Even though the link
between alcohol and accidents is strong, many young drivers get behind the
wheel with a sense of immortality. While accidents are the worst
consequence of drinking and driving, they aren’t the only ones teens need
to know about. Underage drinking also carries a heavy legal cost.
Sometimes, knowing the penalties involved may help deter a young person’s
decision to drink alcohol.
In South Dakota,
there is a zero tolerance law for underage drinking and driving.
Here is a look at the specific laws concerning underage drinking and/or
driving:
In South Dakota, a
violation of the possession law is a Class 2 misdemeanor punishable by
fine of $200 and/or up to 30 days imprisonment plus a driver’s license
suspension of 30 days to 1 year on a first offense. For a second (or more)
offense, a violator faces a driver’s license suspension of 60 days to 1
year. If the minor is in a motor vehicle and in violation of this law,
the driver’s license suspension on a first offense is 6 months and 1 year
for second and subsequent offenses.
Under 21 DUI
If you are under 21 and driving, if your blood alcohol content
registers between .02 and .079, you may be charged under this law. If you
are convicted, your driver’s license will be suspended for at least 30
days, and maybe up to a full year. You may be fined and you might have to
go to jail. The judge may also order you to perform community service or
face other restrictions.
DUI
If your
blood alcohol content is .08 or more and you are driving, you will be
tried as an adult no matter how young you are.
FIRST OFFENSE is a Class 1 Misdemeanor that is punishable by a
fine of up to $1,000, imprisonment up to a year, or both. You will also
lose your driver’s license for 30 days.
SECOND OFFENSE is a Class 1 Misdemeanor that is punishable by a
fine of up to $1,000, imprisonment up to one year, or both, and loss of
driver’s license for one year. If a person is convicted of driving
without a license during that one-year period, he/she will be sentenced to
the county jail for at least three days, and that sentence cannot be
suspended.
THIRD OFFENSE is a Class 6 Felony that is punishable by a fine
of up to $2,000, imprisonment up to two years, and loss of driver’s
license for no less than one year. If you are convicted of driving without
a license during that period, you will have to serve at least a ten-day
sentence in the county jail.
If you are convicted of driving under the influence, you have to show
special proof of insurance (SR-22) to the state for the next three years.
If your insurance company notifies the state that your coverage is
cancelled during those three years, your license will immediately be
suspended again and you will have to pay the reinstatement fee again.
False IDs
There are additional consequences if you
use a fake ID to try to buy alcohol. It is illegal for people under 21 to
misrepresent their age to get alcohol, or to use a false ID. These are
both class 2 misdemeanors punishable by fines up to $200, and/or a jail
sentence of up to 30 days. In addition, a violator’s driver’s license may
be suspended from 30 days up to a year for a first offence, and 60 days to
a year for a second offense.
It is also illegal for someone over 21 years old to give his or her ID to
a minor. This is a class 1 misdemeanor, and violators face a fine up to
$1,000 and/or up to a year in jail.
Information adopted
from
SD Driver’s License Manual;
Alcohol Policy Information System, a division of the National
Institute of Health, and the
South Dakota Legislative Research Council
