This guide is for general information only and is not legal advice. Laws change — verify current rules with your state DOT or a licensed attorney before relying on this for any legal matter. Read full disclaimer.
The rule
In South Dakota, the DUI statute does not apply to bicyclists — it covers motor-vehicle operators only. South Dakota's DUI statute (SDCL § 32-23-1) applies to anyone in actual physical control of a 'vehicle,' but the general vehicle definition in SDCL § 32-14-1 expressly excludes devices moved exclusively by human power. As a result, the DUI statute does not reach bicycle riders. An impaired cyclist who endangers others may instead be charged under reckless-operation or public-intoxication statutes. See SDCL § 32-23-1 (Driving or control of vehicle while under influence prohibited).
A DUI charge isn't on the table for cyclists in South Dakota, but that's not a license to ride drunk — public-intoxication, reckless-conduct, and disorderly-conduct charges can still apply, and cycling impaired dramatically raises crash risk.