South Dakota DUI Law

South Dakota DUI law states that a drunken driving offender may face such penalties as imprisonment, fines, mandatory alcohol educational programs, increased auto insurance, and more.

Furthermore, the law also states that a DUI offender may have their license suspended for 30 days for their first offense, one year for their second offense, and so on. In addition, if at the time of arrest, the defendant refused to submit to either a chemical or breath test, this may automatically result in a one-year suspension of their driving privileges.

Under South Dakota DUI law, an individual can be prosecuted for driving drunk if they are either operating a vehicle under the influence of alcohol and/or drugs, or if they are noncompliant with the state’s “per se” law. The “per se” law states that if an individual has a blood alcohol content (BAC) of .08 percent or higher they are legally intoxicated.

Unique aspects of South Dakota DUI Law

Interestingly, South Dakota has a rather flexible definition of a “vehicle” within the legal code. For example, if an individual is riding a horse or even a bicycle and is intoxicated, he or she is susceptible to being pulled over and charged with driving drunk.

South Dakota has a ten year “washout” or “look-back” period codified in its DUI law. The washout or look-back period specifies that if an individual has been convicted of drunk driving more than ten years prior to their current DUI charge, the second offense will be viewed as a first time offense.

Court Hearings

Most other states have a system where if an individual is arrested for a DUI charge, their actions will trigger two separate criminal hearings. Usually, the first is a criminal court case, and the second is a DMV hearing. Both case hearings can take action against the offender’s license. Interestingly though, while the state does have a two court system, South Dakota DUI law states that only the DMV hearing can take any sort of action against a DUI offender’s license.

While South Dakota DUI law may seem rather stringent, a skilled DUI defense lawyer can aid a defendant in protecting not only their rights but their driving privileges. If arrested for driving drunk in the state of South Dakota, it is strongly recommended that you contact a DUI Defense lawyer immediately upon arrest.