35-1-9.1. Consumption or possession of alcoholic beverage in vehicle a misdemeanor--Exceptions.
It is a Class 2 misdemeanor for any person occupying a motor vehicle located upon a public highway or the right-of-way of a public highway to consume any alcoholic beverage or have a package or any receptacle containing an alcoholic beverage in that person's possession unless the seal of the original package remains unbroken or the alcoholic beverage is so removed from the passenger area of the motor vehicle that no occupant of the motor vehicle has access to it.
Source: SDC 1939, §5.0227 (1); SDCL, §35-4-87; SL 1971, ch 211, §4; SL 1977, ch 190, §124; SL 1999, ch 184, §1.
Structure South Dakota Codified Laws
Title 35 - Alcoholic Beverages
Chapter 01 - Definitions And General Provisions
Section 35-1-1 - Definition of terms.
Section 35-1-4 - Traffic in alcoholic beverages prohibited except as authorized by title.
Section 35-1-4.1 - Dispenser permitted to transport or store alcoholic beverage.
Section 35-1-5 - Unlicensed business prohibited--Violation as misdemeanor.
Section 35-1-5.1 - Bottle clubs prohibited.
Section 35-1-5.3 - Consumption of distilled spirits in public place as misdemeanor--Exceptions.
Section 35-1-5.8 - Carrier may permit passenger to consume alcoholic beverage aboard vehicle.
Section 35-1-5.9 - Commercial storage of wine--Authorization.
Section 35-1-7 - False statement in application or report as felony.
Section 35-1-8 - Sale or delivery of beverages for resale prohibited except as authorized.
Section 35-1-8.1 - Sacramental wines exempt.
Section 35-1-9 - Storage of beverages restricted to licensed premises--Exception.
Section 35-1-9.3 - Certain situations not in violation of § 35-1-9.1.
Section 35-1-12 - Kegs of malt beverage--Retail sale--Records.