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 an addiction counselor licensed or certified by the Board of Addiction and Prevention Professionals pursuant to § 36-34-13.1 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.

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Terms Used In South Dakota Codified Laws 32-23-2.1

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

Source: SL 1991, ch 262; SDCL § 32-33-23; SL 2006, ch 168, § 5; SL 2007, ch 184, § 1; SL 2016, ch 15, § 23.