used to determine that the violation being charged is a second, third, or subsequent offense. Any period of time during which the defendant was incarcerated for a previous violation may not be included when calculating if the time period provided in this section has elapsed. Source: SDC Supp 1960, §44.03B23 (3) as enacted by SL 1963, ch 270; SDCL §32-12-48; SL 1973, ch 195, §4; SL 1983, ch 244, §2; SL 1999, ch 164, §1; SL 2001, ch 177, §1; SL 2010, ch 165, §1; SL 2013, ch 101, §64.
SD Codified L § 32-23-4.2 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 23 - Driving Under The Influence|Section 32-23-4.2 - Separate allegation of former conviction.

32-23-4.2. Separate allegation of former conviction.In any criminal case brought pursuant to the provisions of §32-23-3, 32-23-4, 32-23-4.6, or 32-23-4.7, whether brought by information or indictment, a separate supporting information shall allege, in addition to the principal offense charged, any former convictions. If the information is in two separate parts, each part shall be signed by the prosecutor. In the first part the particular offense with which the accused is charged shall be set out, and in the other part any former convictions shall be alleged. Source: SL 1979, ch 159, §4A; SL 1989, ch 273, §3; SL 1994, ch 261, §2; SL 2003, ch 172, §1; SL 2010, ch 166, §1.
SD Codified L § 32-23-4.3 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 23 - Driving Under The Influence|Section 32-23-4.3 - Plea and election of method of trial on driving under influence--Advice as to former conviction charge.

32-23-4.3. Plea and election of method of trial on driving under influence--Advice as to former conviction charge.The plea and election of method of trial by the accused shall be first taken only on the first part of the information described in §32-23-4.2 but before a plea is made the accused shall be informed by the judge, in absence of the jury, of the contents of the second part. There shall be entered in the minutes of the court the time and place when and where the judge so informed the accused, and like entry thereof shall be made in the judgment. Source: SL 1979, ch 159, §4B; SL 2006, ch 168, §8.
SD Codified L § 32-23-4.4 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 23 - Driving Under The Influence|Section 32-23-4.4 - Separate trial on charge of former conviction.

32-23-4.4. Separate trial on charge of former conviction.On a finding of guilty on the first part of the information described in §32-23-4.2 a plea shall be taken and, if necessary, an election made on the second part and a trial thereon proceeded with, and until such time no information as to the second part of the information may be divulged to the jury. If the accused elects a jury trial in the second part of the information, such trial may be had to the same or another jury as the court may direct. Source: SL 1979, ch 159, §4C; SL 2006, ch 168, §9.
SD Codified L § 32-23-4.5 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 23 - Driving Under The Influence|Section 32-23-4.5 - Convictions in other states considered.

32-23-4.5. Convictions in other states considered.Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be a violation of §32-23-1, 22-18-36, or 22-16-41 and occurring within ten years prior to the date of the violation being charged, shall be used to determine if the violation being charged is a second, third, or subsequent offense. Source: SL 1983, ch 244, §3; SL 2001, ch 177, §2; SL 2010, ch 165, §2.
SD Codified L § 32-23-4.6 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 23 - Driving Under The Influence|Section 32-23-4.6 - Punishment for fourth offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege for certain purposes.

32-23-4.6. Punishment for fourth offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege for certain purposes.If conviction for a violation of §32-23-1 is for a fourth offense, the person is guilty of a Class 5 felony, and the court, in pronouncing sentence, shall order that the driver's license of any person so convicted be revoked for a period of not less than two years from the date sentence is imposed or two years from the date of initial release from imprisonment, whichever is later. If the person is returned to imprisonment prior to the completion of the period of driver's license revocation, time spent imprisoned does not count toward fulfilling the period of revocation. If the person is convicted of driving without a license during that period, the person shall be sentenced to the county jail for not less than twenty days, which sentence may not be suspended. Notwithstanding §23A-27-19, the court retains jurisdiction to modify the conditions of the license revocation for the term of such revocation. Upon the successful completion of a court-approved chemical dependency counseling program, and proof of financial responsibility pursuant to §32-35-113, the court may permit the person to operate a vehicle for the purposes of employment, 24/7 sobriety testing, attendance at school, or attendance at counseling programs. Further, sentencing pursuant to this section includes the provisions of §23A-27-18. Source: SL 1989, ch 273, §2; SL 2005, ch 173, §2; SL 2006, ch 168, §10; SL 2008, ch 161, §4, eff. Feb. 27, 2008; SL 2011, ch 147, §1; SL 2013, ch 101, §65.
SD Codified L § 32-23-4.7 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 23 - Driving Under The Influence|Section 32-23-4.7 - Punishment for fifth or subsequent offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege for certain purposes.

