Any driver of a vehicle who, after failing or refusing to bring a vehicle to a stop pursuant to § 32-33-18 , flees from the law enforcement officer or attempts to elude the pursuit of the law enforcement officer is guilty of third degree eluding. Third degree eluding is a Class 1 misdemeanor. In addition, the court may order that the defendant's driver's license be revoked for up to one year, but may issue an order, upon proof of financial responsibility pursuant to § 32-35-43.1 , allowing the defendant to operate a vehicle for purposes of the defendant's employment, attendance at school, or counseling programs.
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