Recent South Dakota DUI Law Changes
What changed, when it took effect, and who it affects.
July 1, 2026
Monitoring required on probation or parole for DUI (HB 1126, 2026 S.D. Sess. Laws ch. 138)
Signed March 9, 2026: anyone on probation, parole, or a suspended sentence for DUI must use at least one monitoring tool (the 24/7 Sobriety Program or another accountability program, an ignition interlock, an alcohol monitoring bracelet, or similar).
July 1, 2023
Mandatory prison terms for fourth and fifth DUI (HB 1170, 2023 S.D. Sess. Laws ch. 107)
A fourth DUI now carries at least 2 years (1 on parole) and a fifth or later at least 4 years (1 on parole). It applies to repeat offenders within the 10-year lookback.
Official sources
- SDCL Chapter 32-23 — Driving Under the Influence
- SDCL §32-23-1 — Driving with alcohol in blood or under the influence
- SDCL §32-23-2 — Punishment for first offense; limited driving privilege
- SDCL §32-23-4 — Punishment for third offense
- SDCL §32-12A-36 — Commercial driver disqualification
- SDCL §22-6-1 — Felony classes and penalties
- 2023 Session Law (HB 1170) — Mandatory sentences for certain DUI violations
- 2026 Session Law (HB 1126) — Revise a provision related to DUI
- SD Department of Public Safety — Revoked or Suspended Driver License and Reinstatement
- SD Attorney General — 24/7 Sobriety Program
- SD Attorney General — 24/7 bond conditions with interlock (form)
- SD Unified Judicial System — Criminal Law FAQs
- SD Unified Judicial System — Guide to South Dakota Courts
- SD Unified Judicial System — Court Structure
- SD UJS — Second Circuit Chemical Abuse Evaluation Agency List
- S.D. Session Laws 2025 — SB 3 (driver license and reinstatement fees)
- S.D. Legislature — 2025 Senate Bill 3
- S.D. Legislature — 2023 House Bill 1170
- S.D. Session Laws 2022 (effective date of acts, SDCL 2-14-16)
- S.D. UJS Court Finder — Minnehaha County
- S.D. UJS Court Finder — Pennington County
- S.D. UJS Court Finder — Brown County
- S.D. UJS Court Finder — Brookings County
- S.D. UJS Court Finder — Codington County
Educational information, not legal advice. South Dakota law changes and every case is different. Confirm deadlines with South Dakota Department of Public Safety, Driver Licensing (refusals) and talk to a licensed South Dakota attorney about your situation.
Some details on this page are still being verified against official sources. Check the linked sources before relying on a specific number or deadline.
Last reviewed October 1, 2026.