State of South Dakota
LEGISLATIVE ASSEMBLY, 2018
This bill has been extensively amended (hoghoused) and may no longer be consistent with the original intention of the sponsor.
||HOUSE STATE AFFAIRS ENGROSSED NO. HB 1133 - 2/21/2018 |
Introduced by: Representatives Goodwin, Campbell, Dennert, Kaiser, Livermont, Marty, and Wiese and Senators Tapio, Greenfield (Brock), Jensen (Phil), Monroe, Nelson, Russell, Stalzer, and Youngberg
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding operating a vehicle after consumption of a controlled drug or substance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-23-21 be amended to read:
32-23-21. 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:
(1) If there is physical evidence of 0.02 percent or more by weight of alcohol in the person's blood as shown by chemical analysis of the person's breath, blood, or other bodily substance; or
(2) After having consumed marijuana or any controlled drug or substance not obtained pursuant to a valid prescription for as long as physical evidence of the consumption remains present in the person's body.
If a person is found guilty of or adjudicated for a violation of this section, the Unified
Judicial System shall notify the Department of Public Safety. Upon conviction or adjudication, the court shall suspend that person's driver's license or operating privilege for a period of thirty days for a first offense, one hundred eighty days for a second offense, or one year for any third or subsequent offense. However, the court may, upon proof of financial responsibility pursuant to § 32-35.43.1, issue an order permitting the person to operate a vehicle for purposes of the person's employment, attendance at school, or attendance at counseling programs.