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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.

  • SDCL § 35-1-5.3
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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.

  • SDCL § 35-1-9.1

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.

  • SDCL § 35-1-5.3
Sources for this section (2)
  1. SDCL § 35-1-5.3 — Consumption of distilled spirits in public place as misdemeanor; Exceptions
  2. 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.

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