South Dakota DUI State Law
South Dakota DUI Laws
Under South Dakota DUI laws, individuals who are charged with DUI violations have the right to fight these charges. Unfortunately, many fail to connect with the right South Dakota DUI lawyer and end up facing penalties including jail time, huge fines and even a loss of their driving privileges. You may be able to avoid this by working with an attorney.
South Dakota Blood Alcohol Concentration Laws
Those who have a BAC level of .08 percent will face charges of DUI. More so, if your blood alcohol level is .17 percent or higher, this warrants enhanced charges. Although a judge will determine what those penalties are, they may include double fines, jail time and longer suspensions of driver's licenses.
In addition, South Dakota police officers DO NOT need a chemical test to prove you are drunk and too impaired to drive. They can also use your driving pattern, physical appearance, and failed field sobriety tests to issue charges.
Did you know: Riding a Bicycle Under the Influence can also give way to a DUI Charge?
Implied Consent Law
South Dakota has implied consent laws. These laws state that an individual who is driving on the state's roadways is automatically giving consent to submit to a blood alcohol concentration test if a police officer with reasonable belief you are impaired requests one.
If you refuse a chemical test, you will face automatic 1-year suspension of your driver’s license plus this will be admitted into court as evidence.
A first offense will warrant the following South Dakota DUI penalties:
- Charged with a misdemeanor
- Spend up to 1 year in jail
- Driver's license suspension of 30 days
- $1000 fine
South Dakota has a 10 year look back period. This means if you have been convicted of DUI in the past year and you commit a second crime, you will face second offense charges. These include:
- Charged with a misdemeanor
- Fines up to $100
- Loss of driver's license for 1 year
- Up to 1 year in jail
- Must take a court approved chemical dependency program
- Proof of financial responsibility must be obtained (insurance)
- Restricted permit may be available
A third offense in the same 10 year period will warrant a third offense penalties including:
- A Class 6 Felony charge
- Up to a $2000 fine
- Up to 2 years in jail
- Minimum of 1 year driver's license suspension after jail time
- Court approved chemical dependency program required
- Proof of financial responsibility
- Restricted permit may be available for school and work
Hire a South Dakota DUI Lawyer
Since South Dakota DUI laws are so complex and harsh, it is critical that you obtain the help of a skilled South Dakota DUI lawyer to fight your case for you. They may be able to get charges reduced or dropped altogether.
- If you have been charged with a DUI in South Dakota, Submit Your Case for a Free Review from a skilled DUI Attorney.
Contact South Dakota Drunk Driving Attorneys
Contact our Attorneys to get more information about Drunk Driving in South Dakota: