South Dakota Codified Laws 32-23-21. Driver under age of twenty-one operating vehicle after alcohol or drug consumption–Misdemeanor–Suspension of license–Restricted driving privilege
It is a Class 2 misdemeanor for any person under the age of twenty-one to drive, operate, or be in actual physical control of any vehicle:
(1) If there is physical evidence of 0.02 percent or more by weight of alcohol in the person’s blood as shown by a chemical analysis of the person’s breath, blood, or other bodily substance; or
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 misdemeanor | up to 30 days | up to $500 |
Terms Used In South Dakota Codified Laws 32-23-21
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(2) After having consumed marijuana or any controlled drug or substance, other than a controlled drug or substance lawfully prescribed for the person, for as long as physical evidence of the consumption remains present in the person’s body.
If a person is found guilty of or adjudicated for a violation of this section, the Unified Judicial System shall notify the Department of Public Safety. Upon conviction or adjudication, the court shall suspend that person’s driver’s license or operating privilege for a period of thirty days for a first offense, one hundred eighty days for a second offense, and one year for any third or subsequent offense. The court may, upon proof of financial responsibility under § 32-35-43.1, issue an order permitting the person to operate a vehicle for purposes of the person’s employment, attendance at school, or attendance at any counseling program.
Source: SL 1998, ch 198, § 1; SL 1999, ch 165, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2004, ch 218, § 1; SL 2006, ch 165, § 4; SL 2019, ch 137, § 1.