South Dakota DUI

South Dakota DUI Fines & Penalties

First South Dakota DUI Offense

1st Drunk Driving Conviction

Jail – Up to 1 Year Possible
License Suspension – From 30 Days to 1 Year
Fine - $1,000

Restricted License Possible
Proof of Financial Responsibility – SR22 Insurance

Second South Dakota DUI Offense

2nd Drunk Driving Conviction

Jail – Up to 1 Year Possible
License Suspension – From 180 Days to 1 Year
Fine - $1,000

Restricted License Possible
Complete Chemical Dependency Program
Proof of Financial Responsibility – SR22 Insurance

Third South Dakota DUI Offense

3rd Drunk Driving Conviction

Class 6 Felony Offense
Jail – Up to 2 Years Possible
Fine - $2,000

License Suspension – 1 Year
Restricted License Possible

Proof of Financial Responsibility – SR22 Insurance
Complete Chemical Dependency Program

Drinking and Driving Laws in South Dakota

It is illegal in the State of South Dakota to drive with a blood alcohol concentration (BAC) of .08 or above. The .08 percent limit is the benchmark used for the "impaired" driver in all states. South Dakota has lower BAC limits for drivers of commercial vehicles and drivers under the age of 21. The South Dakota DWI law includes alcohol, drugs and other controlled substances, this includes prescription drugs that have been issued by a physician. The South Dakota DWI law specifically denies the use of physician prescribed drugs as a defense in a DWI trial.

The first time you are arrested for drunk driving in the State of South Dakota your drivers license will be suspended for a minimum of 30 days. You will also receive a fine up to $1,000 and you could spend up to 1 year in jail.

The second DWI you are convicted of will cost you a fine up to $1,000 and you will lose your driving privileges for a period of 1 year. The court may also sentence you up to 1 year in jail. You will also be ordered to complete a court approved chemical dependency program and provide proof of financial responsibility. If these are completed, the court may issue a restricted permit for purposes of employment, school or attendance at other counseling programs.

The 3rd time you are convicted of drunk driving in the State of South Dakota you will be charged with a Class 6 Felony. You will be fined up to $2,000 and imprisoned up to 2 years. Your drivers license will be suspended for a minimum of 1 year after your release from jail. You will also be ordered to complete a court approved chemical dependency program and provide proof of financial responsibility. If these are completed, the court may issue a restricted permit for purposes of employment, school or attendance at other counseling programs.

2008 Changes in South Dakota DUI Law

The Governor signed House Bill 1239 on 02/27/08, here is a summary of the Bill. Permits persons convicted of driving under the influence to operate a vehicle for 24/7 sobriety testing, declares an emergency, relates to proof of financial responsibility and attendance at employment, schools or counseling programs. To Read the Bill Please CLICK HERE.

How many drinks does it take to reach the legal limit in South Dakota?

There are many variables that factor into a BAC score such as body weight, sex, genetics, number of drinks consumed over a given time frame, and more. There are charts and calculators that can serve as a reference, however these tools do not include all of the variables that could contribute to your BAC score. It is safe to assume that for each drink you consume, you become that much closer to the legal limit of .08.

The best answer is not to drink and drive . The State of South Dakota has strict laws for drunk driving, and when you drink and drive in South Dakota, you risk your freedom, finances and your future.

Drunk Driving Laws in South Dakota

State of South Dakota BAC Laws:

All drivers with a BAC of .08 or higher.
Under 21 with a BAC of .02 or higher.
Commercial Vehicle Driver with a BAC of .04 or higher.

The Implied Consent Law in South Dakota

The implied consent law in the State of South Dakota means that operators of a motor vehicle on the roadways of South Dakota consent to a chemical test of their blood breath or urine to determine the amount of alcohol, drugs or other intoxicating substances that may render them incapable of driving safely. If you refuse such a test, your drivers license can be suspended for a period of 1 year and the refusal will be used as evidence against you in a DUI trial.

State of South Dakota Website - More DUI Law Information

Other South Dakota Information on this Website

South Dakota Teen Driving Laws and Insurance Requirements