South Dakota statute
SDCL § 32-23-3 — Punishment for second offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 23: Driving Under The Influence, South Dakota Codified Laws.
Criminal charges under this statute
Full text of SDCL § 32-23-3
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
If conviction for a violation of § 32-23-1 is for a second offense, the person is guilty of a Class 1 misdemeanor, and the court must revoke the person's driver license for a period of not less than one year. Upon the successful completion of a court-approved chemical dependency program, and proof of financial responsibility pursuant to § 32-35-113, the court may permit the person to drive for the purposes of employment, 24/7 sobriety testing, attendance at school, child care delivery or pickup, health appointments, attendance at court or probation appointments, or attendance at counseling programs, treatment, or aftercare. If the person is convicted of driving without a license during that period, the court must sentence the person to the county jail for not less than three days, which sentence may not be suspended.
Official sources
Legal terms used in this section
Questions this section answers
Is punishment for second offense a felony or a misdemeanor in South Dakota?
Punishment for second offense is a Class 1 Misdemeanor in South Dakota under SDCL § 32-23-3.
Which South Dakota statute covers punishment for second offense?
Punishment for second offense is governed by SDCL § 32-23-3 (Punishment for second offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege).
This reference is informational and is not legal advice.