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South Dakota DUI Laws


South Dakota DUI Laws define DUI as a crime with ample punishments and sanctions. While most of the states in the country consider vehicle to mean cars, trucks, and any land transportation as a vehicle, the state of South Dakota has a broad definition of the word “vehicle”.

Driving a bicycle while you are intoxicated will warrant an arrest. This is also applies if you are horseback riding while intoxicated. If you are driving a vehicle intoxicated with alcohol and/or drugs and this can impair your driving skill, you will be arrested for DUI. The same also holds true if your blood alcohol content reaches the 0.08% or higher mark.

The implied consent law is used during an arrest to request the driver to take a BAC test. This is done to determine the alcohol content of the driver. Refusing the test will imply that you are guilty and this piece of evidence will be used against you.

Unlike other states where you are tried in two cases, for South Dakota, it will only be in the court case. The role of the Department of Motor Vehicles will be to coordinate the license suspension with the court. There is no separate hearing for this. Although this may be the case, you still need to get a competent DUI lawyer to represent you in court.

Upon trial and found guilty of a DUI, the court will impose the jail time, fines, alcohol education programs, increased insurance coverage, as well as license suspension. Here is a list of the sanctions:

1. First DUI conviction – jail time of up to 1 year, fine of $1,000, and 30 days to 1 year license suspension;
2. Second DUI conviction – jail time of up to 1 year, fine of $1,000, and 180 days to 1 year license suspension; and
3. Third DUI conviction – jail time of up to 2 years, fine of $2,000, and 1 year license suspension. Classified as class 6 felony offense.
After serving your license suspension, you have the option to apply for a restricted license providing you can present a proof of financial responsibility in the form of your SR22 insurance. South Dakota DUI Laws also mandate a mandatory complete chemical dependency program for the second and third offenders.

The state has a 10-year washout period policy wherein you can still be considered as a first-time DUI offender if you have committed your previous offense outside the specified period.