South Dakota Drugged Driving Laws

South Dakota DUI – statute(s)

• SDCL § 32-23-1.

South Dakota DUI – standard

• “No person may drive or be in actual physical control of any vehicle while: . . . [u]nder the influence of . . . marijuana, or any controlled drug or substance not obtained pursuant to a valid prescription.” SDCL § 32-23-1(2).
• “No person may drive or be in actual physical control of any vehicle while: . . . [u]nder the influence of any controlled drug or substance obtained pursuant to a valid prescription, or any other substance, to a degree which renders the person incapable of safely driving.” SDCL § 32-23-1(3).

South Dakota DUI – applicable substances

• Marijuana; controlled drug or substance.

South Dakota DUI – affirmative defense

• “The fact that any person charged with a violation of § 32-23-1 is or has been prescribed a drug under the laws of this state is not a defense against any charge of violating § 32-23-1.” SDCL § 32-23-6.

South Dakota Per se – statute(s)

• SDCL § 32-23-21.

South Dakota Per se – standard

• “It is a Class 2 misdemeanor for any person under the age of twenty-one years to drive, operate, or be in actual physical control of any vehicle: . . . [a]fter having consumed marijuana or any controlled drug or substance for as long as physical evidence of the consumption remains present in the person’s body.” SDCL § 32-23-21(2).

South Dakota Per se – applicable substances

• For persons under age 21, marijuana or any controlled drug or substance.

South Dakota Per se – affirmative defense(s)

South Dakota Implied consent – applicable drivers

• Any person who operates any vehicle in North Dakota. SDCL § 32-23-10.

South Dakota Implied consent – tests authorized

• Withdrawal of blood or other bodily substance and chemical analysis of the person’s blood, breath, or other bodily substance. SDCL § 32-23-10.

South Dakota Implied consent – basis for test

• LEO may require driver to submit to blood test after arresting him/her for a violation of drugged driving laws. SDCL § 32-23-10.

South Dakota Implied consent – evidence of refusal

• When a person stands trial for driving while under the influence of alcohol or drugs, the refusal to consent to chemical testing is admissible into evidence. SDCL § 19-19-513.

South Dakota Implied consent – administrative / civil penalty for refusal

• Driving privileges revoked for one year. SDCL §§ 32-23-11, 32-23- 18.

Reference: Drugged Driving: 2016 Summary of Key Provisions of State Laws

DUI Arrest Statistics and South Dakota Drunk Driving Statistics

* Sources: State Justice Department, Federal Highway Administration