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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
  • Penalty may include driver's license suspension through a judicial 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

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