S.D. Codified Laws § 32-23-11

Current through the 2024 Legislative Session

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

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.

SDCL 32-23-11

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.

Amended by S.L. 2019, ch. 136,s. 1, eff. 7/1/2019.