Section 42-8-45.6 - Operation of boat on public waters as consent to be tested--Refusal to be tested. - South Dakota Statutes

42-8-45.6. Operation of boat on public waters as consent to be tested--Refusal to be tested. Any person who operates a boat while underway on the public waters of the state in this state is considered to have consented to the withdrawal of blood or other bodily substance and chemical analysis of such blood, breath, or other bodily substance to determine the amount of alcohol in such blood and to determine the presence of marijuana or any controlled drug or substance.
The person, operating a boat underway which has been involved in a collision or an accident resulting in bodily injury or death to any person or property damage to a boat or other property to an apparent extent of one thousand dollars or more to any one person's property or two thousand dollars or more in any one accident, shall submit to the withdrawal of blood or other bodily substance for chemical analysis or chemical analysis of the person's breath. The officer shall advise the person of the right to have an additional chemical analysis performed by a technician of his or her own choosing at his or her own expense.
Any other person, operating a boat underway which has not been involved in a collision or an accident resulting in bodily injury or death to any person or property damage to a boat or other property to an apparent extent of one thousand dollars or more to any one person's property or two thousand dollars or more in any one accident, shall be requested by the officer to submit to the withdrawal of blood or other bodily substance for chemical analysis or chemical analysis of his or her breath. The officer shall advise the person that:
(1) If he or she refuses to submit to the withdrawal or chemical analysis, no withdrawal or chemical analysis may be required;
(2) Such refusal is admissible into evidence at trial; and
(3) That he or she has the right to have an additional chemical analysis performed by a technician of his or her own choosing at his or her own expense.
If such person refuses to submit to chemical analysis of his or her blood, urine, breath, or other bodily substance, or allow the withdrawal of blood or other bodily substance for chemical analysis as provided in this section, and that person subsequently stands trial for violation of § 42-8-45, such refusal is admissible into evidence at the trial.

Source: SL 1992, ch 306, § 8; SL 2003, ch 168, § 3.