Bicycle DUI Laws in South Dakota
Last reviewed by BikeSize EditorialThis 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).
Statute
What this means in practice
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.
Ride sharp, ride legal
Run a 60-second pre-ride safety check
DUI, impairment, and distraction laws all assume you are riding a bike that is actually safe to ride. The M-check takes a minute and catches the things that get you hurt.
See the M-check guide