Bill > HB1126

This bill revises provisions related to driving under the influence (DUI) offenses in South Dakota, specifically focusing on repeat offenders. It clarifies that a sixth or subsequent DUI conviction, where at least five prior convictions occurred within twenty-five years and at least two of those were within ten years, is considered an aggravated offense, leading to a Class 4 felony charge. For such aggravated offenses, if the person has at least five prior convictions within fifteen years, the court is mandated to sentence them to at least six years in a state correctional facility, with one year served on parole, unless refused. This parole period must include enhanced monitoring such as an alcohol or drug accountability program, ignition interlock devices, or alcohol monitoring bracelets. The court can only suspend this sentence if the person participates in and completes a drug court, DUI court, veterans treatment court, or mental health court program as a condition of probation. Additionally, the bill mandates a driver's license revocation of at least three years from the sentencing or release date, whichever is later, and imposes a minimum twenty-day jail sentence for driving without a license during this revocation period, which cannot be suspended. The court can allow limited driving privileges for employment, education, or treatment purposes upon successful completion of a chemical dependency program and proof of financial responsibility. Offenders on probation or parole will also face enhanced monitoring requirements.

Justice

https://sdlegislature.gov/#/Session/Bill/27046