South Dakota DUI Laws
Table of Contents
South Dakota DUI Laws: DUI Penalties, DUI Fines, Requirements & Information.
South Dakota DUI / DWI Laws Overview and Common DUI / DWI Questions
Will I have to serve jail time if I’m convicted of a DUI in South Dakota?
Yes, If convicted of a DUI offense in South Dakota you will face up to 1 year in jail on your first offense. Possible jail time for a 2nd DUI is also up to 1 year and a 3rd South Dakota DUI conviction is up to 2 years.
I’ve been arrested for DUI in South Dakota, what should I do?
If you’ve been arrested or charged with DUI / DWI in the state of South Dakota, the first thing you should do is talk with an experienced local DUI lawyer! South Dakota DUI laws are complex and an experienced South Dakota DUI lawyer will be able to negotiate the best possible outcome. Call 1.855.700.0754 for a FREE South Dakota DUI consultation with a local DUI lawyer.
Does South Dakota have an aggravated DUI charge if my BAC is extremely high?
Yes, South Dakota does have a enhanced or aggravated DUI charge if your BAC limit is over 0.17%.
What is the legal blood alcohol content (BAC) limit in South Dakota?
The BAC legal limit in South Dakota for adults is .08%. You will be charged with a DUI in South Dakota if you are found to have a BAC higher than .08%. In addition, South Dakota has a zero tolerance (underage) BAC of 0.02%, meaning that any underage driver found driving under the influence in South Dakota with a BAC higher then .02% will be charged with a DUI. The BAC limit for commercial vehicle drivers is .04%.
How much does a South Dakota DUI cost?
A first time DUI offense in South Dakota can cost between $7,000 – $10,000. Fines and cost associated with a DUI conviction will rise if you receive more than one DUI conviction.
Do I have to take a field sobriety test or chemical test in South Dakota?
South Dakota DUI laws include “implied consent”, which means you consent to submitting to sobriety testing or chemical testing when you accept your drivers license. South Dakota DUI laws do include severe penalties if you refuse to take a field sobriety test or provide chemical testing.
If I’m convicted of DUI in South Dakota will I lose my car?
It is a possibility that your vehicle could be confiscated if you are convicted of DUI / DWI in South Dakota.
Is there a chance that I can lose my license if convicted of a DUI in South Dakota?
Yes, license suspension or revocation is possible if convicted of a DUI in South Dakota. A first time DUI conviction in South Carolina will result in a minimum 30 day license suspension. A second or 3rd DUI conviction is a minimum 1 year license suspension.
Will I have to use an ignition interlock device if I’m convicted of DUI in South Dakota?
No. A DUI / DWI conviction will not require the use of an ignition interlock device in the state of South Dakota.
Will a South Dakota DUI conviction increase my auto insurance?
Yes. If you are convicted of a DUI in South Dakota, your insurance could increase by $3,000 to $6,000.
Overview of South Dakota DUI Law Penalties, Fines, Jail Time & Requirements
Penalties & Fines For First DUI Conviction in South Dakota – Class 1 misdemeanor
- Jail / Imprisonment – up to 1 year
- Fine – up to $1,000
- Drivers License Revocation / Suspension – 30 days to 1 year
Penalties & Fines For Second DUI Conviction in South Dakota – Class 1 misdemeanor
- Jail / Imprisonment – up to 1 year
- Fine – up to $1,000
- Drivers License Revocation / Suspension – 180 days to 1 year
Penalties & Fines For Third DUI Conviction in South Dakota – Class 6 felony
- Jail / Imprisonment – up to 2 years
- Fine – up to $2,000
- Drivers License Revocation / Suspension – up to 1 year
Penalties & Fines For Fourth DUI Conviction in South Dakota – Class 5 felony
- Jail / Imprisonment – up to 2 years
- Fine – up to $2,000
- Drivers License Revocation / Suspension – 2 years
South Dakota DUI Laws Apply To All Counties in South Dakota
- Aurora
- Beadle
- Bennett
- Bon Homme
- Brookings
- Brown
- Brule
- Buffalo
- Butte
- Campbell
- Charles Mix
- Clark
- Clay
- Codington
- Corson
- Custer
- Davison
- Day
- Deuel
- Dewey
- Douglas
- Edmunds
- Fall River
- Faulk
- Grant
- Gregory
- Haakon
- Hamlin
- Hand
- Hanson
- Harding
- Hughes
- Hutchinson
- Hyde
- Jackson
- Jerauld
- Jones
- Kingsbury
- Lake
- Lawrence
- Lincoln
- Lyman
- McCook
- McPherson
- Marshall
- Meade
- Melette
- Miner
- Minnehaha
- Moody
- Pennington
- Perkins
- Potter
- Roberts
- Sanborn
- Shannon
- Spink
- Stanley
- Sully
- Todd
- Tripp
- Turner
- Union
- Walworth
- Washabaugh
- Yankton
- Ziebach