South Dakota Codified Laws 32-23-23. Driving permit issued to certain persons conditioned on abstinence from alcohol use and participation in 24/7 sobriety program–Revocation for violation of condition
Any driving permit issued by the court to any person, who has been convicted of a violation of § 32-23-1 shall be conditioned on the person’s total abstinence from the use of alcohol, the person’s participation in the 24/7 sobriety program created by §§ 1-11-17 to 1-11-25, inclusive, in those counties where 24/7 sobriety testing is available, the payment of associated costs and expenses and the person meeting one of the following conditions:
(1) The person had a previous conviction for a violation of § 32-23-1 within the last ten years; or
Terms Used In South Dakota Codified Laws 32-23-23
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(2) That the person had a 0.17 percent or more by weight of alcohol in that person’s blood at the time the violation occurred.
The court shall immediately revoke the permit upon a showing of proof by a preponderance of the evidence that the person has violated this condition.
Source: SL 2006, ch 168, § 15; SL 2007, ch 4, § 12; SL 2011, ch 4, § 1.