South Dakota DUI State Law

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South Dakota DUI Laws

South Dakota Implied Consent
1st Offense DUI Penalties
2nd Offense DUI Penalties
3rd Offense DUI Penalties

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.

1st DUI Offense

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

2nd DUI Offense

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

3rd DUI Offense

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.

Contact South Dakota Drunk Driving Attorneys


Contact our Attorneys to get more information about Drunk Driving in South Dakota:

  • Aberdeen
  • Brookings
  • Huron
  • Mitchell
  • Pierre
  • Rapid City
  • Sioux Falls
  • Spearfish
  • Vermillion
  • Watertown
  • Yankton
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