South Dakota Implied-Consent Refusal Hearing Request
SOUTH DAKOTA IMPLIED-CONSENT REFUSAL HEARING REQUEST
Before you use this: SDCL § 32-23-11 requires a person contesting a license revocation for refusing the chemical analysis described there to request a hearing within 120 days of arrest. Check the notice for the correct recipient and delivery instructions, and send this request in time to meet that statutory period. Keep proof of delivery.
To: Secretary of Public Safety, South Dakota Department of Public Safety
Delivery address or channel shown on notice: [________________________________]
From: [FULL LEGAL NAME]
Mailing address: [________________________________]
Phone and email: [________________________________]
Driver license or customer number: [________________________________]
Notice or case number: [________________________________]
Date of arrest: [__/__/____]
Date of agency notice, if any: [__/__/____]
Request for hearing
I request a hearing under SDCL § 32-23-11 and chapter 1-26 to contest the proposed revocation of my driving privileges for an alleged failure to submit to chemical analysis following the arrest identified above.
I received [DESCRIBE THE AGENCY NOTICE OR OFFICER DOCUMENT] on [__/__/____]. I ask the Department to send the hearing notice and case communications to the mailing address and email listed above.
Grounds to be decided
I dispute the proposed revocation on the following grounds, to the extent supported by the evidence:
☐ The officer did not comply with the applicable law. Facts: [________________________________]
☐ I did not refuse the requested analysis. Facts: [________________________________]
Additional facts relevant to the officer's compliance or the alleged refusal: [________________________________]
Documents or witnesses supporting the stated grounds: [________________________________]
I request an opportunity to present the relevant evidence at the hearing. I ask the Secretary to determine whether the legal conditions for revocation under SDCL § 32-23-11 are met and to decline the revocation if they are not.
Date: [__/__/____]
Signature: [________________________________]
Printed name: [________________________________]
Delivery record
I sent this request to the recipient identified in my notice by [METHOD] on [__/__/____]. Delivery or receipt reference: [________________________________]
Official source
About this template
- Last updated
- November 1, 2026
- Citations checked
- November 1, 2026
- Jurisdiction
- South Dakota
- Category
- Criminal Law
Legal authority
- SDCL § 32-23-11
Criminal law paperwork covers every stage of a criminal case, from the first appearance and bail motion through pretrial motions, plea agreements, sentencing, and appeals. Deadlines in criminal cases are short and often unforgiving, and constitutional rights can be waived just by missing a filing. Using the right motion at the right time can mean the difference between evidence getting suppressed, charges getting reduced, or a case getting dismissed entirely.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on November 1, 2026.
SDCL § 32-23-11, request and deadline (checked November 1, 2026): "Any person subject to license revocation for failure to submit to the withdrawal and chemical analysis pursuant to § 32-23-18 who wants to contest the revocation, shall request a hearing, pursuant to chapter 1-26, within one hundred twenty days of arrest."
SDCL § 32-23-11, hearing determination (checked November 1, 2026): "If the secretary of public safety finds that the law enforcement officer complied with the law and the refusal was made by the person, the secretary shall revoke that person's license to drive and any nonresident operating privileges for one year."
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