§ 32-23-2 — Punishment for prohibited driving--First offense--Limited driving privilege.

If conviction for a violation of § 32-23-1 is for a first offense, the person is guilty of a Class 1 misdemeanor, and the court must revoke the person's driver license for not less than thirty days. The court may, in its discretion, issue an order, upon proof of financial responsibility pursuant to § 32-35-113 , permitting the person to operate a vehicle for 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. The court may also order the revocation of the person's driving privilege for a further period not to exceed one year or restrict the privilege in any manner it sees fit for a period not to exceed one year.

Legislative History

SL 1953, ch 246, § 1; SDC Supp 1960, § 44.9922 (1); SL 1973, ch 195, § 5; SL 1975, ch 207, § 1; SL 1976, ch 198; SL 1977, ch 189, § 112; SL 1985, ch 263, § 1; SL 1991, ch 252, § 17; SL 1994, ch 255, § 5; SL 2006, ch 168, § 4; SL 2008, ch 161, § 1, eff. Feb. 27, 2008; SL 2022, ch 99, § 1; SL 2024, ch 120, § 1.