South Dakota statute
SDCL § 32-23-4 — Punishment for third 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 § 32-23-4
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 third offense, the person is guilty of a Class 6 felony, and the court must revoke the person's driver license for a period of not less than one year from the date sentence is imposed or one year from the date of initial release from imprisonment, whichever is later. If the person is returned to imprisonment prior to the completion of the period of driver's license revocation, time spent imprisoned does not count toward fulfilling the period of revocation. 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 ten days, which sentence may not be suspended. Notwithstanding § 23A-27-19, the court retains jurisdiction to modify the conditions of the license revocation for the term of the revocation. Upon the successful completion of a court-approved chemical dependency counseling program, and proof of financial responsibility pursuant to § 32-35-113, the court may permit the person to operate a vehicle 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, aftercare, or an alternative care program pursuant to subdivision 23A-27-18.3(2).
Official sources
Legal terms used in this section
Questions this section answers
Is punishment for third offense a felony or a misdemeanor in South Dakota?
Punishment for third offense is a Class 6 Felony in South Dakota under SDCL § 32-23-4.
Which South Dakota statute covers punishment for third offense?
Punishment for third offense is governed by SDCL § 32-23-4 (Punishment for third offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege).
This reference is informational and is not legal advice.