| South Dakota DUI Law | | | | can help you to minimize the impact of any testimony |
| It is illegal to drive while under the influence of alcohol | | | | or test results because your attorney can question the |
| or drugs in the state of South Dakota. If you are | | | | validity of the arrest or the reliability of the chemical |
| arrested for and later convicted of this offense, you | | | | test results. |
| face serious penalties that can impact your financial | | | | Driver's License Penalties |
| situation, reputation, and your freedom. You will also | | | | As outlined above, South Dakota has no administrative |
| face the loss of your driving privileges, making it difficult | | | | license suspension process in place for drivers who |
| if not impossible to continue with your daily activities. | | | | are arrested for DUI. However, the courts will impose |
| These penalties make it important for you to contact a | | | | license suspension on convicted offenders. The |
| South Dakota DUI attorney as soon as you are | | | | suspension period is 30 days for the first offense, a |
| arrested for a DUI/DWI offense. A skilled South | | | | one year revocation for a second offense, and a one |
| Dakota DUI lawyer will be able to review the facts of | | | | year revocation for a third offense. If you have |
| your case and plan a defense that gives you the best | | | | refused to submit to chemical testing, your license will |
| chance of winning your case or minimizing the | | | | be suspended for one year whether you were |
| penalties imposed if convicted of driving under the | | | | actually intoxicated or not. |
| influence. | | | | Additional South Dakota Criminal Penalties |
| South Dakota DUI/DWI Law | | | | In addition to the suspension or revocation of your |
| The DUI law in South Dakota is somewhat unique | | | | driving privileges, you will also face penalties that can |
| because of the way that the term "vehicle" is used. In | | | | include jail time, fines, and more. South Dakota has a 10 |
| most states, DUI laws cover motor vehicles such as | | | | year look-back period that helps prosecutors |
| cars, trucks, motorboats, tractors, and similar | | | | determine how to charge an offense. If you have a |
| equipment. South Dakota law expands the definition of | | | | prior drunken driving offense within 10 years of your |
| a vehicle to include almost anything you can ride in or | | | | most recent offense, you will be charged with a |
| on for the purposes of transportation. Riding a bicycle | | | | second or subsequent offense. If prior convictions |
| or even a horse while your blood alcohol content level | | | | occurred more than ten years before your current |
| is above the legal limit can very well be considered a | | | | offense, you will be charged as a first time offender |
| DUI offense and you may be arrested and prosecuted | | | | and will face the penalties for a first time offense. The |
| for DUI. South Dakota is also one of the states that | | | | fines associated with a DUI conviction are $300 for a |
| use the concept of implied consent within the DUI laws. | | | | first offense, $1,000 for a second offense, and $3,500 |
| This means that you imply your consent to chemical | | | | for a third offense. Jail terms for DUI offenses in South |
| testing simply by using the roadways and operating a | | | | Dakota are 48 hours for first and second offenses, 60 |
| vehicle within the state. You do not have the right to | | | | days for a third offense, and one year for a fourth |
| refuse chemical testing in South Dakota if you have | | | | offense. You may also be sentenced to community |
| been lawfully arrested for a DUI offense. South | | | | service or house arrest at the discretion of the court. |
| Dakota is one of the few states that do not have an | | | | You may be required to install an ignition interlock |
| administrative license suspension or revocation | | | | device on your vehicle for the purposes of making |
| associated with a DUI arrest. Any suspension or | | | | sure that you cannot drive while there is a measurable |
| revocation is ordered by the court as a part of the DUI | | | | amount of alcohol in your body. If you have a third |
| criminal trial. | | | | conviction within a ten year time period, your vehicle |
| DUI Prosecution | | | | will be seized by the state. If you are sentenced to |
| If you are arrested lawfully for a DUI offense, you will | | | | treatment or alcohol assessment, it may be at your |
| be prosecuted under the DUI laws of the state of | | | | own cost and you may be required to comply with |
| South Dakota. There are two ways in which you can | | | | any recommendations made by the assessment |
| be prosecuted for a driving under the influence charge | | | | professional. |
| in South Dakota. One is the traditional, common law | | | | Because of the criminal penalties associated with DUI |
| definition of driving under the influence. In this type of | | | | in South Dakota, DUI is an offense that you want to |
| case, the prosecutor will try to show that you were | | | | avoid. Being arrested for and convicted of a DUI |
| impaired as a result of alcohol or drug consumption. | | | | offense can impact your family life, make it impossible |
| Information about your appearance, driving habits, and | | | | for you to apply for and receive a better job, lead to |
| field sobriety test results may be introduced to show | | | | the loss of your freedom, impact your financial |
| that you were impaired at a level that prevented you | | | | situation, and taint everything in your life. If you want to |
| from safely operating your vehicle. Another way you | | | | have the best chance of successfully defending |
| can be prosecuted is under the "per se" law in South | | | | yourself against DUI charges in South Dakota, you |
| Dakota. The prosecutor using this method of | | | | need to hire a South Dakota DUI attorney. A skilled |
| prosecution does not have to show any particular level | | | | and experienced attorney will be able to review your |
| of impairment. It simply must be proven that your blood | | | | case and come up with the best course of action to |
| alcohol concentration level exceeded the legal limit of | | | | pursue. Even if you are convicted, your South Dakota |
| 0.08% at the time of chemical testing. Having a | | | | DUI lawyer may be able to minimize the penalties |
| qualified South Dakota DUI attorney representing you | | | | imposed by speaking on your behalf. |