32-23-3. Punishment for second offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege for certain purposes.
If conviction for a violation of §32-23-1 is for a second offense, such person is guilty of a Class 1 misdemeanor, and the court shall, in pronouncing sentence, unconditionally revoke the defendant's driving privilege for a period of not less than one year. However, upon the successful completion of a court-approved chemical dependency program, and proof of financial responsibility pursuant to §32-35-113, the court may permit the person to drive for the purposes of employment, 24/7 sobriety testing, attendance at school, or attendance at counseling programs. If such person is convicted of driving without a license during that period, the person shall be sentenced to the county jail for not less than three days, which sentence may not be suspended.
Source: SL 1953, ch 246, §1; SDC Supp 1960, §44.9922 (2); SL 1973, ch 195, §6; SL 1977, ch 189, §113; SL 1982, ch 247, §1; SL 1994, ch 261, §1; SL 2006, ch 168, §6; SL 2008, ch 161, §2, eff. Feb. 27, 2008.