South Dakota Alcohol Related Laws and Regulations

Where to Buy Alcohol
The hours and days that alcohol can be sold in South Dakota is prevailed by local ordinances. The alcoholic beverages are sold in private retail stores.

Legal Age for Drinking/Serving Alcohol
You must be 18 years old to work in a restaurant that serves alcohol. All other employment that involves selling or handling alcohol is illegal before the age of 21. As in all states, at 21 it is legal to consume alcoholic beverages.

Open Container Laws
Due to open container laws, all previously opened bottles of alcohol must be carried in the trunk of a vehicle so the driver and passengers do not have access.

BAC Limits
A driver is considered ‘per se intoxicated’ by the courts and will be charged with DUI (driving under the influence) if they test with a BAC (blood-alcohol content) of more than .08 percent or more. No other evidence is required to be charged other than the test results.

Harsher punishments are given to drivers who have a BAC of .17 percent or more above the legal limit.

A driver who isn’t the legal age of 21 is allowed to operate a vehicle if their BAC is less than .02 percent. The driver will be charged with DUI if the BAC is higher than that.

Penalties
‘Implied consent laws’ require drivers suspected of driving under the influence to partake in breath, blood, or urine testing for intoxication if asked by a police officer. If the driver refuses, they face the penalty of mandatory license suspension for up to one year.

A driver’s license will be temporarily removed by the DMV (Department of Motor Vehicles) under the minimum mandatory requirements of the law for 30 days for the first offense and one year for the second and third offenses.

The penalty of vehicle confiscation, attachment of an ignition interlock device, or required alcohol treatment and education is not supported by the government in South Dakota.

After the third conviction, DUI is considered a felony.