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
(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.
Structure South Dakota Codified Laws
Chapter 23 - Driving Under The Influence
Section 32-23-1.1 - Arrest without warrant on probable cause after accident.
Section 32-23-1.3 - Arrested person to be charged--Requirements for reduction or dismissal.
Section 32-23-2 - Punishment for prohibited driving--First offense.
Section 32-23-4.1 - Calculation of number of offenses.
Section 32-23-4.2 - Separate allegation of former conviction.
Section 32-23-4.4 - Separate trial on charge of former conviction.
Section 32-23-4.5 - Convictions in other states considered.
Section 32-23-4.10 - Costs payable to county--Nonpayment punishable by contempt.
Section 32-23-6 - Lawful use of drugs no defense.
Section 32-23-7 - Presumptions arising from chemical analysis of body fluids.
Section 32-23-8 - Other evidence on being under the influence of alcoholic beverage.
Section 32-23-10.3 - Serious bodily injury defined.
Section 32-23-13 - Failure to invoke refusal procedure as permission to make chemical analysis.
Section 32-23-14 - Persons authorized to withdraw blood to determine alcohol content--Liability.
Section 32-23-15 - Right to have technician of own choosing make separate test.
Section 32-23-16 - Results of analysis available to accused or attorney.
Section 32-23-17 - Withdrawal, chemical test, and witness fees and expenses taxed as costs.
Section 32-23-20 - Revocation of nonresident driving privileges.
Section 32-23-22 - Chapter not applicable to person riding animal or foot-pedal conveyance.