What statute defines DUI in South Dakota?

S.D. Codified Laws § 32-23-1 is the controlling DUI statute in South Dakota. You can read the current text on the official code site at sdlegislature.gov.

What is the South Dakota implied-consent law?

S.D. Codified Laws § 32-23-10 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful DUI arrest.

South Dakota DUI Statutes: The Code Sections That Control Your Case

The statutes that control South Dakota DUI cases

DUI in South Dakota is defined by S.D. Codified Laws § 32-23-1, and the chemical-testing rules sit in S.D. Codified Laws § 32-23-10. Both are published in the official state code at sdlegislature.gov, which is the only version that governs — summaries elsewhere, including ours, can lag amendments.

South Dakota official code — DUI statute

Statutory text, definitions, BAC thresholds and sentencing ranges.

Implied-consent provision

What refusing a breath, blood or urine test costs you.

Statute at a glance

South Dakota DUI law at a glance

Sourced from the South Dakota code and state agency sites. Verify current text before relying on it.

Offense name: DUI (South Dakota)
Controlling statute: S.D. Codified Laws § 32-23-1
Implied consent: S.D. Codified Laws § 32-23-10
Per se BAC limit: 0.08 (0.04 CDL, 0.02 or lower under 21)
Prior-offense lookback: 10 years
First-offense fine: up to $2,000
First-offense jail exposure: up to 1 year
Licence suspension: 30 days
Ignition interlock: Not automatic on a first offense
Trial court: the Circuit Court
High-risk filing: SR-22 for 3 years

A first offense is a class 1 misdemeanor.

First-offense exposure under S.D. Codified Laws § 32-23-1: up to $2,000, up to 1 year of jail exposure, and a 30 days licence suspension. A first offense is a class 1 misdemeanor.

What S.D. Codified Laws § 32-23-1 actually says

SDCL § 32-23-1 — driving or being in actual physical control of a vehicle while under the influence of alcohol, a drug or an intoxicant, or with a prohibited alcohol concentration.
SDCL § 32-12-48 — the revocation period for a DUI conviction and the reinstatement application process.
SDCL § 32-23-4.5 — how prior out-of-state convictions count as prior offenses.

Charging documents cite the exact subsection, so check which one appears on your citation. The posted text on sdlegislature.gov carries an effective date — amendments passed after it are not yet reflected.

Other South Dakota sections that control the case

SDCL § 32-23-1

The core driving-under-the-influence offense.

SDCL ch. 24-14A

The 24/7 Sobriety Program.

South Dakota ZIP codes covered

These South Dakota ZIP-code pages carry the local court, filing and licensing detail for the area, and each one links back to this resource page.

Browse all South Dakota ZIP codes.

Counties and cities using these South Dakota resources

Other South Dakota official resources

South Dakota DUI Courts: Where Your Case Is Heard South Dakota Driver Licensing After a DUI: Hearings, Reinstatement & SR-22

Frequently asked questions

What statute defines DUI in South Dakota?: S.D. Codified Laws § 32-23-1 is the controlling DUI statute in South Dakota. You can read the current text on the official code site at sdlegislature.gov.
What is the South Dakota implied-consent law?: S.D. Codified Laws § 32-23-10 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful DUI arrest.