South Dakota DUI Laws
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 |
|
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