Section 19-13-28.1 - Motorist's refusal to submit to chemical test of intoxication admissible--Privilegeagainst self-incrimination may not be claimed. - South-dakota Statutes

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19-13-28.1. Motorist's refusal to submit to chemical test of intoxication admissible--Privilege against self-incrimination may not be claimed. Notwithstanding the provisions of § 19-13-28, when a person stands trial for driving while under the influence of alcohol or drugs, as provided under § 32-23-1, and that person has refused chemical analysis, as provided in § 32-23-10, such refusal is admissible into evidence. Such person may not claim privilege against self-incrimination with regard to admission of refusal to submit to chemical analysis.

Source: SL 1980, ch 230, § 2.

State Codes and Statutes

Statutes > South-dakota > Title-19 > Chapter-13 > Statute-19-13-28-1

19-13-28.1. Motorist's refusal to submit to chemical test of intoxication admissible--Privilege against self-incrimination may not be claimed. Notwithstanding the provisions of § 19-13-28, when a person stands trial for driving while under the influence of alcohol or drugs, as provided under § 32-23-1, and that person has refused chemical analysis, as provided in § 32-23-10, such refusal is admissible into evidence. Such person may not claim privilege against self-incrimination with regard to admission of refusal to submit to chemical analysis.

Source: SL 1980, ch 230, § 2.

State Codes and Statutes

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State Codes and Statutes

Statutes > South-dakota > Title-19 > Chapter-13 > Statute-19-13-28-1

19-13-28.1. Motorist's refusal to submit to chemical test of intoxication admissible--Privilege against self-incrimination may not be claimed. Notwithstanding the provisions of § 19-13-28, when a person stands trial for driving while under the influence of alcohol or drugs, as provided under § 32-23-1, and that person has refused chemical analysis, as provided in § 32-23-10, such refusal is admissible into evidence. Such person may not claim privilege against self-incrimination with regard to admission of refusal to submit to chemical analysis.

Source: SL 1980, ch 230, § 2.