Drinking In Public
SDCL § 35-1-5.3 and SDCL § 35-1-9.1 — distilled spirits in a public place, and an open container in a vehicle
Consuming distilled spirits in a public place, other than a licensed on-sale premises or a permitted location, is a Class 2 misdemeanor. A public place includes any street or highway.
In the vehicle. Any person occupying a motor vehicle on a public highway who drinks or has an open container of alcohol in their possession commits a Class 2 misdemeanor, unless the seal is unbroken or the container is out of reach of everyone in the passenger area.
Cities have ordinances of their own on beer and wine in parks and streets. A particular case is a question for a licensed South Dakota attorney.
Sources for this section (2)
- SDCL § 35-1-5.3 — Consumption of distilled spirits in public place as misdemeanor; Exceptions
- SDCL § 35-1-9.1 — Consumption or possession of alcoholic beverage in vehicle a misdemeanor; Exceptions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.