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26.450.14 101st Legislative Session 1120
2026 South Dakota Legislature
House Bill 1120
Introduced by: Representative Walburg
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to revise certain provisions related to operating a vehicle, boat, or aircraft 1
while under the influence. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 32-12A-44 be AMENDED: 4
32-12A-44. No person may drive or be in actual physical control of a commercial 5
motor vehicle while there is between 0.04 and 0.08 percent or more, by weight of alcohol 6
in that the person's blood at the time, or as measured within two hours of the time, of 7
driving or being in actual physical control of the commercial vehicle, as shown by chemical 8
analysis of that the person's breath, blood, or other body substance. Any A violation of 9
this section is a Class 2 misdemeanor. 10
Section 2. That § 32-23-1 be AMENDED: 11
32-23-1. No person may drive or be in actual physical control of any vehicle while: 12
(1) There is 0.08 percent or more by weight of alcohol in that the person's blood at 13
the time, or as measured within two hours of the time, of driving or being in actual 14
physical control of the vehicle, as shown by chemical analysis of that the person's 15
breath, blood, or other bodily substance; 16
(2) Under the influence of an alcoholic beverage, marijuana, or any controlled drug or 17
substance not obtained pursuant to a valid prescription, or any combination of an 18
alcoholic beverage, marijuana, or such controlled drug or substance; 19
(3) Under the influence of any controlled drug or substance obtained pursuant to a 20
valid prescription, or any other substance, to a degree which that renders the 21
person incapable of safely driving; 22
(4) Under the combined influence of an alcoholic beverage and or any controlled drug 23
or substance obtained pursuant to a valid prescription, or any other substance, to 24
a degree which renders the person incapable of safely driving; or 25
26.450.14 2 1120
Underscores indicate new language.
Overstrikes indicate deleted language.
(5) Under the influence of any substance ingested, inhaled, or otherwise taken into the 1
body as prohibited by § 22-42-15. 2
Section 3. That § 32-23-7 be AMENDED: 3
32-23-7. In any criminal prosecution for a violation of § 32-23-1 relating to driving 4
a vehicle while under the influence of an alcoholic beverage, a violation of § 22-16-41, or 5
a violation of § 22-18-36, the amount of alcohol in the defendant's blood at the time 6
alleged, as shown by chemical analysis of the defendant's blood, breath, or other bodily 7
substance, gives rise to the following presumptions: 8
(1) If there was, at that time, five hundredths percent or less by weight of alcohol in 9
the defendant's blood, it is presumed that the defendant was not under the 10
influence of an alcoholic beverage; 11
(2) If there was, at that time, in excess of five hundredths percent but less than eight 12
hundredths percent by weight of alcohol in the defendant's blood, such fact does 13
not give rise to any there is no presumption that the defendant was or was not 14
under the influence of an alcoholic beverage, but such the fact may be considered 15
with other competent evidence in determining the guilt or innocence of the 16
defendant; or 17
(3) If there was , at that time , or as measured within two hours of that time, eight 18
hundredths percent or more by weight of alcohol in the defendant's blood, it is 19
presumed that the defendant was under the influence of an alcoholic beverage. 20
Percent by weight of alcohol in the blood shall be is based upon milligrams of 21
alcohol per 1.0 cubic centimeter of whole blood , or 2100 cubic centimeters of deep lung 22
breath. 23
Section 4. That § 32-23-21 be AMENDED: 24
32-23-21. It is a Class 2 misdemeanor for any person under the age of twenty -25
one to drive, operate, or be in actual physical control of any vehicle: 26
(1) If there is physical evidence of 0.02 percent or more by weight of alcohol in the 27
person's blood at the time, or as measured within two hours of the time, of the 28
driving, operating, or being in actual physical control of the vehicle, as shown by a 29
chemical analysis of the person's breath, blood, or other bodily substance; or 30
(2) After having consumed marijuana or any controlled drug or substance, other than 31
a controlled drug or substance lawfully prescribed for the person, for as long as 32
physical evidence of the consumption remains present in the person's body. 33
26.450.14 3 1120
Underscores indicate new language.
