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S.D. 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

Applied in 4 court decisions — leading case Schaffer v. Beringer (2016)

Most recently applied in State v. Bettelyoun, Ehret, Osborne (March 2022)

Source: SL 1998, ch 198, § 1; SL 1999, ch 165, § 1; SL 2003, ch 272 (Ex

How often courts cite this section

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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

(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.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.