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.

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 4 felonyup to 10 yearsup to $20,000
For details, see § 22-6-1

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Terms Used In South Dakota Codified Laws 22-18-36

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

Source: SL 1993, ch 174, § 2; SL 1995, ch 122, § 9; SL 2000, ch 98, § 2; SDCL § 22-16-42; SL 2005, ch 120, § 172; SL 2006, ch 168, § 17; SL 2009, ch 115, § 2.