Changes to Existing Law

It is a Class 2 misdemeanor for any person under the age of twenty-one years to5 drive, operate, or be in actual physical control of any vehicle: (1)If there is physical evidence of 0.02 percent or more by weight of alcohol in the7 person's blood as shown by a chemical analysis of the person's breath, blood, or other8 bodily substance; or (2)After having consumed marijuana or any controlled drug or substance, other than a controlled drug or substance lawfully prescribed for the person, for as long as11 physical evidence of the consumption remains present in the person's body; or (3)After having consumed a controlled drug or substance lawfully prescribed for the person and if the person is under the influence of the drug or substance to a degree 100 copies were printed on recycled paper by the South DakotaLegislative Research Council at a cost of $.167 per page.v Insertions into existing statutes are indicated by underscores.Deletions from existing statutes are indicated by overstrikes. - 2 -HB 1049 that renders the person incapable of safely operating the motor vehicle. If a person is found guilty of or adjudicated for a violation of this section, the Unified2 Judicial System shall notify the Department of Public Safety. Upon conviction or adjudication, the court shall suspend that person's driver's license or operating privilege for a period of thirty4 days for a first offense, one hundred eighty days for a second offense, or and one year for any5 third or subsequent offense. However, the The court may, upon proof of financial responsibility6 pursuant to § 32-35.43.1 under § 32-35-43.1, issue an order permitting the person to operate a7 vehicle for purposes of the person's employment, attendance at school, or attendance at any counseling programs program.9