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DUI Laws in South Dakota

Did you know if you drive your motor vehicle at anytime in South Dakota with a blood alcohol level of .08 or higher, it is against the law? If you are caught driving with a blood alcohol concentration (BAC) of .08 or above you will be arrested and could end up losing your driver’s license and even your freedom. The South Dakota DUI/DWI law includes alcohol, drugs and other controlled substances such as prescription drugs. So, using a prescription drug defense will not get you off the hook.

 
 

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Bill no.1239 changes DUI laws in South Dakota

In 2008 the Governor of South Dakota signed House Bill no. 1239 which made a few changes to Dakota’s DUI laws. Here is a summary of the Bill (Permits persons convicted of driving under the influence to operate a vehicle for 24/7 sobriety testing, declares an emergency, relates to proof of financial responsibility and attendance at employment, schools or counseling programs.

First Time - DUI Offense in South Dakota

The first time you are arrested for drunk driving in the State of South Dakota:

  • Your driver’s license will be suspended for a minimum of 30 days.
  • You will also receive a fine up to $1000 and you could spend up to a year in jail.

Second Time - Dui Offense in South Dakota

The second time you are convicted of drunk driving in South Dakota will cost you:

  • A fine up to $1,000
  • Your driver’s license will be suspended 1 year.
  • At the discretion of the judge, you could be sentenced you up to one year in jail.
  • You will be ordered to complete a court approved chemical dependency program
  • You will be ordered to provide proof of financial responsibility.
  • At the discretion of the court, you may be allowed a restricted permit for purposes of employment, school or attendance at other counseling and treatment programs.

Third Time – DUI offense in South Dakota

Your third convicted of drunk driving in the State of South Dakota is taken very seriously:

  • You will be charged with a Class 6 Felony.
  • You will be fined up to $2000
  • You will be imprisoned for up to 2 years.
  • After your release from jail, your driver’s license will be suspended for a minimum of 1 year.
  • You will be ordered to complete a court approved chemical dependency program.
  • You will have to show proof of financial responsibility.
  • The court may issue a restricted permit for purposes of employment, school or attendance at other drunk driving programs.

If you decide to drive a motor vehicle while under the influence of any controlled substances in the State of South Dakota you basically give your consent to a drunk driving test to determine alcohol content in your system. So think twice before you drink and drive in South Dakota.