South Dakota Codified Laws 35-1-9.1. Consumption or possession of alcoholic beverage in vehicle a misdemeanor–Exceptions
Current as of: 2023 | Check for updates
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It is a Class 2 misdemeanor for any person occupying a motor vehicle located upon a public highway or the right–of–way of a public highway to consume any alcoholic beverage or have a package or any receptacle containing an alcoholic beverage in that person’s possession unless the seal of the original package remains unbroken or the alcoholic beverage is so removed from the passenger area of the motor vehicle that no occupant of the motor vehicle has access to it.
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 misdemeanor | up to 30 days | up to $500 |
Terms Used In South Dakota Codified Laws 35-1-9.1
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
Source: SDC 1939, § 5.0227 (1); SDCL, § 35-4-87; SL 1971, ch 211, § 4; SL 1977, ch 190, § 124; SL 1999, ch 184, § 1.