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South Dakota DUI DWI Laws

HomeDUI-DWI South DakotaSouth Dakota DUI DWI Laws

As per the South Dakota DUI law chapter 32-23, a person under 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).

In case the officer is able to establish reasonable grounds that points towards DUI stop, then 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 to 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: License can be revoked 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 South Dakota SR22 Insurance Policy that abides with limit of minimum auto insurance liability coverage.
  • Prison Time: The jail term can extend up to a year. Resting on 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 be charged. 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: Driver license can be suspended by MVD (Motor Vehicles Department) for at least a year and the offender can be eligible for restricted driver license if he/she meets clauses for one and successfully completes court-approved chemical dependency program. The license reinstatement fees and proof of financial responsibility is same as that 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 following penalties:

  • License Revocation: The offender can be eligible for restricted driver license, after completion of suspension period that can be up to a year. License reinstatement fee and presentation of financial responsibility requirements are same as that of 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 following penalties:

  • License revocation: Driver license can be revoked for a minimum of 2 years. Requirement of financial responsibility proof and restricted driver’s license, and reinstatement fees is 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 following implications:

  • License Suspension: Driver license can be revoked for a minimum of 3 years. License reinstatement fee and presentation of financial responsibility requirements are same as that of 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

  • A 21 years old if found to have consumed drugs or alcohol with blood alcohol concentration level of 0.02% or more can be arrested on the grounds of violating “zero tolerance” law of the state South Dakota.
  • He/she can be arrested for underage drinking and driving and accounted for a Class 2 Misdemeanor offense.
  • First and second offense will lead to suspension of driver’s license for 30 days and 180 days, respectively, while 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 of your driver license after revocation or suspension period, the South Dakota MVD will need you to file SR22 form. You will have to carry the SR22 insurance for tenure of 3 years. If there is any lapse in insurance within this period, the insurance provider has to inform the South Dakota MVD immediately, which then suspends the license and you will then have to re-file 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 offense?

There is no anti-plea bargaining statute in South Dakota. The attorney can help reduce or dismiss the charges if he/she is able to provide reasons for dismissal or reduction in writing on the record, and files the reasons with the clerk of court.

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 experienced South Dakota DUI/DWI Attorney for an immediate consultation and get apt guidance and solution.

Read More about DUI/DWI

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