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Underage Drinking

South Dakota

The policy topics, below, address statues and regulations related to underage drinking and access to alcohol.

Possession is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • parent/guardian
  • OR spouse

Consumption is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • parent/guardian
  • OR spouse

Internal possession is not explicitly prohibited.

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

Furnishing is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • parent/guardian
  • OR spouse

  • 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

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

BAC limit: 0.02 - a BAC level above the limit is per se (conclusive) evidence of a violation.

Applies to drivers under age 21.

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

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

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

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).

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.