South Dakota DUI Attorney

South Dakota DUI Law

It is illegal to drive while under the influence of alcohol or drugs in the state of South Dakota. If you are arrested for and later convicted of this offense, you face serious penalties that can impact your financial situation, reputation, and your freedom. You will also face the loss of your driving privileges, making it difficult if not impossible to continue with your daily activities. These penalties make it important for you to contact a South Dakota DUI attorney as soon as you are arrested for a DUI/DWI offense. A skilled South Dakota DUI lawyer will be able to review the facts of your case and plan a defense that gives you the best chance of winning your case or minimizing the penalties imposed if convicted of driving under the influence.

South Dakota DUI/DWI Law

The DUI law in South Dakota is somewhat unique because of the way that the term “vehicle” is used. In most states, DUI laws cover motor vehicles such as cars, trucks, motorboats, tractors, and similar equipment. South Dakota law expands the definition of a vehicle to include almost anything you can ride in or on for the purposes of transportation. Riding a bicycle or even a horse while your blood alcohol content level is above the legal limit can very well be considered a DUI offense and you may be arrested and prosecuted for DUI. South Dakota is also one of the states that use the concept of implied consent within the DUI laws. This means that you imply your consent to chemical testing simply by using the roadways and operating a vehicle within the state. You do not have the right to refuse chemical testing in South Dakota if you have been lawfully arrested for a DUI offense. South Dakota is one of the few states that do not have an administrative license suspension or revocation associated with a DUI arrest. Any suspension or revocation is ordered by the court as a part of the DUI criminal trial.

DUI Prosecution

If you are arrested lawfully for a DUI offense, you will be prosecuted under the DUI laws of the state of South Dakota. There are two ways in which you can be prosecuted for a driving under the influence charge in South Dakota. One is the traditional, common law definition of driving under the influence. In this type of case, the prosecutor will try to show that you were impaired as a result of alcohol or drug consumption. Information about your appearance, driving habits, and field sobriety test results may be introduced to show that you were impaired at a level that prevented you from safely operating your vehicle. Another way you can be prosecuted is under the “per se” law in South Dakota. The prosecutor using this method of prosecution does not have to show any particular level of impairment. It simply must be proven that your blood alcohol concentration level exceeded the legal limit of 0.08% at the time of chemical testing. Having a qualified South Dakota DUI attorney representing you can help you to minimize the impact of any testimony or test results because your attorney can question the validity of the arrest or the reliability of the chemical test results.

Driver’s License Penalties

As outlined above, South Dakota has no administrative license suspension process in place for drivers who are arrested for DUI. However, the courts will impose license suspension on convicted offenders. The suspension period is 30 days for the first offense, a one year revocation for a second offense, and a one year revocation for a third offense. If you have refused to submit to chemical testing, your license will be suspended for one year whether you were actually intoxicated or not.

Additional South Dakota Criminal Penalties

In addition to the suspension or revocation of your driving privileges, you will also face penalties that can include jail time, fines, and more. South Dakota has a 10 year look-back period that helps prosecutors determine how to charge an offense. If you have a prior drunken driving offense within 10 years of your most recent offense, you will be charged with a second or subsequent offense. If prior convictions occurred more than ten years before your current offense, you will be charged as a first time offender and will face the penalties for a first time offense. The fines associated with a DUI conviction are $300 for a first offense, $1,000 for a second offense, and $3,500 for a third offense. Jail terms for DUI offenses in South Dakota are 48 hours for first and second offenses, 60 days for a third offense, and one year for a fourth offense. You may also be sentenced to community service or house arrest at the discretion of the court. You may be required to install an ignition interlock device on your vehicle for the purposes of making sure that you cannot drive while there is a measurable amount of alcohol in your body. If you have a third conviction within a ten year time period, your vehicle will be seized by the state. If you are sentenced to treatment or alcohol assessment, it may be at your own cost and you may be required to comply with any recommendations made by the assessment professional.

Because of the criminal penalties associated with DUI in South Dakota, DUI is an offense that you want to avoid. Being arrested for and convicted of a DUI offense can impact your family life, make it impossible for you to apply for and receive a better job, lead to the loss of your freedom, impact your financial situation, and taint everything in your life. If you want to have the best chance of successfully defending yourself against DUI charges in South Dakota, you need to hire a South Dakota DUI attorney. A skilled and experienced attorney will be able to review your case and come up with the best course of action to pursue. Even if you are convicted, your South Dakota DUI lawyer may be able to minimize the penalties imposed by speaking on your behalf.

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