South Dakota Public Intoxication Penalties (2026)

Public intoxication and drunk in public charges charges in South Dakota: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing public intoxication charges in South Dakota, consult a licensed South Dakota criminal defense attorney.

South Dakota Public Intoxication Penalties

OffensePenalty
First OffenseClass 2 misdemeanor: up to 30 days, $500 fine
Second OffenseClass 1 misdemeanor: up to 1 year

SDCL §35-9-1

Public Intoxication Statute of Limitations in South Dakota

In South Dakota, the general statute of limitations for a felony is 7 years and for a misdemeanor is 7 years.

See all South Dakota statutes of limitations →

Defending Against Public Intoxication Charges in South Dakota

Common defenses in South Dakota public intoxication cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a South Dakota criminal defense attorney for advice.

Related South Dakota Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering