DUI State Law · South Dakota
South Dakota Roadside Saliva (Oral Fluid) DUI Testing Law
How South Dakota treats oral fluid (saliva) testing in DUI enforcement — the statute, its current status, and what that means for agencies running roadside drug screening.
Status: Authorized · Law Exists, Deployment Varies
Statute and status in South Dakota
Statute / authority: SDCL § 32-23-10 — Responsibility.org: voluntary law
Authorized under broad bodily fluid language but Responsibility.org specifically flags SD as a "voluntary law" state — oral fluid permitted but not mandated under implied consent. Agency-level discretion.
What this means for agencies in South Dakota
South Dakota's statute is broad enough to permit oral fluid, but there is no statewide program, so adoption sits with individual agencies and prosecutors. Agencies piloting saliva screening here should pair every roadside result with a preserved specimen and documented chain of custody, so a case never rests on the screen alone.
Every state at a glance
The same dataset behind the DUI map, one page per state.
- Alabama — Verified
- Alaska — Authorized
- Arizona — Authorized
- Arkansas — Authorized
- California — Authorized
- Colorado — Limited / Voluntary Only
- Connecticut — Authorized
- Delaware — Limited / Voluntary Only
- Florida — Limited / Voluntary Only
- Georgia — Authorized
- Hawaii — No Oral Fluid Provision
- Idaho — Limited / Voluntary Only
- Illinois — Authorized
- Indiana — Verified
- Iowa — Limited / Voluntary Only
- Kansas — Authorized
- Kentucky — Authorized
- Louisiana — Authorized
- Maine — No Oral Fluid Provision
- Maryland — Authorized
- Massachusetts — Limited / Voluntary Only
- Michigan — Limited / Voluntary Only
- Minnesota — Verified
- Mississippi — Authorized
- Missouri — Verified
- Montana — Verified
- Nebraska — Authorized
- Nevada — Authorized
- New Hampshire — Limited / Voluntary Only
- New Jersey — Limited / Voluntary Only
- New Mexico — Limited / Voluntary Only
- New York — Authorized
- North Carolina — Limited / Voluntary Only
- North Dakota — Authorized
- Ohio — Verified
- Oklahoma — Verified
- Oregon — Limited / Voluntary Only
- Pennsylvania — Authorized
- Rhode Island — Limited / Voluntary Only
- South Carolina — Limited / Voluntary Only
- South Dakota — Authorized
- Tennessee — Verified
- Texas — Limited / Voluntary Only
- Utah — Verified
- Vermont — No Oral Fluid Provision
- Virginia — Authorized
- Washington — Limited / Voluntary Only
- West Virginia — Limited / Voluntary Only
- Wisconsin — Authorized
- Wyoming — Authorized