South Dakota § 32-23-1 Driving or control of vehicle prohibited with alcohol in blood or while under influence of alcohol, drug, or intoxicant.

South Dakota Statutes

§ 32-23-1 — Driving or control of vehicle prohibited with alcohol in blood or while under influence of alcohol, drug, or intoxicant.

South Dakota § 32-23-1

Title 32MOTOR VEHICLES

Ch. 32-21DRIVING UNDER THE INFLUENCE

This text of South Dakota § 32-23-1 (Driving or control of vehicle prohibited with alcohol in blood or while under influence of alcohol, drug, or intoxicant.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 32-23-1 (2026).

Text

No person may drive or be in actual physical control of any vehicle while:

(1)There is 0.08 percent or more by weight of alcohol in that person's blood as shown by chemical analysis of that person's breath, blood, or other bodily substance;

(2)Under the influence of an alcoholic beverage, marijuana, or any controlled drug or substance not obtained pursuant to a valid prescription, or any combination of an alcoholic beverage, marijuana, or such controlled drug or substance;

(3)Under 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;

(4)Under the combined influence of an alcoholic beverage and or any controlled drug or substance obtained pursuant

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No person may drive or be in actual physical control of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in that person's blood as shown by chemical analysis of that person's breath, blood, or other bodily substance; (2) Under the influence of an alcoholic beverage, marijuana, or any controlled drug or substance not obtained pursuant to a valid prescription, or any combination of an alcoholic beverage, marijuana, or such controlled drug or substance; (3) Under 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; (4) Under the combined influence of an alcoholic beverage and or 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; or (5) Under the influence of any substance ingested, inhaled, or otherwise taken into the body as prohibited by § 22-42-15 .

Legislative History

SDC 1939, §§ 44.0302, 44.9920, 44.9922; SL 1949, ch 42, § 1; SL 1953, ch 246, § 1; SDC Supp 1960, § 44.0302-1; SL 1973, ch 195, § 3; SL 1976, ch 158, §