CHAPTER 217

(HB 1275)

Mandatory drug and alcohol testing when there is an accident
involving serious bodily injury.


         ENTITLED, An Act to  require chemical tests of drivers involved in accidents resulting in serious bodily injury.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 32-23-10 be amended to read as follows:

     32-23-10.   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.

     The person shall be requested by the officer to submit to the withdrawal of blood or other bodily substance for chemical analysis or chemical analysis of the person's breath and shall be advised by the officer that:

             (1)      If the person refuses to submit to the withdrawal or chemical analysis, no withdrawal or chemical analysis may be required unless the person has been arrested for a third, fourth, or subsequent violation of §   32-23-1, constituting a felony offense under §   32-23-4 or 32-23-4.6 or ; has been arrested for vehicular homicide under §   22-16-41 or vehicular battery under §   22-16-42 ; or has been involved in an accident resulting in death or serious bodily injury of another person ;

             (2)      If the person refuses to submit to the withdrawal or chemical analysis, the person's driver's license shall be revoked for one year, unless pursuant to §   32-23-11.1 the person pleads guilty to a violation of §   32-23-1 or 32-23-21, prior to a revocation order being issued; and

             (3)      The person has the right to have a chemical analysis performed by a technician of the person's own choosing at the person's own expense, in addition to the test requested by the officer.

     Section  2.  That chapter 32-23 be amended by adding thereto a NEW SECTION to read as follows:

     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.

     Signed March 9, 2004.
_______________