South Dakota DUI Laws, Penalties, and License SuspensionSouth Dakota drunk driving laws have become more and more complicated and the penalties are more harsh that ever. The amount of alcohol a person can consume is becoming less and the effort to crack down on DUI's is rising. Most people arrested for drunk driving have never been in trouble with the law before, this will be the first time they were handcuffed, put into the back of a police car, and tried by the state in court.
The DMV and court process is confusing and there is no room for even the slightest error. Knowing the laws, penalties, fees and process is extremely important. The biggest mistake you can make is assuming that you don't need to speak to a lawyer. DUIs are very complex and a lot is at stake. If you plead guilty to a DUI, your guilty. No reducing, no plea bargaining, just guilty. Give your case a change, talk to a lawyer. You can schedule a free, no obligation consultation with an attorney today by calling (877) 678-5640.
South Dakota Laws
The following driving actions are illegal in the State of South Dakota:
- All drivers with a BAC of .08 or higher.
- Under 21 with a BAC of .02 or higher.
- Commercial Vehicle Driver with a BAC of .04 or higher.
South Dakota Penalties
First Drunk Driving Conviction
The first time you are arrested for drunk driving in the State of South Dakota your drivers license will be suspended for a minimum of 30 days. You will also receive a fine up to $1,000 and you could spend up to 1 year in jail.
Second Drunk Driving Conviction
The second DWI you are convicted of will cost you a fine up to $1,000 and you will lose your driving privileges for a period of 1 year. The court may also sentence you up to 1 year in jail. You will also be ordered to complete a court approved chemical dependency program and provide proof of financial responsibility. If these are completed, the court may issue a restricted permit for purposes of employment, school or attendance at other counseling programs.
Third Drunk Driving Conviction
The 3rd time you are convicted of drunk driving in the State of South Dakota you will be charged with a Class 6 Felony. You will be fined up to $2,000 and imprisoned up to 2 years. Your drivers license will be suspended for a minimum of 1 year after your release from jail. You will also be ordered to complete a court approved chemical dependency program and provide proof of financial responsibility. If these are completed, the court may issue a restricted permit for purposes of employment, school or attendance at other counseling programs.
South Dakota Drivers License Issues
The implied consent law in the State of South Dakota means that operators of a motor vehicle on the roadways of South Dakota consent to a chemical test of their blood breath or urine to determine the amount of alcohol, drugs or other intoxicating substances that may render them incapable of driving safely. If you refuse such a test, your drivers license can be suspended for a period of 1 year and the refusal will be used as evidence against you in a DUI trial.
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