DWI/DUI - Drunk Driving Laws And Attorneys In South Dakota
|A comprehensive guide to drunk
driving laws, penalties, fines and
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SOUTH DAKOTA DRIVING UNDER THE INFLUENCE (DUI)
If you have physical control of a vehicle (you don’t have to be driving) you
can be arrested if your blood alcohol contact (BAC) is .08 or over . If you
are arrested for drinking and driving, the penalties are severe. If you are
placed under arrest for DWI or, if under 21, for Zero Tolerance (.02 to
.08 BAC) by the police, you may be asked to take a chemical test to
determine your BAC.
You give your consent for a chemical test whenever you drive on a public
highway. If the secretary of public safety finds that the law enforcement
officer complied with the law and the refusal was made by the person,
the secretary shall revoke that person's license to drive and any
nonresident operating privileges for one year.
A Blood Alcohol Contentof .08% (.02% if under 21 years of age) or more
is evidence that you were driving under the influence of alcohol. UPON
CONVICTION OF DWI, YOU MUST PRESENT AN SR-22 “INSURANCE
FILING” TO THE DEPARTMENT OF PUBLIC SAFETY AND MAINTAIN
THIS INSURANCE FOR 3 YEARS FROM THE CONVICTION DATE OF
Penalties For Driving Under The Influence ( DUI ) In South Dakota
ZERO TOLERANCE (Under 21, .02% or more BAC)
First Offense is a Class 2 misdemeanor which is punishable by a fine
and a 30-day loss of your driver license.
Second or Subsequent Offense is a Class 2 misdemeanor which is
punishable by a fine and a 180-day loss of your driver license.
DWI (.08% or more BAC)
First offense is a Class 1 misdemeanor which is punishable by a fine
up to $1,000.00, imprisonment up to one year, or both. You will also lose
your driver license for a minimum of 30 days.
Second offense is a Class 1 misdemeanor which is punishable by a
fine of up to $1,000.00, imprisonment up to one year, or both, and loss
of driver license for a minimum of one year. If such person is convicted
of driving without a license during that period, he shall be sentenced to
the county jail for not less than three days, which may not be suspended.
Third offense is a Class 6 felony which is punishable by a fine of up to
$2,000.00, imprisonment up to two years, and loss of driver license for
no less than one year (after release from incarceration). If such person
is convicted of driving without a license during that period, he shall be
sentenced to the county jail for not less than ten days, which may not be
Driving While License is Suspended or Revoked
It is a Class 1 misdemeanor to drive with a revoked driver license and a
Class 2 misdemeanor to drive with a suspended license. In addition to
court fines and penalties, a conviction for driving while revoked will result
in your driver license being revoked for an additional year. A conviction of
driving while suspended will result in your license being suspended for
an additional “like period.” Driving a commercial motor vehicle with a
disqualified CDL will also result in an additional year of disqualification.
A person whose license has been revoked, suspended or disqualified
is required by law to pay a license reinstatement fee of $50 in addition to
the application fee when they are eligible to apply for a license. Vision
and knowledge tests will be required following a revocation; and in
certain instances, the driving test will also be required.
Restricted Drivers License
Under certain circumstances, a driver whose license is under
suspension or revocation may be issued a restricted driver license
enabling them to drive under certain restrictions imposed by the
Department. These restrictions will be noted on the driver license.
Driving a Commercial Motor Vehicle
If you refuse to submit to the requested chemical analysis you will be
immediately placed out of service for a period of 24 hours and will be
disqualified from operating a commercial motor vehicle for a period of
one year under SDCL 32-12A-43 and 32-12A-46. Also, if your chemical
analysis discloses that you have been operating a commercial motor
vehicle with an alcohol concentration of 0.04% or more by weight of
alcohol in your blood in violation of SDCL 32-12A-44, your commercial
driver license will be disqualified for a period of one year.
If any of the above violations occurred while transporting hazardous
material required to be placarded or while operating a motor vehicle
designed to transport more than 15 passengers, the person is
disqualified for a period of 3 years.