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S.D. Codified Laws § 35-1-9.3

Certain situations not in violation of § 35-1-9.1

Source: SL 1999, ch 184, §§ 3, 4, 5; SL 2014, ch 174, § 2; SL 2018, ch 213, § 9.

It is not a violation of § 35-1-9.1 if:

(1) An alcoholic beverage is located in a locked glove compartment of the motor vehicle;

(2) An open alcoholic beverage is behind the last upright seat of a motor vehicle that is not equipped with a trunk or in an area not normally occupied by the driver or passengers; or

(3) A passenger in a motor vehicle operated by a carrier as defined in subdivision 35-1-1(3) and licensed pursuant to subdivision 35-4-2(9) possesses an open alcoholic beverage. However, the driver of a carrier is prohibited from possessing in the driver compartment of the vehicle a package or receptacle containing an alcoholic beverage if the seal of the original package is broken.

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