DUI Laws in South Dakota

Laws and penalties for DUI in South Dakota.

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In South Dakota, you can get a DUI if you drive with a blood alcohol concentration (BAC) of 0.08% or higher, regardless of whether your driving ability was actually impaired. And the law in South Dakota says that if you are driving a vehicle, you have given consent to submit to a chemical test for the purpose of determining the amount of alcohol in your blood. Here are some details on the consequences of refusing to take a chemical test in South Dakota and other details about South Dakota DUI law.

In South Dakota, what are the consequences of refusing to take a chemical test (usually a breathalyzer or blood test) when suspected of DUI?

Here are the consequences for not taking a breathalyzer or blood test in South Dakota, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

1 year license revocation

1 year license revocation

1 year license revocation

In South Dakota, when do police have to measure your blood alcohol content (BAC)?

In South Dakota, law enforcement officers are supposed to measure your BAC at the time of driving. However, prosecutors may be able to prove your culpability for DUI even if your BAC is taken later than this time.

What is the maximum BAC for drivers under 21 in South Dakota?

In South Dakota, the maximum blood alcohol content (BAC) for drivers who are under 21 (considered minors under some drinking and driving laws) is .02%. Penalties for being above .02% but below .08% include a 30 day license suspension (first offense); 180 day suspension (second offense); 1 year suspension (third offense).

What are the minimum jail times for a DUI in South Dakota?

Here are the minimum jail times for a DUI in South Dakota, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

No minimum required jail term

No minimum required jail term

No minimum jail term

How long will prior DUI convictions remain relevant for sentencing purposes in South Dakota?

In South Dakota, prior DUI convictions stay on your record (and can be counted against you when you are being sentenced for another DUI/DWI offense) for 10 years.

Can a DUI be “pleaded down” to a "wet reckless" in South Dakota?

In some circumstances, a plea bargain of "wet reckless" might be accepted by the prosecution in your state. A "wet reckless," or a conviction of reckless driving involving alcohol, is usually made as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. A plea bargain of wet reckless might occur when the amount of alcohol is borderline illegal, there was no accident, and the defendant has no prior record. But if there is a subsequent drunk driving conviction, the "wet reckless" is usually considered a prior drunk driving conviction; the resulting sentence can be what's required for a second DUI/DWI conviction. If you are interested in trying to make a plea for a wet reckless, you'll need the help of a lawyer.

If you are interested in contacting a lawyer, you can find a DUI lawyer in your area in Nolo's Lawyer Directory.

Are ignition interlock devices (IIDs) required for convicted DUI offenders in South Dakota?

No.

Where can I get more information about DUI laws in South Dakota?

Nolo's DUI/DWI topic has many helpful articles, including a Drunk Driving, DUI, and DWI FAQ. For more help after a DUI arrest, see Nolo's Lawyer Directory, where you can view in-depth profiles of South Dakota DUI attorneys in your area.

Last updated on 09/01/2010.

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