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.
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/sd/title-32/chapter-32-23/32-23-23·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any driving permit issued by the court to any person, who has been convicted of a violation of § 32-23-1 shall be conditioned on the person's total abstinence from the use of alcohol, the person's participation in the 24/7 sobriety program created by §§ 1-11-17 to 1-11-25 , inclusive, in those counties where 24/7 sobriety testing is available, the payment of associated costs and expenses and the person meeting one of the following conditions:
(1)The person had a previous conviction for a violation of § 32-23-1 within the last ten years; or
(2)That the person had a 0.17 percent or more by weight of alcohol in that person's blood at the time the violation occurred.
The court shall immediately revoke the permit upon a showing of proof by a preponderance of the evidence that the person has violated this condition.