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Delaware DUI Law Information

Delaware drivers convicted of DUI face severe penalties.

South Dakota DUI Law Information

Drivers arrested in the State of South Dakota for driving under the influence (DUI) will face severe DUI penalties, including potential jail time, a driver’s license suspension, potential mandatory ignition interlock installation, and fines.

South Dakota DUI defined

It is illegal in the State of South Dakota to drive or have control of a vehicle while under the influence of alcohol, drugs or an intoxicant. No person may drive or be in actual physical control of a vehicle if there is 0.08 percent or more by weight of alcohol in that person's blood as shown by chemical analysis of that person's breath, blood, or other bodily substance; they are under the influence of an alcoholic beverage, marijuana, or any controlled drug or substance not obtained pursuant to a valid prescription; they are under the influence of any controlled drug or substance obtained pursuant to a valid prescription, or any other substance, to a degree which renders the person incapable of safely driving. (South Dakota Statute 32-23-1).

South Dakota Back or wash-out period: 10 years

If a driver’s second or third driving infraction occurs during the look back period the DUI penalties can be substantially increased. A third conviction for driving under the influence (DUI) within a 10-year period qualifies as a class 6 felony and carries up to a two-year jail sentence.

Criminal DUI Penalties in South Dakota

First DUI offense
(Misdemeanor)

  • No minimum jail time required; up to a maximum one year allowed
  • No mandatory enhancement for charges with a high blood alcohol concentration
  • Fines not to exceed $1,000
  • 30 day license suspension (unless successfully contested in court)

Second DUI offense
(Within 10 years)
(Class 1 Misdemeanor)

  • Driver’s license revocation for at least one year
  • Completion of a court-approved chemical dependency program
  • 24/7 attendance in sobriety testing
  • $1,000 fine
  • Up to one year in jail
  • Mandatory installation of an ignition interlock device
  • Potential confiscation of your vehicle
  • Proof of financial responsibility (SR-22)
  • Drivers who refuse the BAC test can have fines as high as $2,000 and up two years in jail

Third DUI offense
(Within 10 years)
(Class 6 Felony offense)

  • $2,000 fine
  • One year license suspension
  • Up to a two year jail sentence
  • Court approved chemical dependency counseling program
  • 24/7 sobriety testing
  • Mandatory installation of an ignition interlock device
  • Potential confiscation of your vehicle
  • Proof of financial responsibility (SR-22)       

 4th DUI offense
(Within 10 years or previously been convicted of a felony)
(Class 5 Felony)

  • Two year license suspension
  • Up to a two year jail sentence
  • Court approved chemical dependency counseling program
  • 24/7 sobriety testing
  • Mandatory installation of an ignition interlock device
  • Potential confiscation of your vehicle
  • Proof of financial responsibility (SR-22)
  •  $2,000 fine

Administrative Penalties in South Dakota

Drivers in South Dakota have given their implied consent to submit to a chemical test if they have been arrested for DUI. Failure to consent to the required testing may result in administrative penalties, which are administered by the Department of Public Safety (DPS) and are imposed regardless of whether the driver is ultimately convicted of DUI.

Drivers who refuse the chemical test will face the following administrative penalties:

-1st offense: Driver's license revoked up to one year.
-2nd offense: Driver’s license revoked up to one year.
-3rd offense: Driver's license revoked up to three years.

To challenge an administrative suspension, drivers must request an administrative hearing by contacting the Department of Public Safety at (605) 773-3178. If you do not request a hearing within 120 days from the date of your DUI arrest your license will be automatically suspended within 120 days from the DUI arrest.

(Read more: - state laws )





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