DUI & DWI in South Dakota

Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!

Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.

In South Dakota, the Blood Alcohol Content (BAC) limit is set at:

0.08%  – for drivers over 21 years of age

0.04%. – for commercial drivers (CDL)

0.02%  – for drivers under 21 years of age

Even with a BAC between 0.05% and 0.08%, you can still be booked if you show signs of impairment. Additionally, DUI applies if you are behind the wheel with keys in the ignition or you are taken to be driving, even if the vehicle is not in motion. Having a license in the state of South Dakota automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being revoked for 1 year. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.

If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions.

If you’re out of state, and convicted of a traffic offense that carries points with it in South Dakota, it will be coincided on your South Dakota driving record. If you’re involved in an incident in which multiple offenses apply, the offense with the highest point value will be marked on your license.

All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!

If you are over 21 years old:

If you are convicted of DUI, your punishment will vary depending on your history.

• The first offense is treated as a Class 1 Misdemeanor.
• Imprisonment for up to 1 year and/or a fine of up to $2,000 may be imposed.
• Your license will be revoked from 30 days to 1 year.
• In some cases, you may be allowed to drive to and from work, or to an approved alcohol-counseling program.

• The second offense is also treated as a Class 1 Misdemeanor.
• Imprisonment for up to 1 year and/or a fine of up to $2,000 may be imposed.
• Your license will be revoked for at least 1 year.
• You may be allowed to drive to and from work after successfully completing a court-approved alcohol-treatment program.
• If you’re caught driving (outside of what’s permitted) you’ll have to spend at least 3 days in jail.

• The third offense is treated as a Class 6 Felony.
• Imprisonment for up to 2 years and/or a fine of up to $4,000.
• Your license will be revoked for at least 1 year from the date of sentencing or release from jail; whichever is later.
• You will not be allowed to drive to and from work.
• If you are caught driving, you’ll be incarcerated for at least 10 days.

• The fourth offense is treated as a Class 5 Felony.
• Imprisonment for up to 5 years and/or a fine of up to $10,000.
• Your license will be revoked for at least 2 years from the date of sentencing or release from jail; whichever is later.
• You will not be allowed to drive to and from work BAC of 0.02% or higher. Doing so results in license suspension.
• If you’re caught driving, you will spend at least 20 days in jail.
• All offenders will also be faced with court costs and fines.

• The fifth or subsequent offense is treated as a Class 4 Felony.
• Imprisonment for up to 10 years and/or a fine of up to $20,000.
• Your license will be revoked for at least 3 years from the date of sentencing or release from jail; whichever is later.
• Driving during this period will result in a mandatory 20 days in jail.

Younger Than 16 Years Old

Receiving a violation with a restricted minor’s permit results in license suspension:

• First Conviction: 30 days.
• Second Conviction: 90 days, or until you turn 16 years old, whichever is longer.
• If your violation is a Class 1 misdemeanor or a felony, your license suspension lasts until you turn 16 years old.

16 Years Old and 17 Years Old

• You’ll receive a license suspension for 30 days for each conviction of violating your license restrictions.
• You can’t move on to your full operator’s license if you’ve gotten a traffic conviction within 6 months of applying.

• Points will be added to your driving record and you will be barred from driving a commercial vehicle for 1 year, if you are convicted for your BAC being higher than 0.04%. The arresting officer will also issue you an “out-of-service” order valid for 24 hours.
• You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
• You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
• Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.
• Every CDL holder must notify his employer within 30 days of receiving a violation.

NATIONWIDE PENALTIES FOR CDL HOLDERS ARE SET BY THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION (FMCSA):

MAJOR OFFENSES

Committing any of the following major offenses results license suspension or disqualification for 1 year:

• Driving any vehicle with a BAC of 0.08% or higher.
• Operating a commercial motor vehicle (CMV) with a BAC of 0.04%.
• Refusing to submit to a sobriety test.
• Leaving the scene of an accident.
• Commission of a felony with the vehicle.
• Driving a CMV with a suspended, revoked, or canceled CDL.
• Negligent driving resulting in fatality.

SERIOUS OFFENSES

• Speeding 15 miles or more over the limit.
• Reckless driving.
• Improper lane change.
• Following too closely behind another vehicle.
• Driving a CMV without having a CDL.
• Driving a CMV without having your CDL in your possession.
• Driving a CMV without the proper CDL endorsement.
• Violating a state law of texting while driving.

South Dakota laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if the driver is:

• Age 21 and above and is driving with BAC 0.08% or more.
• Age 21 and below and is driving with BAC 0.02% or more.

Under this law, if you are arrested for DUI/DWI, the arresting officer will confiscate your South Dakota driver license. The driver can schedule an administrative hearing. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous ten-year driving record. If he has any alcohol related convictions or suspensions for this period, his license will be revoked for one year, and if not, then it will be suspended for 30 days. You may be eligible to drive using the Limited Driving Privilege.

If the administrative hearing goes against the driver, he can file an appeal with the court. He will, however, have to serve the suspension/revocation until the court reaches a verdict. If the verdict is the same as the administrative hearing, then the driver will have to complete the remaining period of his suspension/revocation and then file for reinstatement of the license. If the verdict goes in favor of the driver, then his license will be returned and the suspension/revocation will be cancelled.

If the driver, however, does not request a hearing, then the suspension/revocation is final.

South Dakota does law does not provide for vehicle seizure or mandate ignition interlock. However, a recent law allows first time DUI offenders to drive if they agree to abstain from alcohol completely and report every morning and evening for a breathalyzer test at the local sheriff’s office. If they fail the test they not only lose their license but also go to jail.

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Division of Motor Vehicles, once the period of suspension or revocation is over.

• Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.
• You’ll have to pay a $50 to $200 reinstatement fee and any application fees, when you go to an exam station to reinstate your driving privileges.
• You must maintain proof of financial responsibility by filing SR-22, if required.
• For reinstatement after the suspension period and meeting mandated conditions, contact the DMV at (605) 773-6883 or write to them at:

118 W. Capitol Ave.

Pierre, SD 57501