As per the South Dakota DUI law chapter 32-23, a person under the influence of drugs or alcohol (blood alcohol concentration level of 0.08% or more), driving a motor vehicle in the South Dakota State, is punishable and can be arrested for DUI (driving under intoxication) or DWI (driving while intoxicated).
If the officer can establish reasonable grounds that point towards a DUI stop, then a sobriety test is valid. The officer can request the person to submit to a chemical test (for judging the blood alcohol concentration level) under South Dakota Implied Consent Law. A South Dakota DUI/DWI attorney can help you in defense if you have been arrested as an offender.
Listed below are the implications of the South Dakota DUI/DWI offense.
South Dakota First Offense DUI
Such offense is classified as Class 1 Misdemeanor offense, which carries below mentioned penalties:
- License Suspension: The license can revoke for a period of 30 days to a year. Offenders can be eligible for restricted driver’s license. After the suspension period, the convicted has to present proof of financial responsibility through the South Dakota SR22 Insurance Policy that abides with the limit of minimum auto insurance liability coverage.
- Prison Time: The jail term can extend up to a year. Resting on the court’s discretion, the person can be charged a fine, ordered to serve a jail term, or a combination of both.
- Fines: A fine of $2,000 with court costs may charge. Payment of license reinstatement fee to MVD can be anywhere between $50 and $200.
- Test Refusal: It can lead to suspension of driving license for at least a year.
- Ignition Interlock: May be required.
South Dakota Second Offense DUI
Such offense is classified as Class 1 Misdemeanor offense, which carries below mentioned penalties:
- License Suspension: A driver license can suspend by MVD (Motor Vehicles Department) for at least a year. The offender can be eligible for a restricted driver license if they meet clauses for one and completes a court-approved chemical dependency program. The license reinstatement fees and proof of financial responsibility are the same as those for South Dakota First Offense DUI.
- Prison Time: Jail term can be up to 1-year.
- Fines: The fine includes court costs and an amount up to $2,000.
- Test Refusal: It can lead to 1-year license suspension.
- Ignition Interlock: May be required.
South Dakota Third Offense DUI
Such offense is defined as Class 6 Felony offense and leads to the following penalties:
- License Revocation: The offender can be eligible for a restricted driver license after completing the suspension period that can be up to a year. License reinstatement fee and presentation of financial responsibility requirements are the same as South Dakota First and Second Offense DUI.
- Prison Time: Jail term may extend up to 2 years in jail.
- Fines: The fine includes court costs and an amount up to $4,000.
- Test Refusal: It may lead to 1-year license suspension.
- Ignition Interlock: May be required.
South Dakota Fourth Offense DUI
Such offense is classified as Class 5 Felony offense, which includes the following penalties:
- License revocation: Driver’s license can revoke for a minimum of 2 years. Requirement of financial responsibility proof and restricted driver’s license, and reinstatement fees are same as that of South Dakota First, Second, and Third Offense DUI.
- Prison time: Jail term can extend up to 5 years.
- Fines: The fine includes court costs and $10,000.
South Dakota Fifth or Subsequent Offense DUI
Such offense is classified as Class 4 Felony offense, which leads to the following implications:
- License Suspension: A driver license can revoke for a minimum of 3 years. License reinstatement fee and presentation of financial responsibility requirements are the same as South Dakota First, Second, Third, and Fourth Offense DUI.
- Prison Time: Jail term can extend up to 10 years.
- Fines: The resulting fine can be up to $20,000 with court costs.
South Dakota DUI Under 21 Years of Age
- 21 years old, if found to have consumed drugs or alcohol with a blood alcohol concentration level of 0.02% or more, can be arrested on the grounds of violating the “zero tolerance” law of the state of South Dakota.
- They can be arrested for underage drinking and driving and accounted for a Class 2 Misdemeanor offense.
- A first and second offense will lead to suspension of driver’s license for 30 days and 180 days, respectively, while the third offense will lead to suspension of up to a year.
Source: http://www.duiprocess.com/state/SD/duilaws.php
Frequently Asked Questions
1. What are the South Dakota SR22 requirements?
Prior to reinstating your driver license after revocation or suspension, the South Dakota MVD will need you to file an SR22 form. You will have to carry the SR22 insurance for the tenure of 3 years. Suppose there is any lapse in insurance within this period. In that case, the insurance provider has to inform the South Dakota MVD immediately, which then suspends the license, and you will then have to re-file the SR22 form.
2. Will the South Dakota DUI/DWI conviction consider my driving record?
The DUI/DWI conviction will consider your South Dakota driving record.
3. Will my defense lawyer be able to negotiate/plea/bargain my South Dakota charge down to other lesser offenses?
There is no anti-plea bargaining statute in South Dakota. Therefore, the attorney can help reduce or dismiss the charges if they can provide reasons for dismissal or reduction in writing on the record and file the reasons with the court clerk.
Consult a South Dakota DUI/DWI Attorney Today
If you or someone you know has been arrested for South Dakota DUI/DWI, have an oncoming reinstatement of driver license, or any query/issue on this legal area, you can consult an experienced South Dakota DUI/DWI Attorney for an immediate consultation and get apt guidance and solution.