Parents Matter: SD Laws

SD Laws

It is a class 1 misdemeanor to provide or sell alcohol to a person under the age of 18.
People charged with a class 1 misdemeanor could face one year in jail, a $2,000 fine, or both.

It is a class 2 misdemeanor to sell or provide alcohol to a person who is at least 18 years old, but still under the age of 21.
People charged with a class 2 misdemeanor could face 30 days in jail, a $500 fine, or both.

A person under the age of 21 can consume alcohol in the immediate presence of their parent, guardian, or spouse provided that the parent, guardian, or spouse is at least 21 years old.

People under the age of 21 who are caught drinking may be charged with “possession” or “consumption.” If you face those charges you could:

be fined.
have your drivers license suspended
face community service

If your blood alcohol content is .02 to .079 and you are driving, you may be charged with an “under 21 DUI.” If you’re found guilty of that charge:

your drivers license will be suspended for 30 days.
you may be fined and have to go to jail.
the judge may impose community service or other restrictions.

If your blood alcohol content is .08 or above and you’re driving, you will be tried as an adult and likely:

lose your drivers license for a minimum of 30 days.
be required to go to counseling.
be fined $300 to $400.
possibly serve jail time

**The judge may impose any other restrictions he/she wants to.

For more information on SD Laws visit: http://legis.state.sd.us/index.aspx