No.
There’s a specific South Dakota law that exempts driving under the influence charges for anyone intoxicated while riding an animal, bicycle, tricycle or any non-powered pedal mechanism.
In 2006, then-Gov. Mike Rounds signed the exemption into law stating a bike or horse is a better alternative than someone drinking and driving home.
Other states still consider a bicycle or horse a vehicle under DUI laws. In 2023, North Dakota reduced the penalty for riding a bike or horse while under the influence to a $200 fine.
Sources
South Dakota Codified Law, 32-23-22
National Public Radio, South Dakota drinkers should take bikes or horses home
North Dakota Legislature, House Bill 1506
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