2011 South Dakota Code
Title 32 MOTOR VEHICLES
Chapter 12. Driver Licenses And Permits
§32-12-52.4 Suspension for certain alcohol-related offenses by a minor.


SD Codified L § 32-12-52.4 (through 2011) What's This?

32-12-52.4. Suspension for certain alcohol-related offenses by a minor. Upon a first conviction or a first adjudication as a child in need of supervision for a violation of § 35-9-2 while in a vehicle, the court shall suspend the driver license or driving privilege of the driver, if the driver was under the age of twenty-one when the offense occurred, for a period of thirty days.

Upon a second conviction or a second adjudication as a child in need of supervision for a violation of § 35-9-2 while in a vehicle, the court shall suspend the driver license or driving privilege of the driver, if the driver was under the age of twenty-one when the offense occurred, for a period of one hundred eighty days.

Upon a third or subsequent conviction or a third or subsequent adjudication as a child in need of supervision for a violation of § 35-9-2 while in a vehicle, the court shall suspend the driver license or driving privilege of the driver, if the driver was under the age of twenty-one when the offense occurred, for a period of one year. For any offense under this section, the court may issue an order, upon proof of financial responsibility pursuant to § 32-35-43.1, permitting the person to operate a vehicle for purposes of the person's employment, attendance at school, or attendance at counseling programs.

Notwithstanding the provisions of chapters 26-7A, 26-8A, 26-8B, and 26-8C, the Unified Judicial System shall notify the Department of Public Safety of any conviction or adjudication for a violation, while in a vehicle, of § 35-9-2 or chapter 32-23. The period of suspension begins on the date the person's suspended driver license is received by the court or the Department of Public Safety. At the expiration of the period of suspension, a person may make application to have the license reinstated and pay the license fee as prescribed in § 32-12-47.1.

Source: SL 1990, ch 250, § 1; SL 1991, ch 252, § 22; SL 1991, ch 255; SL 1992, ch 217, § 2; SL 1994, ch 219, § 7; SL 1994, ch 253; SL 1994, ch 255, § 4; SL 1996, ch 179, § 4; SL 2001, ch 171, § 53; SL 2001, ch 173, § 2; SL 2001, ch 174, § 1; SL 2003, ch 149, § 11; SL 2003, ch 272, § 23; SL 2006, ch 165, § 2.

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