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Attorney General Marty Jackley

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S.D Supreme Court holds the 2012 Legislature’s Repeal of Certain Alcohol Laws

FOR IMMEDIATE RELEASE:  Monday, December 29, 2014
CONTACT:  Sara Rabern (605) 773-3215   

South Dakota Supreme Court holds the 2012 Legislature’s Repeal of Certain Alcohol Laws
Does Not Prohibit the Enforcement of DUI Criminal Statutes

PIERRE, S.D. - Attorney General Marty J. Jackley announces that a unanimous South Dakota Supreme Court has held that the 2012 Legislature’s repeal of certain alcohol related statutes did not repeal South Dakota’s DUI criminal laws.  In 2012, the Legislature repealed certain outdated or unnecessary statutes related to the Division of Behavioral Health within the Department of Social Services.  In State v. Mundy-Giedd, 2014 SD 96, the Defendant argued that the enforcement of South Dakota’s DUI statutes was prohibited based upon the Legislature’s 2012 repeal of SDCL 34-20A-93 involving certain drinking and drunkenness prohibitions.

“The South Dakota Legislature and the citizens of South Dakota recognize that driving while impaired by alcohol or drugs is a safety concern.  Especially over the holiday season, please recognize the dangers of impaired driving and act responsibly for everyone’s safety,” said Attorney General Jackley.

The South Dakota Supreme Court held that the 2012 legislative act did not repeal or prohibit the enforcement of any criminal statute.  The Supreme Court went on to emphasize that nothing in the history or purpose of the legislative action suggested that the 2012 Legislature intended to end the enforcement of South Dakota’s DUI criminal statutes.  Finally, the Court observed that the Defendant’s interpretation would produce “absurd and unreasonable results.”