The bill amends several sections of South Dakota law regarding operating vehicles, boats, and aircraft while under the influence of alcohol or drugs. Key changes include the specification that individuals may not drive a commercial vehicle with 0.04% or more blood alcohol content (BAC), and for regular vehicles, the threshold is set at 0.08% BAC. The bill clarifies that these measurements must be taken at the time of driving or within two hours, as shown by chemical analysis of breath, blood, or other bodily substances. Additionally, it establishes that violations of these provisions are classified as Class 2 misdemeanors for vehicles and Class 1 misdemeanors for boats and aircraft.

The bill also introduces presumptions regarding intoxication based on BAC levels, stating that a BAC of 0.05% or less indicates a presumption of not being under the influence, while a BAC of 0.08% or more indicates a presumption of being under the influence. Furthermore, it mandates that individuals under 21 with a BAC of 0.02% or more will face a Class 2 misdemeanor, with specific penalties for repeat offenses. The legislation aims to enhance public safety by tightening regulations on operating vehicles, boats, and aircraft while impaired.

Statutes affected:
Introduced, 01/23/2026: 32-12A-44, 32-23-1, 32-23-7, 32-23-21, 42-8-45, 42-8-45.4, 50-13-17