DUI Law

Drunk Driving Laws in South Dakota

Even with empty roads and little traffic, drivers who have had too much to drink can face an arrest for driving under the influence (DUI). To understand your rights and legal options after a drunk driving arrest, get the advice of a South Dakota DUI defense attorney to help resolve your case.

South Dakota Drunk Driving Laws

South Dakota law prohibits driving with a blood alcohol content (BAC) of .08%. It is also against the law to be under the influence of alcohol, drugs, or any substance to the extent that the driver is not capable of driving the vehicle safely.  

Having a valid prescription for a certain drug is not a defense to driving while under the influence of a prescription drug if it prevents them from being able to safely drive.

Implied Consent: Yes

Enhanced Penalties: BAC of .17% or more; child present in the vehicle; an accident causing serious bodily injury or death; previous convictions within ten years

The BAC is .02% if you are a driver under the age of 21 years old and on a first offense of this type you can face a 30-day license revocation for a first offense, 180 days for a second offense, and 1 year any third or subsequent offense.

The typical penalties you may face in South Dakota for a drunk driving offense include the following:

First offense is a Class 1 Misdemeanor: Driver’s license suspension of 30 days to up to one year. Drivers may qualify for a restricted license to get to their job but will be subject to 24/7 sobriety testing.

Second offense is a Class 1 Misdemeanor: Driver’s license suspension of not less than one year. If you drive during a period when your license is revoked, you could face mandatory jail time of 3 days.

Third offense is a Class 6 Felony: Driver’s license suspension of one year. If you drive during the license suspension period, you can face a mandatory minimum of 10 days in jail.

Fourth offense ​is a Class 5 Felony: Driver’s license suspension of two years. If you drive during the license suspension period, you can face a mandatory minimum of 20 days in jail.

The court may choose to impose additional penalties, such as installing an ignition interlock device (IID), chemical dependency evaluation, and attending alcohol treatment. Finding an experienced criminal defense attorney in South Dakota with experience in criminal DUI cases will help you understand your options and help you avoid the most serious consequences of a drunk driving arrest.

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