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.

Administrative Penalties

  • Upon arrest, a license is suspended for at least thirty days, unless otherwise contested
  • Upon reinstatement, driver must provide proof of fiscal responsibility, typically in the form of SR-22 coverage
  • Hardship and other restricted licensing possible pending case-specific considerations

Criminal Penalties

How Much Will it Cost?

To get an idea of how much a first offense DUI will cost you, see our article on the cost of a DUI.

  • There is no miniumum jail time; there is a maximum of one year
  • No enhanced or elevating penalties exist for offenses involving extreme blood 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 $2,000, 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

Getting Legal Help

For more information and insight into defending a first offense DUI in South Dakota, consult with a South Dakota DUI lawyer.

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