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Father Pleas for Tougher Drunk Driving Laws

November 14, 2013 - The father of a 25-year woman who was killed earlier this year in a drunk driving crash near Pickstown, South Dakota is leading the charge for stricter DUI laws and a lowered legal limit. (MORE)

DUI Arrest in Rapid City Fatal Accident

November 24, 2013 - Rapid City Police have arrested a 27-year old man for DUI after he crashed his Dodge Charger into a Nissan, killing one of his passengers and injuring several other people. (MORE)

South Dakota DUI Laws

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South Dakota DUI / DWI laws make it a crime for you to drive while under the influence of alcohol or drugs. It is a per se violation to have a blood or breath alcohol level (BAC) of .08 percent or higher (less for commercial and underage drivers). Even if your BAC is under the legal limit, you can be guilty of impaired driving if the prosecution can prove its case with other evidence such as erratic driving patterns and field sobriety tests. A DUI lawyer is best qualified to challenge the credibility of the evidence to make certain you have the best possible outcome for your case.

South Dakota "looks back" 10 years at the number of DUI convictions to determine whether the defendant is charged with a first, second, third or subsequent offense. Conviction penalties will vary depending on the facts and circumstances of your case but might include fines, incarceration, alcohol evaluation (for high-BAC drivers), community service, home confinement with electronic monitoring, intensive supervision, probation, victim impact panel and special assessments/surcharges (e.g., you may be required to pay the cost of confinement in county jail). A lawyer specializing in South Dakota DUI can tell you what to expect in your case.

Like other states, South Dakota has an implied consent law that makes it a crime to refuse a request for chemical testing (with probable cause) for drugs and alcohol. However, unlike other states, South Dakota is one of the only jurisdictions that does not utilize ignition interlock devices (as a penalty, condition for driving or other application). The laws are constantly evolving, so it is best to consult a South Dakota DUI lawyer for the most current information.

South Dakota DUI/DWI Laws and Penalties

State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.

Blood Alcohol Content/Concentration ("BAC")

South Dakota BAC laws may differ from those of other states, as follows.

South Dakota BAC Laws
Per Se Violation BAC of .08 or higher
"Zero Tolerance" (BAC for Someone Under 21) .02 or higher
Commercial Driver's License Holder* .04 or higher (while operating a commercial vehicle)
Implied Consent to Submit to a BAC Test
  • Yes, by getting a South Dakota driver's license, you give consent to submit to a BAC test (breath alcohol test or blood analysis)
  • Failure to submit to a BAC test will result in the suspension of your driver's license

Criminal Court Conviction - Mandatory Fines and Penalties

(Penalties imposed by the criminal court system)

First DUI/DWI Offense
License Suspension 30 days to 1 year (may have conditional license)
Prison Term and Community Service Up to 1 year in jail; maybe community service
Fines, Fees, and Surcharges Approx. $1,000 or higher**
Vehicle Penalties Potential impound or confiscation
Drug and Alcohol Education, Assessment and Treatment Possible alcohol education and treatment
Second DUI/DWI Offense
License Suspension At least 1 year (may have conditional license)
Prison Term and Community Service At least 1 year in jail; maybe community service
Fines, Fees, and Surcharges Approx. $1,000 or higher**
Vehicle Penalties Potential impound or confiscation
Drug and Alcohol Education, Assessment and Treatment Possible alcohol education and treatment
Third DUI/DWI Offense
License Suspension At least 1 year (may have conditional license)
Prison Term and Community Service Up to 2 years in jail; maybe community service
Fines, Fees, and Surcharges Approx. $2,000 or higher**
Vehicle Penalties Potential impound or confiscation
Drug and Alcohol Education, Assessment and Treatment Possible alcohol education and treatment
Aggravating Factors that Can Alter DUI/DWI Penalties***
Vehicular Manslaughter
Driving with Children in the Car
Higher BAC (above the enhanced penalty)
Zero Tolerance DUI/DWI
Driving While Under the Influence of Drugs
Out-of-State DUI/DWI Convictions
Reckless Driving/Accident

*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.

Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, South Dakota Legislature

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