Any driver of a vehicle who, after failing or refusing to bring a vehicle to a stop pursuant to § 32-33-18, flees from the law enforcement officer or attempts to elude the pursuit of the law enforcement officer is guilty of eluding. Eluding is a Class 1 misdemeanor. In addition, the court may order that the defendant‘s driver’s license be revoked for up to one year, but may issue an order, upon proof of financial responsibility pursuant to § 32-35-43.1, allowing the defendant to operate a vehicle for purposes of the defendant’s employment, attendance at school, or counseling programs.

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 1 misdemeanorup to 1 yearup to $2,00
For details, see § 22-6-2

Terms Used In South Dakota Codified Laws 32-33-18.1

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Source: SL 2006, ch 171, § 2.