South Dakota Representative pushing for new DUI bill in 2024

RAPID CITY, S.D. (KOTA) – Data collected from 2021 shows more than five thousand five hundred people were arrested in South Dakota for DUI’s that year, an increase of 12% from 2020. One South Dakota legislator plans to propose a bill to eliminate “presumptive probation” for repeat DUI offenders.

District 12 Representative Mary Fitzgerald is planning to introduce a bill aimed at addressing the inconsistency with DUI laws in South Dakota. According to Fitzgerald, the inconsistencies lie with state law requiring a mandatory two-year prison sentence for a fourth DUI offense, yet a conflicting statute allows for what is called “presumptive probation” for the same crime. Her goal is to add third and fourth DUI offenses to the list of crimes not eligible for presumptive probation.

“A third offense DUI is a class six felony. Right now that offender is eligible for a presumption of probation. So not only am I going to add a third offense to twenty-two dash six eleven, but I’m going to add a fourth offense because of the mandatory minimums that we set before the legislature last year in Pierre,” said Fitzgerald.

According to Fitzgerald, the purpose of the bill is to keep South Dakota’s roads safer.

“I think it’s very important to try to keep our highways safe in South Dakota. I think it’s a core obligation of the government to keep our communities safe from impaired drivers. And I think those responsibilities include repeat drunk drivers,” said Fitzgerald.

Fitzgerald went on to say the bill has received positive feedback and support from other legislators and is hopeful it will be passed when she presents it in January.

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