Changes to Existing Law

Driving or control of vehicle prohibited with alcohol in blood or while under influence of alcohol, drug, or intoxicant. 32-23-1. No person may drive or be in actual physical control of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in that the person's blood at the time, or as measured within two hours of the time, of driving or being in actual physical control of the vehicle, as shown by chemical analysis of that the person's breath, blood, or other bodily substance; (2) Under the influence of an alcoholic beverage, marijuana, or any controlled drug or substance not obtained pursuant to a valid prescription, or any combination of an alcoholic beverage, marijuana, or such controlled drug or substance; (3) Under the influence of any controlled drug or substance obtained pursuant to a valid prescription, or any other substance, to a degree which that renders the person incapable of safely driving; (4) Under the combined influence of an alcoholic beverage and or any controlled drug or substance obtained pursuant to a valid prescription, or any other substance, to a degree which renders the person incapable of safely driving; or (5) Under the influence of any substance ingested, inhaled, or otherwise taken into the body as prohibited by § 22-42-15. 2

32-23-21. It is a Class 2 misdemeanor for any person under the age of twenty-one twenty-25 one to drive, operate, or be in actual physical control of any vehicle: (1) If there is physical evidence of 0.02 percent or more by weight of alcohol in the person's blood at the time, or as measured within two hours of the time, of the driving, operating, or being in actual physical control of the vehicle, as shown by a chemical analysis of the person's breath, blood, or other bodily substance; or (2) After having consumed marijuana or any controlled drug or substance, other than 31 a controlled drug or substance lawfully prescribed for the person, for as long as 32 physical evidence of the consumption remains present in the person's body. 33 If a person is found guilty of or adjudicated for a violation of this section, the Unified Judicial System shall must notify the Department of Public Safety. Upon conviction or adjudication, the court shall must suspend that person's driver's license or operating privilege for a period of thirty days for a first offense, one hundred eighty days for a second offense, and one year for any third or subsequent offense. The court may, upon proof of financial responsibility under § 32-35-43.1, issue an order permitting the person to operate a vehicle for purposes of the person's employment, attendance at school, or attendance at any counseling program. 8

Presumptions arising from chemical analysis of body fluids. 32-23-7. In any criminal prosecution for a violation of § 32-23-1 relating to driving a vehicle while under the influence of an alcoholic beverage, a violation of § 22-16-41, or a violation of § 22-18-36, the amount of alcohol in the defendant's blood at the time alleged alleged, as shown by chemical analysis of the defendant's blood, breath, or other bodily substance substance, gives rise to the following presumptions: (1) If there was was, at that time time, five hundredths percent or less by weight of alcohol in the defendant's blood, it is presumed that the defendant was not under the influence of an alcoholic beverage; (2) If there was was, at that time time, in excess of five hundredths percent but less than eight hundredths percent by weight of alcohol in the defendant's blood, such fact does not give rise to any there is no presumption that the defendant was or was not under the influence of an alcoholic beverage, but such the fact may be considered with other competent evidence in determining the guilt or innocence of the defendant; or (3) If there was was, at that time time, or as measured within two hours of that time, eight hundredths percent or more by weight of alcohol in the defendant's blood, it is presumed that the defendant was under the influence of an alcoholic beverage. Percent by weight of alcohol in the blood shall be is based upon milligrams of alcohol per 1.0 cubic centimeter of whole blood blood, or 2100 cubic centimeters of deep lung breath. 23

Operation of boat under influence of alcohol or drugs as misdemeanor. 42-8-45. No person may operate a boat boat, as defined in subdivisions subdivision 42-8-2(2B), (3), (5A), or (6) while underway underway, on the public waters of the state state, while: (1) There is 0.08 percent or more by weight of alcohol in that the person's blood at the time, or as measured within two hours of the time, of operating the boat, as shown by chemical analysis of that the person's breath, blood, or other bodily substance; (2) Under the influence of an alcoholic beverage, marijuana, or any controlled drug or substance not obtained pursuant to a valid prescription, or any combination of an alcoholic beverage, marijuana, or such controlled drug or substance; (3) Under the influence of any controlled drug or substance obtained pursuant to a valid prescription, or any other substance, to a degree which renders the person incapable of safely driving or operating such boat; (4) Under the combined influence of an alcoholic beverage and any controlled drug or substance obtained pursuant to a valid prescription, or any other substance, to a degree which renders the person incapable of safely driving or operating such boat; or (5) Under the influence of any substance ingested, inhaled, or otherwise taken into the body as prohibited by § 22-42-15. Any A violation of this section is a Class 1 misdemeanor. 28

42-8-45.4. In any criminal prosecution for a violation of § 42-8-45, the amount of alcohol in the defendant's blood at the time alleged alleged, as shown by chemical analysis of 31 the defendant's blood, breath, or other bodily substance substance, gives rise to the following 32 presumptions: 33 (1) If there was was, at that time time, five hundredths percent or less by weight of alcohol in the defendant's blood, a presumption arises that the defendant was not under the influence of an alcoholic beverage; (2) If there was was, at that time time, in excess of five hundredths percent but less than eight hundredths percent by weight of alcohol in the defendant's blood, such fact does not give rise to any there is no presumption that the defendant was or was not under the influence of an alcoholic beverage, but such the fact may be considered with other competent evidence in determining the guilt or innocence of the defendant; and (3) If there was was, at that time time, or as measured within two hours of that time, eight hundredths percent or more by weight of alcohol in the defendant's blood, a presumption arises that the defendant was under the influence of an alcoholic beverage. Percent by weight of alcohol in the blood is based upon milligrams of alcohol per 1.0 cubic centimeter of whole blood blood, or 2100 cubic centimeters of deep lung breath. 15

Operation of aircraft while intoxicated as misdemeanor. 50-13-17. It is a Class 1 misdemeanor for any person who is under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug to operate an aircraft in the air or on the ground or water. No person may operate an aircraft in the air or, on the ground, or on the ground or water who has while: (1) There is 0.04 percent or more, by weight, of alcohol in that the person's blood. Source: SDC 1939, § 2.9903 blood at the time, or as enacted measured within two hours of the time, of operating the aircraft, as shown by SL 1947, ch 3; SL 1983, ch 15, § 210; SL 2014, ch 222, § 116. chemical analysis of the person's breath, blood, or other bodily substance; or (2) Under the influence of an alcoholic beverage, marijuana, or any controlled drug or substance not obtained pursuant to a valid prescription, or any combination of an alcoholic beverage, marijuana, or controlled drug or substance. A violation of this section is a Class misdemeanor. 28