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South Dakota DUI Information

In South Dakot, anyone with a blood alcohol level of .08%, or greater, is considered to be DUI.  An individual with a blood alcohol content level of at least .05% and less than .08% can still be charged with driving under the influence if other evidence can be proven to substantiate the accusations.  First time offenders will be subject to up to one year incarceration and a fine ranging from $1,000.00 to $5,000.00.  Probation is often available to first offenders, which may result in a reduction of some, or all, of the ordered jail time. 

First time offenders can expect to receive a license suspension ranging from 30 days to one year.  Anyone refusing to submit to a blood alcohol content test, on the other hand, will face an additional license suspension for up to one year.  Regardless of the final verdict determining guilt or innocence of DUI, the offender can lose his/her license just for refusing to be tested.

South Dakota offenders may be required to undergo some type of alcohol evaluation and/or treatment program if the court deems it necessary.  In some cases, a work permit may be issued if the court feels the driver is not a threat to the general public.  This type of restricted license will allow the offender to drive to and from certain places, including work and/or court ordered treatment programs.

Youthful offenders, who consist of anyone under the age of 21 with a .02% or greater blood alcohol level, will be subject to license revocation for a period of six months.  Individuals who are involved in a DUI, which causes personal injury or death, may face felony charges and much harsher penalties.

Upon conviction or an admission of guilt, DUI offenders are commonly faced with problems relating to their insurance company.  Immediately being labeled as “high risk” drivers, offenders are often dropped by their insurance company altogether or, at the very least, are required to pay much higher rates than before.  In the event that the offender is forced to look for a new insurance provider, he/she may have a difficult time finding a new company who offers high risk policies but, if they do, the rates will likely be extremely high for the amount of coverage granted.





DISCLAIMER: This website provides only general information intended to be a starting point for most legal issues. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist.