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State of South Dakota
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NINETY-FOURTH SESSION LEGISLATIVE ASSEMBLY, 2019 |
| 913B0088 | HOUSE BILL NO. 1049 |
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Introduced by: Representatives Johns, Deutsch, Duvall, Finck, Glanzer, Goodwin,
McCleerey, Peterson (Kent), Reed, Rounds, and Willadsen and Senators
Ewing, Bolin, Cronin, Kennedy, Langer, Russell, Schoenbeck, Steinhauer,
and White
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FOR AN ACT ENTITLED, An Act to revise certain provisions regarding driving after
consuming certain drugs or substances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-23-21 be amended to read:
32-23-21. It is a Class 2 misdemeanor for any person under the age of twenty-oneyears to
drive, operate, or be in actual physical control of any vehicle:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-23-21 be amended to read:
32-23-21. It is a Class 2 misdemeanor for any person under the age of twenty-one
(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; or
(3) After having consumed a controlled drug or substance lawfully prescribed for the
person and if the person is under the influence of the drug or substance to a degree
that renders the person incapable of safely operating the motor vehicle.
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, or and one year for any
third or subsequent offense. However, the The court may, upon proof of financial responsibility
pursuant to § 32-35.43.1 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 programs program.
