32-12A-36. Persons disqualified from driving commercial motor vehicle for period of not less than one year or not less than three years. Any person is disqualified from driving a commercial motor vehicle for a period of not less than one year:
(1) If convicted of a first violation of driving or being in actual physical control of a commercial or noncommercial motor vehicle while under the influence of alcohol, or any controlled drug or substance, in violation of § 32-23-1;
(2) If convicted of a first violation of driving or being in actual physical control of a commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in that person's blood as shown by chemical analysis of that person's breath, blood, or other bodily substance, in violation of § 32-12A-44;
(3) If convicted of a first violation of leaving the scene of an accident while operating a commercial or noncommercial motor vehicle, in violation of § 32-34-5 or 32-34-6;
(4) If convicted of a first violation of using a commercial or noncommercial motor vehicle in the commission of any felony other than a felony described in § 32-12A-38; or
(5) For refusing to submit to a chemical analysis for purposes of determining the amount of alcohol or drugs in that person's blood or other bodily substance while driving a commercial or noncommercial motor vehicle in violation of § 32-12A-43 or 32-12A-46;
(6) If convicted of a first violation of operating a commercial motor vehicle while the person's commercial driver license is revoked, suspended, or canceled or the person is disqualified from operating a commercial motor vehicle in violation of § 32-12A-8. The department may not issue a new license until one year from the date the person would otherwise have been entitled to apply for a new license; or
(7) If convicted of a first violation of causing a fatality through the negligent operation of a commercial motor vehicle.
If any of these violations or refusal occurred while transporting hazardous material required to be placarded, the person is disqualified for a period of not less than three years.
Source: SL 1989, ch 267, § 23; SL 1991, ch 252, § 11; SL 1992, ch 220, § 6; SL 1995, ch 181; SDCL § 32-12-104; SL 2001, ch 171, §§ 95, 115; SL 2004, ch 213, § 4; SL 2005, ch 167, § 19; SL 2016, ch 166, § 2; SL 2019, ch 133, § 1.
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