State of South Dakota  
EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012  

464T0583   HOUSE COMMERCE AND ENERGY ENGROSSED    NO.  HB 1245 -  2/6/2012  

Introduced by:    Representatives Greenfield, Hansen (Jon), Russell, Tulson, and Venner and Senator Maher
 

        FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the suspension of a driver license for certain alcoholic beverage violations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 35-9-7 be amended to read as follows:
    35-9-7. If the conviction or adjudication for a violation of § 35-9-1.1 or 35-9-2 is for a first offense, the court shall may, in addition to any other penalty allowed by law, order the suspension of the person's driving privileges for a period not less than thirty days and not to exceed one year. However Moreover, the court may issue an order permitting the person to operate a motor vehicle for purposes of the person's employment or attendance at school or to court-ordered counseling programs during the hours of the day and the days of the week set forth in the order. The court may also restrict the privilege in some other manner as the court may see fit for a period not to exceed one year.
    If the conviction or adjudication for a violation of § 35-9-1.1 or 35-9-2 is for a second or subsequent offense, the court shall may, in addition to any other penalty allowed by law, order

the suspension of the person's driving privileges for a period not less than sixty days and not to exceed one year. However Moreover, the court may issue an order permitting the person to operate a motor vehicle for purposes of the person's employment or attendance at school or to court-ordered counseling programs during the hours of the day and the days of the week set forth in the order. The court may also restrict the privilege in some other manner as the court may see fit for a period not to exceed one year.