South Dakota DUI / DWI Lawyers

South Dakota DUI Laws, Penalties, & Fines

South Dakota DUI law chapter 32-23 states that it is against the law for any person to drive a motor vehicle in the state of South Dakota while they are under the influence of alcohol or drugs with a blood alcohol concentration level of .08% or greater.

It is not necessary for a person who has been stopped on suspicion of driving under the influence to display the signs one would typically associate with someone who is under the influence.  Just the fact that a chemical test shows a blood alcohol concentration level of .08% or greater will get you arrested for DUI in South Dakota.

It should also be noted that a person could still be arrested for driving under the influence in South Dakota even if their blood alcohol concentration level is below the legal limit of .08% just by displaying signs that are consistent with a person who is under the influence of alcohol or drugs.


What are the penalties for a DUI in South Dakota?

1st Offense 2nd Offense 3rd Offense
Jail Up to 1 year Up to 1 year Up to 2 years
Fines and Penalties $1,000 $1,000 $2,000
License Suspension 30 days to 1 year 180 days to 1 year 1 year
ID Required No No No

First Offense DUI in South Dakota

Offenders facing a first DUI in South Dakota will be subject to both criminal and administrative penalties. Different penalties are applicable to minors in violations of zero tolerance laws, minors whose DUI cases are forwarded to juvenile courts, commercial drivers, and criminal cases involving multiple criminal charges. Likewise, the state of South Dakota adheres to implied consent laws, with refusals to submit incurring mandatory one year license revocation, regardless of outcome of criminal proceedings.

  • There is no miniumum jail time; there is a maximum of one year
  • No enhanced or elevating penalties exist for offenses involving extremeblood alcohol content (BAC), although this may be taken into consideration at court’s discretion
  • Ignition interlock devices not required for first offenders in DUI cases in South Dakota
  • Fines not to exceed $1,000, but fine amount does not include costs of completing other terms of sentence or reinstating license
  • Convictions carry influence in subsequent arrests for DUI for a period of ten (10) years only

Second Offense DUI in South Dakota

Penalties for a second DUI in South Dakota include:

  • $1,000 fine
  • Up to one year of jail time
  • Mandatory alcohol education and assessment/treatment
  • Mandatory installation of ignition interlock device
  • Possible confiscation of your vehicle
  • Proof of financial responsibility (SR-22)

If you refuse a BAC test, you face a 1-year suspension of your license, a $2,000 fine and up to 2 years in jail.

Third Offense DUI in South Dakota

A third offense is a Class 6 felony, and the court will revoke a driver's license for at least one year. In the event the person is returned to imprisonment prior to the completion of the period of driver's license revocation, time spent imprisoned does not count toward fulfilling the period of revocation. If the person is convicted of driving without a license during that period, he shall be sentenced to the county jail for not less than ten days, which sentence may not be suspended.

Upon conviction of a third offense in South Dakota, a driver will face:

  • A fine of up to $4,000. It may be less depending on the will of the court.
  • A jail term lasting up to two years. You might have to serve both the fine and the sentence or only one of the two if the court so decide.
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