South Dakota DUI Law

It is illegal in South Dakota to drive with a Blood Alcohol Concentration (BAC) of .08 or greater.

Penalties

First Conviction:

The first DWI conviction is a Class 1 misdemeanor and will result in the revocation of your driver’s license for at least 30 days. The court may sentence you to up to one year in jail and/or up to a $2,000 fine. If your BAC is greater than .17, then the court will require you to undergo an evaluation to determine if the defendant is chemically dependent.

Second Conviction:

The second DWI conviction is a Class 1 misdemeanor and will result in the revocation of your driver’s license for at least a year. The court may sentence you to up to one year in jail and/or up to a $2,000 fine.

Third Conviction:

The third DWI conviction is a Class 6 felony and will result in a revocation of your driver’s license for at least a year. The court may sentence you to up to two year in the state penitentiary and a fine of up to $4,000.

Fourth & Subsequent Convictions:

The fourth and subsequent DWIs are Class 5 felonies and will result in a revocation of your driver’s license for at least two years after your release from prison. The court may sentence you to up to five years in the state penitentiary and a fine of up to $10,000.

Under 21

If you are under the age of 21, it is a Class 2 misdemeanor to operate a motor vehicle with a BAC of greater than .02. If you are found guilty, the court will suspend your license for a period of thirty days.

Refusal to Submit to Chemical Testing

If you refuse to submit to a blood, breath, or urine test, you may lose your driver’s license for up to one year. The arresting officer will immediately confiscate your license and there will be a hearing to determine whether or not you should have it returned.