State of South Dakota
Representatives Boomgarden, Jerke, Novstrup, Schafer, Sebert, and
Turbiville and Senators Kooistra, Broderick, Gant, Napoli, and Nesselhuf
FOR AN ACT ENTITLED, An Act to
exempt persons who have not been drinking from
charges of open container in a motor vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
be amended to read as follows:
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.
However, no person may be charged pursuant to this section unless the law
enforcement officer has probable cause to believe there is alcohol in the person's blood and a
chemical analysis of the person's breath discloses there is alcohol in the person's blood.
300 copies of this document were printed by the South Dakota
Legislative Research Council at a cost of $.029 per page.
Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated by