In addition to other penalties that may apply under South Dakota’s DUI laws, a commercial driver who commits a first DUI while driving any vehicle will be disqualified from driving a commercial vehicle for at least one year. If, however, the driver was transporting hazardous materials at the time, the disqualification period is at least three years. A commercial driver who commits a second DUI while driving any vehicle will have his or her commercial license revoked for life, which may or may not be reduced to a period of not less than 10 years. Driving a commercial vehicle while intoxicated is a Class 2 misdemeanor which can result in up to thirty days in jail and/or a $500 fine.
A person under 21 who commits a first DUI faces up to 30 days imprisonment in a county jail, a fine of up to $500, or both. For a first offense, the driver’s license suspension period is 30 days. For a second offense, the suspension period is 180 days. For a third or subsequent offense, the suspension period is one year.
The South Dakota legislature found that it is the drinking of alcohol, rather than the serving of alcohol, that causes an intoxicated person to injure another. Therefore, there is no dram shop liability in South Dakota.
It is a crime for a licensed drinking establishment to serve alcohol to a person under 21 or to an obviously intoxicated person. Offenders face up to one year imprisonment in a county jail, a fine of up to $2,000, or both.
It is a crime to sell or give alcohol to a person who is 18 but under 21. Violators face up to 30 days imprisonment in a county jail, a fine of up to $500, or both.
It is a crime to sell or give alcohol to a person who is under 18. Offenders face up to one year imprisonment in a county jail, a fine of up to $2,000, or both.
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