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State Profiles of Underage Drinking Laws

- South Dakota -

Underage Drinking: Underage Possession of Alcohol

Possession is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • parent/guardian
  • OR spouse

Underage Drinking: Underage Consumption of Alcohol

Consumption is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • parent/guardian
  • OR spouse

Underage Drinking: Underage Purchase of Alcohol

Purchase is prohibited and there is NO ALLOWANCE for youth purchase for law enforcement purposes.

Underage Drinking: Furnishing Alcohol to Minors

Furnishing is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • parent/guardian
  • OR spouse

Underage Drinking: Minimum Ages for On-Premises Servers and Bartenders

Beer: 18 for servers and 21 for bartenders
Wine: 18 for servers and 21 for bartenders
Spirits: 18 for servers and 21 for bartenders

Condition(s) that must be met in order for an underage person to sell alcoholic beverages:

  • manager/supervisor is present

Underage Drinking: False Identification for Obtaining Alcohol

Provision(s) targeting minors:

  • Use of a false ID to obtain alcohol is a criminal offense
  • No driver's license suspension procedure

Provision(s) targeting retailers:

  • Specific affirmative defense - the retailer inspected the false ID and came to a reasonable conclusion based on its appearance that it was valid
  • Retailer has the authority to detain a minor suspected of using a false ID in connection with the purchase of alcohol

Blood Alcohol Concentration (BAC) Limits: Youth (Underage Operators of Noncommercial Motor Vehicles)
BAC limit: 0.02 - a BAC level above the limit is per se (conclusive) evidence of a violation.

Applies to drivers under age 21.

Retail Sales: Keg Registration

Keg definition: 8.00 or 16.00 gallons

Purchaser information collected:

  • purchaser's name and address
  • Warning information to purchaser: Not Required

    Deposit: not required

    Provisions do not specifically address disposable kegs

    Notes:
    A "keg" is defined as an eight or sixteen gallon reusable plastic or metal container.

    Underage Drinking: Use/Lose: Driving Privileges

    Type(s) of violation leading to driver's license suspension, revocation, or denial:

    • Underage purchase
    • Underage possession
    • Underage consumption

    Use/lose penalties apply to minors under age 21

    Authority to impose driver's license sanction

    • discretionary

    Length of suspension/revocation:

    • Minimum: 30 days
    • Maximum: 365 days

    Underage Drinking: Prohibitions Against Hosting Underage Drinking Parties

    Social host law is specifically limited to underage drinking parties.

    Action by underage guest that triggers violation: Consumption

    Property type(s) covered by liability law:

    • Residence
    • Outdoor
    • Other

    Standard for hosts' knowledge or action regarding the party: KNOWLEDGE - host must have actual knowledge of the occurrence

    Preventive action by the host negates the violation (see note).

    Notes:
    The "preventive action" provision in South Dakota allows the defendant to avoid criminal liability by establishing, as an affirmative defense, that immediately upon learning of the illegal consumption, he or she took action to stop the illegal consumption and to secure the contraband alcoholic beverages.

    National Institute on Alcohol Abuse and Alcoholism National Institutes of Health Department of Health and Human Services USA.gov - Government Made Easy