32-23-2. Punishment for prohibited driving--First offense.

If conviction for a violation of § 32-23-1 is for a first offense, the person is guilty of a Class 1 misdemeanor, and the court shall revoke the person's driver license for not less than thirty days. However, the court may in its discretion issue an order, upon proof of financial responsibility pursuant to § 32-35-113, permitting the person to operate a vehicle for purposes of employment, 24/7 sobriety testing, attendance at school, child care delivery or pickup, or attendance at counseling programs. The court may also order the revocation of the person's driving privilege for a further period not to exceed one year or restrict the privilege in such manner as it sees fit for a period not to exceed one year.

Source: SL 1953, ch 246, § 1; SDC Supp 1960, § 44.9922 (1); SL 1973, ch 195, § 5; SL 1975, ch 207, § 1; SL 1976, ch 198; SL 1977, ch 189, § 112; SL 1985, ch 263, § 1; SL 1991, ch 252, § 17; SL 1994, ch 255, § 5; SL 2006, ch 168, § 4; SL 2008, ch 161, § 1, eff. Feb. 27, 2008; SL 2022, ch 99, § 1.