SUMMARY OF SOUTH DAKOTA DUI STATUTES
I. SDCL 32-23-1.
A. Prohibition Against Driving While Intoxicated.
1. SDCL 32-23-1.
a. Prohibits driving or being in actual physical control of vehicle while alcohol is present in the blood or while under the influence of alcohol, marijuana, drugs or controlled substances.
1. SDCL 32-3-1(11).
a. This statute defines all vehicles which are propelled by power other than muscular power.
C. Covered Locations.
1. Anywhere in South Dakota whether or not on a public highway or in Farmer Brown’s south 40.
D. Under the Influence Offenses.
1. SDCL 32-23-1(1).
a. When there is 0.08 percent or more by weight of alcohol in the persons blood.
b. Under the influence of alcohol.
c. Under the influence of marijuana or any controlled drug or substance.
d. Under the combined influence of alcohol and marijuana or any controlled drug or substance.
E. Zero Tolerance.
1. SDCL 32-23-21.
a. Any person who is under the age of 21 years may not operate, drive or be in physical control of a motor vehicle with 0.02 percent of alcohol in the blood.
b. Or after having consumed marijuana, drugs or controlled substance.
1. SDCL 50-13-17.
a. This statute prohibits the unlawful operation of an aircraft while intoxicated.
1. SDCL 32-20A-14
a. This statute prohibits the operation of a snowmobile while intoxicated.
H. Commercial Vehicles.
1. SDCL 32-12A-43.
a. A person may not drive, operate or be in physical control of a commercial vehicle while having any measurable or detectable amount of alcohol in that persons system.
2. SDCL 32-12-44.
a. No person may drive, operate or be in physical control of a commercial vehicle while there is 0.04 percent and 0.08 percent of alcohol in the blood. This is a class 2 misdemeanor.
I. Other crimes.
1. SDCL 22-16-41, Vehicular Homicide.
a. Any person while under the influence of an alcoholic beverage, marijuana, controlled drug or substance or any combination thereof without design to affect the death of another, operates or drives a motor vehicle of any kind in a negligent manner and thereby causes the death of another person is guilty of vehicular homicide.
b. Vehicular homicide is a class 3 felony and carries a maximum penalty of fifteen (15) years in the state penitentiary and a Thirty Thousand Dollar ($30,000) fine.
c. Such individual may have their driver’s license revoked for a period of time as may be determined by the court.
A. First offense DUI.
1. Class 1 misdemeanor which carries a maximum sentence of one (1) year in county jail or a Two Thousand Dollar ($2000) fine, or both, and is subject to a mandatory minimum of thirty (30) days revoked driver’s license. SDCL 32-23-2.
2. If the offender’s BAC is 0.17% there is a mandatory chemical dependency evaluation. SDCL 32-23-2.1.
B. Second Offense DUI.
1. SDCL 32-23-3. A class 1 misdemeanor which carries a maximum sentence of one (1) year county jail or a Two Thousand Dollar ($2000) fine, or both.
C. Third Offense DUI.
1. SDCL 32-23-4. A class 6 felony which carries a maximum penalty of two (2) years in the state penitentiary and a Four Thousand Dollar ($4,000) fine and a mandatory minimum driver’s license revocation of one (1) year.
D. Fourth Offense DUI.
1. SDCL 32-23-4.6. A class 5 felony which carries a maximum penalty of five (5) years in the state penitentiary and a Ten Thousand Dollar ($10,000) fine and a mandatory minimum driver’s license revocation of two (2) years.
E. Fifth Offense DUI.
1. SDCL 32-23-4.7. A class 4 felony which carries maximum penalty of ten (10) years in the state penitentiary and a Twenty Thousand Dollar ($20,000) fine and a mandatory minimum driver’s license revocation of three (3) years.
III. DRUNK DRIVING PRESUMPTIONS.
A. SDCL 32-23-7.
1. 0.05% or less, defendant was not under the influence of alcohol.
2. 0.05% to 0.08% does not give rise to any presumption that defendant was or was not under the influence but may be considered with other evidence at trial on the issue of guilty or innocence.
3. 0.08%, defendant was under the influence.
IV. IMPLIED CONSENT.
A. South Dakota repealed the implied consent in 2006 which gave the operator of a motor vehicle the privilege to refuse a blood test.
B. Presently SDCL 32-23-10 states that the arresting officer may require the operator to submit to a blood test.