Overstrikes indicate deleted language.
If a person is found guilty of or adjudicated for a violation of this section, the Unified 1
Judicial System shall must notify the Department of Public Safety. Upon conviction or 2
adjudication, the court shall must suspend that person's driver's license or operating 3
privilege for a period of thirty days for a first offense, one hundred eighty days for a second 4
offense, and one year for any third or subsequent offense. The court may, upon proof of 5
financial responsibility under § 32-35-43.1, issue an order permitting the person to 6
operate a vehicle for purposes of the person's employment, attendance at school, or 7
attendance at any counseling program. 8
Section 5. That § 42-8-45 be AMENDED: 9
42-8-45. No person may operate a boat , as defined in subdivisions subdivision 10
42-8-2(2B), (3), (5A), or (6) while underway, on the public waters of the state, while: 11
(1) There is 0.08 percent or more by weight of alcohol in that the person's blood at 12
the time, or as measured within two hours of the time, of operating the boat, as 13
shown by chemical analysis of that the person's breath, blood, or other bodily 14
substance; 15
(2) Under the influence of an alcoholic beverage, marijuana, or any controlled drug or 16
substance not obtained pursuant to a valid prescription, or any combination of an 17
alcoholic beverage, marijuana, or such controlled drug or substance; 18
(3) Under the influence of any controlled drug or substance obtained pursuant to a 19
valid prescription, or any other substance, to a degree which renders the person 20
incapable of safely driving or operating such boat; 21
(4) Under the combined influence of an alcoholic beverage and any controlled drug or 22
substance obtained pursuant to a valid prescription, or any other substance, to a 23
degree which renders the person incapable of safely driving or operating such boat; 24
or 25
(5) Under the influence of any substance ingested, inhaled, or otherwise taken into the 26
body as prohibited by § 22-42-15. 27
Any A violation of this section is a Class 1 misdemeanor. 28
Section 6. That § 42-8-45.4 be AMENDED: 29
42-8-45.4. In any criminal prosecution for a violation of § 42-8-45, the amount 30
of alcohol in the defendant's blood at the time alleged , as shown by chemical analysis of 31
the defendant's blood, breath, or other bodily substance , gives rise to the following 32
presumptions: 33
26.450.14 4 1120
Underscores indicate new language.
Overstrikes indicate deleted language.
(1) If there was, at that time, five hundredths percent or less by weight of alcohol in 1
the defendant's blood, a presumption arises that the defendant was not under the 2
influence of an alcoholic beverage; 3
(2) If there was, at that time, in excess of five hundredths percent but less than eight 4
hundredths percent by weight of alcohol in the defendant's blood, such fact does 5
not give rise to any there is no presumption that the defendant was or was not 6
under the influence of an alcoholic beverage, but such the fact may be considered 7
with other competent evidence in determining the guilt or innocence of the 8
defendant; and 9
(3) If there was , at that time , or as measured within two hours of that time, eight 10
hundredths percent or more by weight of alcohol in the defendant's blood, a 11
presumption arises that the defendant was under the influence of an alcoholic 12
beverage. 13
Percent by weight of alcohol in the blood is based upon milligrams of alcohol per 14
1.0 cubic centimeter of whole blood, or 2100 cubic centimeters of deep lung breath. 15
Section 7. That § 50-13-17 be AMENDED: 16
50-13-17. It is a Class 1 misdemeanor for any person who is under the influence 17
of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage 18
and any drug to operate an aircraft in the air or on the ground or water. No person may 19
operate an aircraft in the air or, on the ground, or on water who has while: 20
(1) There is 0.04 percent or more, by weight, of alcohol in that the person's blood at 21
the time, or as measured within two hours of the time, of operating the aircraft, as 22
shown by chemical analysis of the person's breath, blood, or other bodily 23
substance; or 24
(2) Under the influence of an alcoholic beverage, marijuana, or any controlled drug or 25
substance not obtained pursuant to a valid prescription, or any combination of an 26
alcoholic beverage, marijuana, or controlled drug or substance. 27
A violation of this section is a Class 1 misdemeanor. 28