State v. Mundy-Geidd
Annotate this CaseIn 2013, Defendant was convicted of driving under the influence of alcohol (DUI). On appeal, Defendant argued that from 2012 to 2014, S.D. Codified Laws 34-20A-93 prohibited the enforcement of laws such as the DUI statute, S.D. Codified Laws 32-23-1, that included “drinking, drunknness, or being found in an intoxicated condition” as an element of the offense. The Supreme Court affirmed, holding that, in enacting of section 34-20A-93 in 1974, the Legislature did not intend to end the enforcement of the DUI statute, and in repealing S.D. Codified Laws 34-20A-95 in 2012, the Legislature did not intend to prohibit the enforcement of section 32-23-1.
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