32-23-4.7. Punishment for fifth or subsequent offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege for certain purposes.
If conviction for violation of §32-23-1 is for a fifth offense, or subsequent offenses thereafter, the person is guilty of a Class 4 felony and the court, in pronouncing sentencing, shall revoke the person's driver license 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. If the person is convicted of driving without a license during that period, the court shall sentence the person to the county jail for not less than twenty days, which sentence may not be suspended. Notwithstanding §23A-27-19, the court retains jurisdiction to modify the conditions of the license revocation for the term of such revocation. Upon the successful completion of a court-approved chemical dependency counseling program, and proof of financial responsibility pursuant to §32-35-113, the court may permit the person to operate a vehicle for the purposes of employment, 24/7 sobriety testing, attendance at school, child care delivery or pickup, or attendance at counseling programs.
Source: SL 2005, ch 173, §1; SL 2006, ch 168, §11; SL 2008, ch 161, §5, eff. Feb. 27, 2008; SL 2011, ch 147, §2; SL 2022, ch 99, §5.
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.