Chapter 23 - DRIVING UNDER THE INFLUENCE

Section 32-23-NEW - [Newly enacted section not yet numbered] [Effective 7/1/2024]
Section 32-23-1 - Driving or control of vehicle prohibited with alcohol in blood or while under influence of alcohol, drug, or intoxicant
Section 32-23-1.1 - Arrest without warrant on probable cause after accident
Section 32-23-1.2 - Submission to breath test required by officer-Chemical test after positive breath test
Section 32-23-1.3 - Arrested person to be charged-Requirements for reduction or dismissal
Section 32-23-2 - [Effective Until 7/1/2024] Punishment for prohibited driving-First offense
Section 32-23-2 - [Effective 7/1/2024] Punishment for prohibited driving-First offense
Section 32-23-2.1 - Evaluation of certain persons convicted of first offense driving while intoxicated-Costs
Section 32-23-3 - [Effective Until 7/1/2024] Punishment for second offense-Revocation of driving privilege-Jail sentence for driving while privilege revoked-Limited driving privilege for certain purposes
Section 32-23-3 - [Effective 7/1/2024] Punishment for second offense-Revocation of driving privilege-Jail sentence for driving while privilege revoked-Limited driving privilege for certain purposes
Section 32-23-4 - [Effective Until 7/1/2024] Punishment for third offense-Revocation of driving privilege-Jail sentence for driving while privilege revoked-Limited driving privilege for certain purposes
Section 32-23-4 - [Effective 7/1/2024] Punishment for third offense-Revocation of driving privilege-Jail sentence for driving while privilege revoked-Limited driving privilege for certain purposes
Section 32-23-4.1 - Calculation of number of offenses
Section 32-23-4.2 - Separate allegation of former conviction
Section 32-23-4.3 - Plea and election of method of trial on driving under influence-Advice as to former conviction charge
Section 32-23-4.4 - Separate trial on charge of former conviction
Section 32-23-4.5 - Convictions in other states considered
Section 32-23-4.6 - [Effective Until 7/1/2024] Punishment for fourth offense-Revocation of driving privilege-Jail sentence for driving while privilege revoked-Limited driving privilege for certain purposes-Mandatory sentence
Section 32-23-4.6 - [Effective 7/1/2024] Punishment for fourth offense-Revocation of driving privilege-Jail sentence for driving while privilege revoked-Limited driving privilege for certain purposes-Mandatory sentence
Section 32-23-4.7 - [Effective Until 7/1/2024] Punishment for fifth or subsequent offense-Revocation of driving privilege-Jail sentence for driving while privilege revoked-Limited driving privilege for certain purposes-Mandatory sentence
Section 32-23-4.7 - [Effective 7/1/2024] Punishment for fifth or subsequent offense-Revocation of driving privilege-Jail sentence for driving while privilege revoked-Limited driving privilege for certain purposes-Mandatory sentence
Section 32-23-4.8 - Convictions under section 22-18-36 or 22-16-41 included in calculation of number of offenses
Section 32-23-4.9 - [Effective Until 7/1/2024] Punishment for sixth or subsequent offense-Revocation of driving privilege-Jail sentence for driving while privilege revoked-Limited driving privilege for certain purposes-Mandatory sentence
Section 32-23-4.9 - [Effective 7/1/2024] Punishment for sixth or subsequent offense-Revocation of driving privilege-Jail sentence for driving while privilege revoked-Limited driving privilege for certain purposes-Mandatory sentence
Section 32-23-4.10 - Costs payable to county-Nonpayment punishable by contempt
Section 32-23-5 - [Repealed]
Section 32-23-6 - Lawful use of drugs no defense
Section 32-23-7 - Presumptions arising from chemical analysis of body fluids
Section 32-23-8 - Other evidence on being under the influence of alcoholic beverage
Section 32-23-9 - [Repealed]
Section 32-23-10 - Operation of vehicle as consent to withdrawal of bodily substances and chemical analysis-Submission to withdrawal or analysis following arrest
Section 32-23-10.1 - Refusal to submit to chemical test or allow withdrawal of bodily substance admissible into evidence
Section 32-23-10.2 - [Repealed]
Section 32-23-10.3 - Serious bodily injury defined
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
Section 32-23-11.1 - License of driver under age twenty-one who pleads guilty not subject to revocation
Section 32-23-12 - [Repealed]
Section 32-23-12.1 - [Repealed]
Section 32-23-13 - Failure to invoke refusal procedure as permission to make chemical analysis
Section 32-23-14 - Persons authorized to withdraw blood to determine alcohol content-Liability
Section 32-23-14.1 - Requirements for validity of withdrawal or test-Director of laboratories to approve methods and issue permits
Section 32-23-15 - Right to have technician of own choosing make separate test
Section 32-23-16 - Results of analysis available to accused or attorney
Section 32-23-17 - Withdrawal, chemical test, and witness fees and expenses taxed as costs
Section 32-23-18 - Revocation of license of driver under age twenty-one for refusal to submit to chemical analysis
Section 32-23-19 - Law enforcement officer to serve notice of intent to revoke-License confiscated-Notice as temporary license
Section 32-23-20 - Revocation of nonresident driving privileges
Section 32-23-21 - Driver under age of twenty-one operating vehicle after alcohol or drug consumption-Misdemeanor-Suspension of license-Restricted driving privilege
Section 32-23-22 - Chapter not applicable to person riding animal or foot-pedal conveyance
Section 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