Stay up to date with Responsibility.org

State Map

SELECT A STATE from the National Totals dropdown menu to view statistics about impaired driving and underage drinking.

SELECT A LAW to view the details of each state’s impaired driving and underage drinking laws.

See how your state measures up to the rest of the country!

State Law: DUID Zero Tolerance and Per Se Laws
  • Zero tolerance for some drugs
  • Per se limit greater than zero for some drugs
  • Reasonable inference law with a limit greater than zero for THC
  • Impairment-based statute only

* Under a zero tolerance law, it is illegal to drive with any measurable amount of specified drugs in the body.

To submit a law update, please contact out Director of Traffic Safety at [email protected]

South Dakota

2016 Alcohol-Impaired Driving Fatality Data South Dakota National
Total Alcohol-Impaired Driving Fatalities 46 10,497
Percent of Alcohol-Impaired Driving Fatalities of Total Fatalities 39.7 28.0
Under 21 Alcohol-Impaired Driving Fatalities 7 1,031
Percent of Under 21 Alcohol-Impaired Driving Fatalities of Total Under 21 Fatalities 31.8 22.3
2016 Alcohol-Impaired Driving Fatalities per 100,000 Population
Alcohol-Impaired Driving Fatalities per 100K population 5.3 3.3
Under 21 Alcohol-Impaired Driving Fatalities per 100K population 2.8 1.2
2007-2016 % Change in Alcohol-Impaired Driving Fatalities per 100K Pop
10-year Change in Alcohol-Impaired Driving Fatalities per 100K pop -3.5 -24.7
10-year Change in Under 21 Alcohol-Impaired Driving Fatalities per 100K pop 9.3 -44.8
Percent of Alcohol-Impaired Driving Fatalities Involving high BAC drivers (.15+)*
BAC=.15+ 61.1 70.3
Percent of Drivers in Fatal Crashes Involving Repeat Offenders
BAC .08-.14 20.0 26.6
BAC .15+ 80.0 73.4
12-20 Year Old Alcohol Consumption (latest available)
Past Month Alcohol Consumption (2015-2016) 23.6 19.8
Binge Drinking in Past 30-days (2015-2016) 16.9 12.7
2016 Arrest Data
Under 18: Driving under the influence 77 5,135
Total: Driving under the influence 7,196 1,017,808
Under 18: Liquor laws 569 29,073
Total: Liquor laws 2,596 234,899
Under 18: Drunkenness 14 3,805
Total: Drunkenness 2,538 376,433

Alcohol-Impaired Driving Fatality Data Source: NHTSA/FARS, 10/17

*Among drivers with a known alcohol test result

Youth Consumption Data Source: SAMHSA, Office of Applied Studies, National Surveys on Drug Use and Health, 12/2017 (https://www.samhsa.gov/data/sites/default/files/NSDUHsaePercents2016/NSDUHsaePercents2016.pdf)

Arrest Data Source: 2016 FBI Uniform Crime Report (Tables 18, 20 and 22)

**Drunkenness is not considered a crime in some states; therefore, the figures may vary widely from state to state

Limited, incomplete, or no data were reported by the District of Columbia, Florida, Illinois, and New York in the 2016 Uniform Crime Report. Data should be used with caution and should not be compared to other states or previous year data.

Note: Because the number of agencies submitting arrest data varies from year to year, users are cautioned about making direct comparisons between 2016 arrest totals and those published in previous years’ editions of Crime in the United States. Further, arrest figures may vary widely from state to state because some Part II crimes of the Uniform Crime Report are not considered crimes in some states.

We all can work to end impaired driving. Learn how here.

For a comprehensive report on 2017 (latest available) State of Drunk Driving Fatalities in America, click here.

State Law State Law Detail
24/7 Programs Statewide program
Administrative License Suspension/Revocation No ALS/ALR law
BAC Test Refusal Administrative penalties
Drug Evaluation and Classification Program 16-50 DREs
DUI Child Endangerment Laws No DUI child endangerment law
DUI Look-back Periods Ten years
DUID Zero Tolerance and Per Se Laws Zero tolerance for some drugs
Oral Fluids no law, oral fluids test used
Enhanced Penalties for High-BAC 0.17
Felony DUI Third offense
Good Samaritan Good Samaritan law enacted
Habitual Offender Designation No Habitual Offender Law
Marijuana Drug-Impaired Driving Laws Zero tolerance for THC and metabolites (applies only to drivers under age 21)
Open Container - Alcohol In compliance with Federal requirements
Sobriety Checkpoints Permitted
DUI Courts - Standalone 1-5 DUI Courts
DUI Courts - Hybrid No Hybrid Courts
Open Container - Marijuana No marijuana open container law
DUID Affirmative Defense No affirmative defense
Ignition Interlocks Discretionary
Top Detected Drug Category by State (2017) Cannabis