South Dakota § 32-23-3 - Punishment for second offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege.
Full text of South Dakota South Dakota Codified Laws § 32-23-3 — Punishment for second offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege., with citation guidance and answers to common questions.
§ 32-23-3. Punishment for second offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege.
If conviction for a violation of § 32-23-1 is for a second offense, the person is guilty of a Class 1 misdemeanor, and the court must revoke the person's driver license for a period of not less than one year. Upon the successful completion of a court-approved chemical dependency program, and proof of financial responsibility pursuant to § 32-35-113, the court may permit the person to drive 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 counseling programs, treatment, or aftercare. 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 three days, which sentence may not be suspended.
Source: SL 1953, ch 246, § 1; SDC Supp 1960, § 44.9922 (2); SL 1973, ch 195, § 6; SL 1977, ch 189, § 113; SL 1982, ch 247, § 1; SL 1994, ch 261, § 1; SL 2006, ch 168, § 6; SL 2008, ch 161, § 2, eff. Feb. 27, 2008; SL 2022, ch 99, § 2; SL 2024, ch 120, § 2.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 32-23-3
What does South Dakota Codified Laws § 32-23-3 cover?
Section 32-23-3 ("Punishment for second offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 32-23-3?
A common citation format is "South Dakota Codified Laws § 32-23-3" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 32-23-3 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.