32-23-4.7. Punishment for fifth or subsequent offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege for certain purposes.If conviction for violation of §32-23-1 is for a fifth offense, or subsequent offenses thereafter, the person is guilty of a Class 4 felony and the court, in pronouncing sentencing, shall order that the driver's license of any person so convicted be revoked for a period of not less than three years from the date sentence is imposed or three years from the date of initial release from imprisonment, whichever is later. In the event the person is returned to imprisonment prior to the completion of the period of driver's license revocation, time spent imprisoned does not count toward fulfilling the period of revocation. If the person is convicted of driving without a license during that period, the person shall be sentenced to the county jail for not less than twenty days, which sentence may not be suspended. Notwithstanding §23A-27-19, the court retains jurisdiction to modify the conditions of the license revocation for the term of such revocation. Upon the successful completion of a court-approved chemical dependency counseling program, and proof of financial responsibility pursuant to §32-35-113, the court may permit the person to operate a vehicle for the purposes of employment, 24/7 sobriety testing, attendance at school, or attendance at counseling programs. Source: SL 2005, ch 173, §1; SL 2006, ch 168, §11; SL 2008, ch 161, §5, eff. Feb. 27, 2008; SL 2011, ch 147, §2.
SD Codified L § 32-23-4.8 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 23 - Driving Under The Influence|Section 32-23-4.8 - Convictions under § 22-18-36 or 22-16-41 included in calculation of number of offenses.

32-23-4.8. Convictions under §22-18-36 or 22-16-41 included in calculation of number of offenses.For purposes of determining whether a conviction for a violation of §32-23-1 is for a second or subsequent offense, any conviction for a violation of §22-18-36 or 22-16-41 counts as a conviction of §32-23-1. Source: SL 2010, ch 165, §3.
SD Codified L § 32-23-4.9 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 23 - Driving Under The Influence|Section 32-23-4.9 - Punishment for sixth or subsequent offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege for certain purposes.

32-23-4.9. Punishment for sixth or subsequent offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege for certain purposes.If a conviction for a violation of §32-23-1 is for a sixth offense, or subsequent offense, and the person had at least five convictions of §32-23-1 occurring within twenty-five years of the violation being charged, and at least two of those prior convictions having occurred within ten years, the violation is an aggravated offense and the person is guilty of a Class 4 felony.The court, in pronouncing sentencing, shall order that the driver license of any person so convicted be revoked for a period of not less than three years from the date the sentence is imposed or three years from the date of initial release from imprisonment, whichever is later. If the person is returned to imprisonment prior to the completion of the period of driver license revocation, time spent imprisoned does not count toward fulfilling the period of revocation. If the person is convicted of driving without a license during that period, the person shall be sentenced to the county jail for not less than twenty days, which sentence may not be suspended. Notwithstanding §23A-27-19, the court retains jurisdiction to modify the conditions of the license revocation for the term of such revocation.Upon the person's successful completion of a court-approved chemical dependency counseling program and proof of financial responsibility pursuant to §32-35-113, the court may permit the person to operate a vehicle for the purposes of employment, 24/7 sobriety testing, attendance at school, or attendance at counseling programs.For each person convicted under this section and placed on probation, parole, or released from prison due to a suspended sentence, the person's supervision shall include at least one of the following: enrollment in an alcohol or drug accountability program, ignition interlock, breath alcohol interlock, an alcohol monitoring bracelet, or another enhanced monitoring tool. Supervision of the offender shall be overseen by the Unified Judicial System if the sentence does not include a term of imprisonment in the penitentiary or by the Department of Corrections if the sentence includes a term of imprisonment in the penitentiary. Any offender supervised pursuant to this section is not excluded from earned discharge credit as otherwise authorized by statute.If, during the period of supervision imposed under this section, the person being supervised violates conditions, the offender shall be penalized according to the graduated sanctions policy to be established by the Supreme Court or the Department of Corrections, respectively. Source: SL 2013, ch 101, §63; SL 2015, ch 170, §1.
SD Codified L § 32-23-4.10 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 23 - Driving Under The Influence|Section 32-23-4.10 - Costs payable to county--Nonpayment punishable by contempt.

32-23-4.10. Costs payable to county--Nonpayment punishable by contempt.In addition to any other penalty, assessment, or fine provided by law, the court shall order any person convicted of a crime for a violation of §32-23-1 to remit costs in the amount of fifty dollars to the clerk of courts. The clerk of courts shall forward any amount collected pursuant to this section to the county treasurer for deposit in the county general fund. Failure to remit the amount to the clerk of courts in the time specified by the court is punishable by contempt proceedings. Source: SL 2015, ch 171, §1.
SD Codified L § 32-23-6 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 23 - Driving Under The Influence|Section 32-23-6 - Lawful use of drugs no defense.

32-23-6. Lawful use of drugs no defense.The fact that any person charged with a violation of §32-23-1 is or has been prescribed a drug under the laws of this state is not a defense against any charge of violating §32-23-1. Source: SL 1949, ch 42, §§1, 2; SDC Supp 1960, §44.0302-1 (4); SL 1965, ch 191; SL 2006, ch 168, §12.
SD Codified L § 32-23-7 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 23 - Driving Under The Influence|Section 32-23-7 - Presumptions arising from chemical analysis of body fluids.

