Implied Consent: It is the Law?

Whenever you are drinking alcohol, whether sipping wine at a dinner party in Sioux Falls, or drinking beers and sight-seeing at Mt. Rushmore, having a designated driver is the best way to avoid a run-in with South Dakota law enforcement. In South Dakota, it is a crime to drive a motor vehicle if you are under the influence of alcohol (DUI) or have a blood alcohol concentration of 0.08 percent or more. It is also a crime to drive while taking illegal or prescription drugs if it is impacting your ability to safely operate your car or motorcycle.

If you do find yourself arrested and charged with a DUI in the “Mount Rushmore State,” FindLaw has compiled some important information to assist you with your case.

Implied Consent: It is the Law 

If you’ve been pulled over by a police officer, and he or she suspects you of being impaired by drugs or alcohol, you will be asked to perform some simple roadside tests to determine if you are physically impaired by intoxicating substances. These field sobriety tests (FST), are done at the scene of the traffic stop. Once the field sobriety tests are complete, the officer may require you to take a blood or breath test to determine your actual level of intoxication.

Known as “implied consent,” you are required to submit to this chemical test in South Dakota if an officer asks. If you choose not to take it, your driver’s license will be suspended by the Department of Motor Vehicles (DMV) for a period of time. And, in case you were wondering, an officer can still arrest you for a DUI without the chemical results if he or she believes you were still intoxicate based on your driving pattern, performance on the FSTs, and other factors.

Read the full story at Find Law.