A Charles Mix County defendant could not be charged with driving under the influence of alcohol in June 2013, because it was not illegal at that time. That’s the argument of a Lake Andes lawyer before the South Dakota Supreme Court on Tuesday.
Timothy Whalen says the South Dakota legislature inadvertently removed alcohol from DUI intoxicants in 2012. But the state says it clearly was not the legislature’s intent to eliminate alcohol-related DUI.
SD Supreme Court Argument: Driving Under Influence Of Alcohol Not Illegal For Two-Year Stretch
