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26.747.10 101st Legislative Session 1126
2026 South Dakota Legislature
House Bill 1126
ENROLLED
AN ACT
ENTITLED An Act to revise a provision related to driving under the influence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-23-4.9 be AMENDED:
32-23-4.9. If a conviction for a violation of § 32-23-1 is for a sixth or subsequent
offense, and the person had at least five convictions of § 32-23-1 occurring within twenty-
five years of the violation being charged, and at least two of those prior convictions
occurred within ten years, the violation is an aggravated offense and the person is guilty
of a Class 4 felony. If a person is convicted of an a ggravated offense and the person has
at least five convictions of § 32-23-1 occurring within fifteen years of the violation being
charged, the court must sentence the person to at least six years in a state correctional
facility, one year of which must be served on parole, unless refused pursuant to § 24-15A-
15. Any term of parole must include at least one of the following: enrollment in an alcohol
or drug accountability program, an ignition interlock, a breath alcohol interlock, an alcohol
monitoring bracelet, or another enhanced monitoring tool. The court may suspend this
sentence only if the court orders the person to participate in and complete a drug court
program, DUI court program, veterans treatment court program, or mental health court
program, as a condition of probation.
The court must revoke the person's driver license for a period of not less than three
years from the date the sentence is imposed, or three years from the date of initial release
from imprisonment, whichever is later. If the person is returned to imprisonm ent prior to
the completion of the period of driver 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 twenty 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.
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Upon the person's 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 counseli ng programs,
treatment, or aftercare.
For any person convicted under this section and placed on probation or parole, or
released from prison due to a suspended sentence, the person's supervision must include
at least one of the following: enrollment in an alcohol or drug accountability program , an
ignition interlock, a breath alcohol interlock, an alcohol monitoring bracelet, or another
enhanced monitoring tool. The Unified Judicial System shall supervise the offender if the
sentence does not include a term of imprisonment in a state correction al facility. The
Department of Corrections shall supervise the offender if the sentence includes a term of
imprisonment in a state correctional facility. Any offender supervised pursuant to this
section is not excluded from earned discharge credit as otherwise authorized by statute.
If, during the period of supervision imposed under this section, the person being
supervised violates conditions, the person must be penalized according to the graduated
sanctions policy as established by the Supreme Court or the Department of Corrections,
respectively.
26.747.10 3 1126
HB1126 ENROLLED
An Act to revise a provision related to driving under the influence.
I certify that the attached Act originated in
the:
House as Bill No. 1126
Chief Clerk of the House
Speaker of the House
Attest:
Chief Clerk of the House
President of the Senate
Attest:
Secretary of the Senate
House Bill No. 1126
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2026 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2026
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________, 2026
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State