Drink-driving limits in South Dakota (2026)
Last reviewed: 29 October 2026
In short: The general alcohol limit is set in state law and is shown where verified.
| Rule | What applies |
|---|---|
| Blood alcohol limit for ordinary driversDriving after drinking alcohol | 0.08 % blood alcohol [1] |
| Random breath tests without suspicionDriving after drinking alcohol | ⚠ Not yet verified |
| Lower limit for novice or young driversDriving after drinking alcohol | Under 21: 0.02% blood alcohol or more is a Class 2 misdemeanour; licence suspended for 30 days (first offence). [2] |
| Limit for professional or commercial driversDriving after drinking alcohol | Commercial motor vehicle: 0.04% blood alcohol or more is a Class 2 misdemeanour and brings disqualification. [3] |
| Maximum penaltiesDriving after drinking alcohol | First offence is a Class 1 misdemeanour: up to 1 year in county jail and/or a $2,000 fine, plus licence revocation of at least 30 days. [4] |
Notes
- Not yet verified against the state's official statutes.
Sources
- South Dakota Legislature: SDLRC Codified Law 32-23-1 - Driving or control of vehicle prohibited with alcohol in blood or while under influence (consulted 29 October 2026) · all sources
- South Dakota Legislative Research Council: Codified Law SDCL 32-23-21 Driver under age of twenty-one operating vehicle after alcohol or drug consumption (consulted 29 October 2026) · all sources
- South Dakota Legislative Research Council: Codified Law SDCL 32-12A-44 Driving commercial vehicle prohibited at certain levels of blood alcohol (consulted 29 October 2026) · all sources
- South Dakota Legislative Research Council: Codified Law SDCL 32-23-2 Punishment for prohibited driving - First offense (consulted 29 October 2026) · all sources
National rules that also apply
These rules are set at national level in the United States and apply here too, alongside the rules above. All national rules for the United States
| Limit for professional or commercial drivers | 0.04% alcohol concentration or more: a driver subject to commercial driver's licence rules must not report for or remain on duty performing safety-sensitive functions, and an employer who knows of it must not let the driver continue. (source: Electronic Code of Federal Regulations (Office of the Federal Register)) |
|---|
South Dakota and neighbouring states
| State | Blood alcohol limit for ordinary drivers | Lower limit for novice or young drivers | Limit for professional or commercial drivers | Random breath tests without suspicion | Maximum penalties |
|---|---|---|---|---|---|
| South Dakota | 0.08% | 0.02% (under 21) | 0.04% commercial | ⚠ Not yet verified | Up to 1 year; $2,000 fine |
| Iowa | 0.08% | 0.02% (under 21) | 0.04% (commercial) | ⚠ Not yet verified | Min. 48 hours jail; $1,250 fine |
| Minnesota | 0.08% | Any alcohol, under 21 | 0.04% (commercial vehicle) | ⚠ Not yet verified | Up to 7 years, $14,000 (felony) |
| Montana | 0.08% | 0.02% under 21 | 0.04% in a commercial vehicle | ⚠ Not yet verified | Up to 6 months jail, $600-1,000 fine |
| North Dakota | 0.08% | 0.02% (under 21) | 0.04% (commercial) | ⚠ Not yet verified | 1st: class B misdemeanour; fine min. $500 |
| Nebraska | 0.08% | 0.02% (under 21) | 0.04% (commercial vehicle) | ⚠ Not yet verified | Class W misdemeanour; 6-month revocation |
| Wyoming | 0.08% | 0.02% (under 21) | 0.04% (commercial vehicle) | ⚠ Not yet verified | First: up to 6 months / $750 |
More rules in South Dakota
- CannabisPossession for personal use: Criminal offence (misdemeanour up to 2 oz)
- Car speed limitsBuilt-up areas: 25 mph unposted · Outside built-up areas (single carriageway): 65 mph; 55 mph township roads
- Minimum age for a car driving licenceMinimum age for a car licence: 16 (operator's licence) · Earliest age to drive a car supervised: 14 (instruction permit)
- E-bikes and speed pedelecsLegal class: Three classes · Minimum age: Class III: 16
- FireworksConsumers may buy and use category F2 fireworks: Yes
- Knives and pepper sprayFolding pocket knives: Only concealment with felony intent
- Statutory minimum wageNational statutory minimum wage: Yes (state law) · Current adult minimum wage (gross): $11.85 per hour
- Using a mobile phone while drivingHolding a phone while driving banned: No (calls allowed) · Hands-free use: Allowed
- Seat belts and child seatsSeat belt compulsory in front seats: Yes · Seat belt compulsory in rear seats: Only passengers aged 5 to 17
- Tobacco and nicotine age limitsMinimum age to buy tobacco: 21 · Minimum age to buy e-cigarettes: 21
- Drinking age and alcohol salesMinimum age to buy beer and wine: 21+ (purchase, possess, consume) · Minimum age to buy spirits: 21+ (purchase, possess, consume)
Related pages
General information, not legal advice. Rules change: check the official source before you fly or ride.