South Dakota legislation · 101st Legislature (2026)
South Dakota HB1126: revise a provision related to driving under the influence.
Status: Signed into law, March 9, 2026
What the bill says
An Act ENTITLED An Act to revise a provision related to driving under the influence.
From the enrolled text, March 3, 2026:
An Act ENTITLED An Act to revise a provision related to driving under the influence. Be it enacted by the Legislature of the State of South Dakota: Section 1. That § 32-23-4.9 be AMENDED: 32-23-4.9. If a conviction for a violation of § 32-23-1 is for a sixth or subsequent offense, and the person had at least five convictions of § 32-23-1 occurring within twenty-five years of the violation being charged, and at least two of those prior convictions occurred within ten years, the violation is an aggravated offense and the person is guilty of a Class 4 felony. If a person is convicted of an aggravated offense and the person has at least five convictions of § 32-23-1 occurring within fifteen years of the violation being charged, the court must sentence the person to at least six years in a state correctional facility, one year of which must be served on parole, unless refused pursuant to § 24-15A-15. Any term of parole must include at least one of the following: enrollment in an alcohol or drug accountability program, an ignition interlock, a breath alcohol interlock, an alcohol monitoring bracelet, or another enhanced monitoring tool. The court may suspend this sentence only if the court orders the person to participate in and complete a drug court program, DUI court program, …
Sponsors
- Tim Walburg (R, HD-008) · primary sponsor
- Helene Duhamel (R, SD-032)
- Eric Emery (D, HD-026)
- Timothy Goodwin (R, HD-030)
- Leslie Heinemann (R, HD-025)
- Kevin Jensen (R, SD-016)
- David Kull (R, HD-002)
- Scott Moore (R, HD-023)
- Erik Muckey (D, HD-015)
- Carl Perry (R, 03)
- Tom Pischke (R, 25)
- Tim Reed (R, 07)
Latest actions
- : Signed by the Governor
- : Delivered to the Governor
- : Signed by the President
- : Signed by the Speaker
- : Do Pass
- : Certified uncontested, placed on consent
- : Do Pass
- : Scheduled for hearing
- : First read in Senate and referred to Judiciary
- : Do Pass
Votes
- Do Pass (March 2, 2026): 33 yea, 0 nay, passed
- Do Pass (February 26, 2026): 4 yea, 0 nay, passed
- Do Pass (January 28, 2026): 13 yea, 0 nay, passed
- Do Pass (January 27, 2026): 65 yea, 0 nay, passed
Subjects: Penalty, Motor Vehicles, Controlled Substances
Common questions
- What is HB1126?
- HB1126 is a bill in the South Dakota Legislature (101st Legislature (2026)): revise a provision related to driving under the influence.
- What does HB1126 do?
- In its own words: An Act ENTITLED An Act to revise a provision related to driving under the influence.
- What is the status of HB1126?
- Signed into law as of March 9, 2026. Latest action: Signed by the Governor (March 9, 2026).
- Who sponsored HB1126?
- Tim Walburg (R, HD-008), with 11 co-sponsors.
- Where is the official record for HB1126?
- On the South Dakota Legislature website: https://sdlegislature.gov/Session/Bill/27046
Source: official South Dakota record. Tracked by Delilah, AI for legislation across all 50 states and Congress.