Terms Used In South Dakota Codified Laws 22-18-36
- Felony: A crime carrying a penalty of more than a year in prison.
- Motor vehicle: any automobile, motor truck, motorcycle, house trailer, trailer coach, cabin trailer, or any vehicle propelled by power other than muscular power. See South Dakota Codified Laws 22-1-2
- Person: any natural person, unborn child, association, limited liability company, corporation, firm, organization, partnership, or society. See South Dakota Codified Laws 22-1-2
- Serious bodily injury: such injury as is grave and not trivial, and gives rise to apprehension of danger to life, health, or limb. See South Dakota Codified Laws 22-1-2
- Unborn child: an individual organism of the species homo sapiens from fertilization until live birth. See South Dakota Codified Laws 22-1-2
Any person who, while under the influence of alcohol, drugs, or substances in a manner and to a degree prohibited by § 32-23-1, without design to effect serious bodily injury, operates or drives a motor vehicle of any kind in a negligent manner and thereby causes the serious bodily injury of another person, including an unborn child, is guilty of vehicular battery. Vehicular battery is a Class 4 felony. In addition to any other penalty prescribed by law, the court shall order that the driver’s license of any person convicted of vehicular battery be revoked for a period of not less than three years from the date sentence is imposed or three years from the date of initial release from imprisonment, whichever is later. In the event the person is returned to imprisonment prior to the completion of the period of driver’s license revocation, time spent imprisoned does not count toward fulfilling the period of revocation.