32-23-3 — Punishment for second offense--Revocation of driving privilege--Limited drivingprivilege for certain purposes--Jail sentence for driving while license revoked.
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32-23-3.
Punishment for second offense--Revocation of driving privilege--Limited driving
privilege for certain purposes--Jail sentence for driving while license revoked.
If conviction for a
violation of § 32-23-1 is for a second offense, such person is guilty of a Class 1 misdemeanor, and
the court shall, in pronouncing sentence, unconditionally revoke the defendant's driving privilege for
a period of not less than one year. However, 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, attendance at school, or
attendance at counseling programs. If such person is convicted of driving without a license during
that period, the person shall be sentenced 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.