DUI Reference Guide

South Dakota DUI Laws

South Dakota DUI Laws 

DUI laws in South Dakota cover people who have a blood alcohol content of 0.08% or more if they are age 21 or older.  Individuals can also be arrested if they are operating a vehicle while they are under theinfluence of alcohol and or drugs and when those substances impair a person’s ability to drive safely.

South Dakota is another state that has zero tolerance for minors drinking and then driving while under the influence.  In fact, anyone under 21 will be arrested for DUI if they are found to have a blood alcohol content of 0.02% or exceeding that amount. 

According to South Dakota law, people can be arrested for a DUI for operating more than just automobiles.  For instance if someone is under the influence while riding a bicycle or a hose, they can actually be arrested for a DUI. 

Implied consent statues also apply in South Dakota.  Anyone who has a driver’s license in South Dakota is considered to have given consent that they will take a chemical test if they would ever be stopped for suspicion of having committed a DUI.   People who will not submit to a test can have their license revoked for one year. 

Several possible penalties for a DUI conviction exist in South Dakota.  Those arrested may be sentenced to time in jail and will need to pay fines.  In addition, they will have a license suspension.  A DUI conviction can require a person to receive education about alcohol and related problems.  Other punishments can also be enforced by the court depending upon the severity of a person’s DUI case and the number of offenses.

Any DUI conviction older than ten years old will not count towards current offenses.  However, if a person commits a second offense within ten years, then they will receive the penalties for a second time offender.  Fines for first time offenders can reach as high as $1000.  License suspension on a first offense will be for 30 days.  Multiple offenders can face a loss of license for one year and sometimes more.  They can face more time in jail as well as higher fines and fees. 

In most states, DUI arrests result in two cases.  One involves the criminal case with the other being a separate administrative license suspension.  Although people who are convicted of a DUI in South Dakota will have their license suspended, there is no separate administrative license suspension.   Therefore any suspension terms imposed by the court case will be the only suspensions. 

If a person has been arrested, not based on their blood alcohol content but rather than impairment, the prosecution for the case must work to prove that they were operating a vehicle at the time of their impairment from alcohol and/or drugs.  Several factors can be used as evidence of impairment.  The reason a police officer pulled someone over in the first place is often a good start.  People often do not obey all traffic lights, speed or even swerve if they are under the influence.

A police officer might notice that a person is not talking very well and/or slurring their words.  They might also smell alcohol on a person’s breath or in the automobile.  When sobriety tests are given, this can be used as evidence as well if a person does not do well during the sobriety test.

Anyone who is arrested for DUI in South Dakota should consider consulting a lawyer.  Many lawyers offer free consultations for people to get an overview of their case.  It is best to search for an attorney specializing in the area of DUI law.  There are many aspects and components to the laws surrounding DUI, which is why it is important to have a lawyer who knows a great deal about DUI.  Otherwise, a lawyer might not be as aware of the laws and penalties as they should. 

Locating a lawyer can be as simple as searching the yellow pages.  People can also search online using lawyer search.  Most are set up so that someone can enter their zip code and select an area of law for which they need an attorney.  The search will generate a list to match the person’s needs.