32-23-7. Presumptions arising from chemical analysis of body fluids.In any criminal prosecution for a violation of §32-23-1 relating to driving a vehicle while under the influence of an alcoholic beverage, a violation of §22-16-41, or a violation of §22-18-36, the amount of alcohol in the defendant's blood at the time alleged as shown by chemical analysis of the defendant's blood, breath, or other bodily substance gives rise to the following presumptions:(1)If there was at that time five hundredths percent or less by weight of alcohol in the defendant's blood, it is presumed that the defendant was not under the influence of an alcoholic beverage;(2)If there was at that time in excess of five hundredths percent but less than eight hundredths percent by weight of alcohol in the defendant's blood, such fact does not give rise to any presumption that the defendant was or was not under the influence of an alcoholic beverage, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant;(3)If there was at that time eight hundredths percent or more by weight of alcohol in the defendant's blood, it is presumed that the defendant was under the influence of an alcoholic beverage.Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per 1.0 cubic centimeter of whole blood or 2100 cubic centimeters of deep lung breath. Source: SL 1949, ch 42, §2; SDC Supp 1960, §44.0302-1; SL 1965, ch 191; SL 1971, ch 191, §1; SL 1971, ch 192, §1; SL 1982, ch 246, §2; SL 1983, ch 176, §2; SL 2000, ch 159, §1; SL 2002, ch 160, §2; SL 2006, ch 168, §13.
SD Codified L § 32-23-8 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 23 - Driving Under The Influence|Section 32-23-8 - Other evidence on being under the influence of alcoholic beverage.

32-23-8. Other evidence on being under the influence of alcoholic beverage.The provisions of §32-23-7 may not be construed as limiting the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of an alcoholic beverage. Source: SL 1949, ch 42, §2; SDC Supp 1960, §44.0302-1 (4); SL 1965, ch 191; SL 2006, ch 168, §14.
SD Codified L § 32-23-10 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 23 - Driving Under The Influence|Section 32-23-10 - Operation of vehicle as consent to withdrawal of bodily substances and chemical analysis--Submission to withdrawal or analysis following arrest.

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.
SD Codified L § 32-23-10.1 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 23 - Driving Under The Influence|Section 32-23-10.1 - Refusal to submit to chemical test or allow withdrawal of bodily substance admissible into evidence.

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.
SD Codified L § 32-23-10.3 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 23 - Driving Under The Influence|Section 32-23-10.3 - Serious bodily injury defined.

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.
SD Codified L § 32-23-11 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 23 - Driving Under The Influence|Section 32-23-11 - Request for hearing on revocation of license for refusal to submit to chemical analysis--Eligibility to drive for purpose of employment--Rules for restricted licenses.

32-23-11. Request for hearing on revocation of license for refusal to submit to chemical analysis--Eligibility to drive for purpose of employment--Rules for restricted licenses.Any person subject to license revocation for failure to submit to the withdrawal and chemical analysis pursuant to §32-23-18 who wants to contest the revocation, shall request a hearing, pursuant to chapter 1-26, within one hundred twenty days of arrest. If the secretary of public safety finds that the law enforcement officer complied with the law and the refusal was made by the person, the secretary shall revoke that person's license to drive and any nonresident operating privileges for one year. The secretary shall determine if the person is eligible to drive for the purpose of employment and may promulgate rules, pursuant to chapter 1-26, for determining that eligibility.The secretary of public safety may promulgate rules for restricted licenses as follows:(1)Eligibility;(2)Application;(3)Determination;(4)Limitations; and(5)Grounds for revocation. Source: SL 1959, ch 264, §1; SDC Supp 1960, §44.0302-2; SL 1973, ch 195, §13; SL 1976, ch 199; SL 1980, ch 230, §3; SL 1982, ch 18, §28; SL 1982, ch 248, §1; SL 1986, ch 22, §7; SL 1989, ch 274, §3; SL 1995, ch 183, §1; SL 1996, ch 206; SL 2003, ch 272 (Ex. Ord. 03-1), §108, eff. Apr. 17, 2003; SL 2019, ch 136, §1.
SD Codified L § 32-23-11.1 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 23 - Driving Under The Influence|Section 32-23-11.1 - License of driver under age twenty-one who pleads guilty not subject to revocation.

32-23-11.1. License of driver under age twenty-one who pleads guilty not subject to revocation.A person's license to drive is not subject to revocation as provided in §32-23-18 if that person pleads guilty to violating §32-23-21 before a revocation order is issued. Source: SL 1982, ch 248, §2; SL 1992, ch 225; SL 1992, ch 226, §4; SL 1993, ch 236, §1; SL 1993, ch 237, §2; SL 1997, ch 189, §3; SL 2016, ch 165, §1.
SD Codified L § 32-23-13 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 23 - Driving Under The Influence|Section 32-23-13 - Failure to invoke refusal procedure as permission to make chemical analysis.

32-23-13. Failure to invoke refusal procedure as permission to make chemical analysis.If any operator of a motor vehicle in this state who has been requested to submit to a chemical test fails to invoke the provision in §32-23-11 which permits him to refuse to submit to a test, then the failure to invoke the provision permitting a refusal to submit to a test shall constitute consent and authority to administer a test notwithstanding the age of the operator of the motor vehicle. Source: SL 1959, ch 264, §5; SDC Supp 1960, §44.0302-2; SL 1971, ch 193, §1; SL 1982, ch 246, §4.