LETTER | South Dakota's DUI laws need more teeth

Drunk driving continues to be a dangerous problem in South Dakota. Data collected from 2021 shows that 5,654 people were arrested in South Dakota for DUI, an increase of 12.7 percent from 2020. The data also showed that 24 percent of intoxicated drivers were repeat offenders. It’s clear the threat to public safety is both real and growing.

The National Highway Traffic Safety Administration (NHTSA) conducted a study by gathering information from states regarding repeat DUI offenders. It showed that one out of eight drunk drivers involved in fatality-related crashes had been arrested for drunk driving within the last three years.

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This month, I’ll introduce a bill before the South Dakota Legislature to eliminate “presumptive probation” for a third offense felony DUI. Right now, offenders receive a presumption of probation for this crime. This puts our families at risk when we travel on our roads and highways.

My bill further addresses an inconsistency with our DUI laws. As it stands, the law requires a mandatory two-year prison sentence for a fourth DUI offense, yet a conflicting statute (SDCL 22-6-11) allows for “presumptive probation” for the same crime. My intention is to correct inconsistency by adding a fourth offense DUI to the list of crimes that are not eligible for presumptive probation. That was the original intent of the law.

Our government’s duty to safeguard its citizens is paramount, and this includes the prevention of avoidable tragedies on our roads and highways. It’s the core obligation of government to protect its citizens, and this responsibility includes the prevention of repeat drunk driving crimes.

Rep. Mary Fitzgerald
District 31, Lawrence County