South Dakota · DUI · Checked October 2026

Refusing a Breath or Blood Test in South Dakota

Refusing a Breath or Blood Test in South Dakota: What Are the Rules?

What happens if you refuse a breath or blood test in South Dakota.

Refusal penalty
For adults, a refusal may be admitted as evidence at a DUI trial; officers may require a blood draw after a DUI arrest. A driver under 21 arrested for underage drinking and driving who refuses faces a 1-year license revocation by the Department of Public Safety
License suspension for refusing
1 year, for drivers under 21 arrested under SDCL 32-23-21 who refuse chemical analysis; a hearing must be requested within 120 days of arrest

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Refusal Penalties in South Dakota

For adults, a refusal may be admitted as evidence at a DUI trial; officers may require a blood draw after a DUI arrest. A driver under 21 arrested for underage drinking and driving who refuses faces a 1-year license revocation by the Department of Public Safety.S.D. Codified Laws §§ 32-23-10, 32-23-10.1, 32-23-18

Official source: refusal penalties (South Dakota)

License Suspension for Refusing in South Dakota

1 year, for drivers under 21 arrested under SDCL 32-23-21 who refuse chemical analysis; a hearing must be requested within 120 days of arrestS.D. Codified Laws §§ 32-23-11, 32-23-18, 32-23-19

Official source: license suspension for refusing (South Dakota)

More on DUI Law in South Dakota

See the full overview of DUI laws in South Dakota and read about implied consent laws in every state.

This page summarizes South Dakota law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in South Dakota can advise on your case.

Frequently Asked Questions

What Happens if You Refuse a Breath Test in South Dakota?

For adults, a refusal may be admitted as evidence at a DUI trial; officers may require a blood draw after a DUI arrest. A driver under 21 arrested for underage drinking and driving who refuses faces a 1-year license revocation by the Department of Public Safety.

How Long Is the Suspension for Refusing?

1 year, for drivers under 21 arrested under SDCL 32-23-21 who refuse chemical analysis; a hearing must be requested within 120 days of arrest

Sources

  1. Implied consent: S.D. Codified Laws §§ 32-23-10, 32-23-10.1, 32-23-18
  2. License suspension and hearing: S.D. Codified Laws §§ 32-23-11, 32-23-18, 32-23-19

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.