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South DakotaHB 1126101st South Dakota Legislature (2026)House

revise a provision related to driving under the influence.

Sponsored By: Walburg, Tim (Republican)

Signed by Governor

Controlled SubstancesMotor VehiclesPenalty

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 0 costs, 3 mixed.

Repeat drunk drivers face monitored supervision

People convicted under this law must receive monitored supervision on probation, parole, or release from prison because of a suspended sentence. Required options include an alcohol or drug accountability program, ignition interlock, breath interlock, alcohol-monitoring bracelet, or another enhanced monitoring tool. The Unified Judicial System supervises people without a state prison sentence; the Department of Corrections supervises those with one. These offenders remain eligible for earned discharge credit when other state law authorizes it; credit is not guaranteed. Violations require penalties under the Supreme Court's or Department of Corrections' policy of stepped sanctions.

Repeat drunk drivers face tougher sentences

In South Dakota, a sixth or later DUI is an aggravated Class 4 felony with five prior convictions within 25 years, including two within 10 years of the charged offense. With at least five convictions within 15 years of the charged offense, the minimum state correctional sentence is six years. That sentence includes one year on parole unless the court refuses parole under state law. Parole must include an alcohol or drug accountability program or an approved monitoring tool. The court can suspend the six-year sentence only by requiring participation in and completion of a drug, DUI, veterans treatment, or mental health court program as a probation condition.

Repeat drunk drivers lose driving privileges

For aggravated DUI convictions under this law, courts must revoke the driver's license for at least three years. The period starts at sentencing or initial release from prison, whichever is later; time back in prison does not count. Driving without a license during revocation brings at least 20 days in county jail, with no suspended sentence. Courts retain authority to change revocation conditions throughout the revocation period. After successful completion of court-approved chemical dependency counseling and proof of financial responsibility, a court can allow limited driving. Allowed trips include work, 24/7 sobriety testing, school, child care pickup or drop-off, health appointments, court or probation appointments, counseling, treatment, and aftercare.

Sponsors & Cosponsors

Sponsor

  • Walburg, Tim

    Republican • House

Cosponsors

  • Duhamel, Helene

    Republican • Senate

  • Emery, Eric

    Democratic • House

  • Goodwin, Tim

    Republican • House

  • Heinemann, Leslie J.

    Republican • House

  • Jensen, Kevin D.

    Republican • Senate

  • Kull, David

    Republican • House

  • Moore, Scott

    Republican • House

  • Muckey, Erik

    Democratic • House

  • Perry, Carl

    Republican • Senate

  • Pischke, Tom

    Republican • Senate

  • Reed, Tim S.

    Republican • Senate

  • Wittman, Kadyn

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 115 • No: 0

Senate vote • 3/2/2026

Do Pass

Yes: 33 • No: 0

Senate vote • 2/26/2026

Do Pass

Yes: 4 • No: 0

House vote • 1/29/2026

Do Pass

Yes: 65 • No: 0

House vote • 1/28/2026

Do Pass

Yes: 13 • No: 0

Actions Timeline

  1. Signed by the Governor

    3/9/2026House

  2. Delivered to the Governor

    3/5/2026House

  3. Signed by the President

    3/4/2026Senate

  4. Signed by the Speaker

    3/3/2026House

  5. Senate Do Pass, Passed, YEAS 33, NAYS 0

    3/2/2026Senate

  6. Certified uncontested, placed on consent

    2/26/2026Senate

  7. Senate Judiciary Do Pass, Passed, YEAS 4, NAYS 0

    2/26/2026Senate

  8. Scheduled for hearing

    2/26/2026Senate

  9. First read in Senate and referred to Senate Judiciary

    2/2/2026Senate

  10. House of Representatives Do Pass, Passed, YEAS 65, NAYS 0

    1/29/2026House

  11. Certified uncontested, placed on consent

    1/28/2026House

  12. House Judiciary Do Pass, Passed, YEAS 13, NAYS 0

    1/28/2026House

  13. Scheduled for hearing

    1/28/2026House

  14. First read in House and referred to House Judiciary

    1/26/2026House

Bill Text

  • Introduced

    1/23/2026

    PDF

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