Under 21 And Driving
SDCL § 32-23-21 — 0.02 or any trace of marijuana, and a suspension of thirty days, one hundred eighty days or one year
It is a Class 2 misdemeanor for a person under the age of twenty-one to drive or be in actual physical control of a vehicle with 0.02 percent or more alcohol in the blood, or after consuming marijuana or an unprescribed controlled substance while evidence of it remains in the body.
| Offense | Suspension |
|---|---|
| OffenseFirst | SuspensionThirty days |
| OffenseSecond | SuspensionOne hundred eighty days |
| OffenseThird or later | SuspensionOne year |
On proof of financial responsibility, the court may allow driving for work, school or a counseling program.
At 0.08 or more, the law every driver answers to applies as well. A particular case is a question for a licensed South Dakota attorney.
Sources for this section (2)
- SDCL § 32-23-21 — Driver under age of twenty-one operating vehicle after alcohol or drug consumption; Misdemeanor; Suspension of license; Restricted driving privilege
- SDCL § 32-23-1 — Driving or control of vehicle prohibited with alcohol in blood or while under influence of alcohol, drug, or intoxicant
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.