The bill amends South Dakota's driving under the influence (DUI) laws, specifically addressing penalties for individuals convicted of a sixth or subsequent DUI offense. It establishes that if a person has five prior DUI convictions within the last twenty-five years, with at least two occurring within the last ten years, the current offense is classified as an aggravated offense, resulting in a Class 4 felony charge. The bill mandates a minimum six-year sentence in a state correctional facility for those convicted of an aggravated offense, with one year to be served on parole. The conditions of parole include participation in various monitoring programs, such as alcohol or drug accountability programs, ignition interlocks, or alcohol monitoring bracelets. The court may suspend the sentence only if the individual completes a drug court or similar program.

Additionally, the bill stipulates that the individual's driver license will be revoked for a minimum of three years, starting from the date of sentencing or release from imprisonment, whichever is later. If the individual drives without a license during this revocation period, they face a mandatory twenty-day jail sentence. The bill also allows for limited driving privileges for employment and essential activities upon successful completion of a court-approved chemical dependency program. Supervision of offenders is designated to either the Unified Judicial System or the Department of Corrections, depending on whether the sentence includes imprisonment. Violations of supervision conditions will result in penalties according to established graduated sanctions.

Statutes affected:
Introduced, 01/23/2026: 32-23-4.9
Enrolled, 03/03/2026: 32-23-4.9