It is illegal for a person to drive with a BAC of 0.08 or more in South Dakota. A second DUI in South Dakota subjects you to fines, penalties, jail time and revocation of your driving privileges. You should not try to defend yourself because the laws are complicated and you may jeopardize your legal rights.
South Dakota does not have any administrative license penalties. All administrative suspension or revocation penalties are part of the DUI trial and are decided by the court.
Penalties for a second DUI in South Dakota include:
- $1,000 fine
- Up to one year of jail time
- 1-year revocation of your driver’s license
- 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.
The look-back period in South Dakota for a DUI is 10 years. Penalties and fines will be much stiffer especially if you have had two DUI offenses within 10 years or you caused an accident at the time of your arrest which resulted in someone being injured or killed.
Felony vs. Misdemeanor
Plea options include not guilty, guilty or "nolo contendere" (meaning "I do not wish to contest"). A plea bargain may be available if you plead to a lesser charge, such as reckless driving without intoxication, speeding or other traffic infractions. It is much more difficult to plead not guilty without an experienced South Dakota attorney representing you.
Consulting with an Attorney
You should hire a South Dakota criminal defense attorney to defend you if you are arrested for a second DUI in South Dakota. The South Dakota DUI laws are extremely complicated. The attorney can advise you of your options and legal remedies. The attorney may be able to get the charges reduced to a lesser crime, depending on the circumstances at the time of your arrest and the evidence against you.