South Dakota DUI Quick Facts

BAC Level: .08%
First Conviction License Suspension: Up to 1 year
First Conviction Jail Time: Up to 1 year

Consequences of a DUI Conviction in South Dakota

Unfortunately, being arrested and convicted for DUI in South Dakota carries with it a significant amount of consequences. Here are the most important ones that you need to know about:

Driver’s License Suspension

When you abuse the privileges granted in your driver’s license by drinking and driving, the state penalizes you by taking away your license. Your first conviction will lead to a suspension of up to 1 year, while subsequent convictions can lead to suspensions lasting up to 2 years. While your license is suspended, you will have to rely on public transportation, ride sharing or some other form of transportation for travel. Being caught driving while your license is suspended for a DUI conviction carries with it very harsh penalties.

Jail Time

The DUI laws of South Dakota authorize a significant amount of jail time for even your first DUI conviction. The court can order up to 1 year in prison upon your conviction. Subsequent offenses will result in jail terms of up to 5 years. Usually the court will order much less than the maximum jail time for your first offense if the circumstances of your arrest warrant it. Being arrested for a BAC level of .08 while driving somewhat normally will result in a much more lenient sentence than being arrested with a BAC level of .15 where you caused an accident.

Monetary Fines

A DUI conviction in South Dakota also brings with it a large monetary fine. Your first DUI conviction can cost you up to $1000. Additional convictions can result in fines of up to $2000. As with other penalties connected to DUI, the court will administer a punishment within the range allowed by law depending on the circumstances of your arrest. The more recklessness and endangerment of other people there was, the more severe your penalties will be.

Felony Conviction on your Record

Repeat convictions for DUI in South Dakota will result in a felony conviction on your record. Being a convicted felon carries with it significant consequences that will last the rest of your life. These include difficulty finding employment, revocation of professional licenses, social stigmatization, lack of credibility in future legal proceedings, potential loss of voting rights and more. No state hands out felony convictions lightly, but you should be aware of that possibility if you become a repeat DUI offender.

Increased Cost of Automobile Insurance

Even one DUI conviction can dramatically increase your cost of carrying auto insurance. Depending on the severity of the conditions of your arrest, as well as the internal policies of your auto insurance provider, you may find your policy cancelled. Whether you stay with your current provider or are forced to find a new one, you will certainly have to pay a greater premium than you previously did. Furthermore, the state of South Dakota may force you to carry SR-22 insurance. Under such policies, your insurance provider is required to regularly certify to the state that you are still carrying your auto insurance. This additional service will further increase the cost of your policy.

Consequences of Refusing a Chemical Test in South Dakota

The DUI laws of South Dakota allow law enforcement officers to subject you to chemical tests to determine if you have been driving while under the influence of a drug, so long as they have just cause. While you are free to refuse a test, such a refusal is not without consequences. South Dakota law requires that your driver’s license be suspended for 90 days the first time you refuse a chemical test.

Why You Should Seek Legal Help

Being arrested for DUI in South Dakota brings about serious, life-changing consequences. It is important to seek qualified, experienced legal help in order to reduce or eliminate these consequences.

Many people believe that they have no chance of winning in court, that their DUI arrest is a simple open-and-shut case, and that they shouldn’t waste their time and money on a DUI attorney. Unfortunately this understandable but misguided notion has caused many people untold suffering that they could have avoided.

In order for the state of South Dakota to convict you of DUI and impose the full penalties allowed by law, the arresting officer and the government must correctly follow a long list of established rules and procedures. These rules and procedures are there to protect your rights and insure that the government has not overstepped its bounds. If they are not followed correctly, it will be possible to reduce or eliminate the penalties of your DUI.

Some important areas where these rules and procedures must be followed are the police officer’s initial reason for pulling you over, the field sobriety tests they conduct, and the administration of the chemical test. What challenges you can mount to the state’s case depend on the particulars of your arrest. Every case is different.

Wouldn’t I Save Money And Hassle By Just Pleading Guilty?

It seems logical to assume that it would just be cheaper and easier to plead guilty to your DUI charge. But as we’ve already shown above, the penalties for DUI in South Dakota are severe and expensive. Once you factor in the non-monetary impact a DUI conviction will have on your life, it’s plain to see that there’s nothing cheap and easy when it comes to a DUI.

Hiring a South Dakota DUI Attorney to defend you and your rights can often reduce or sometimes even eliminate the penalties that the state would otherwise impose on you automatically. At the very least, it is worth having a conversation with a qualified DUI attorney to see if they think you could challenge your arrest.

The bottom line is, when you are arrested for DUI in South Dakota, you are in for a struggle that’s going to be burdensome and expensive. But in many cases, a qualified DUI attorney can go a long ways towards reducing these expenses and burdens.

South Dakota DUI Penalties