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. If conviction is for a second offense (within 10 years), such person is guilty of a Class 1 misdemeanor, and the court shall, in pronouncing sentence, unconditionally revoke the defendant's driving privilege for a period of not less than one year. However, upon the successful completion of a court-approved chemical dependency program, and proof of financial responsibility, the court may permit the person to drive for the purposes of employment, 24/7 sobriety testing, attendance at school, or attendance at counseling programs. If such person is convicted of driving without a license during that period, the person shall be sentenced to the county jail for not less than three days, which sentence may not be suspended
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.
The look-back period in South Dakota for a DUI is 10 years. Penalties and fines will be more severe if 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
An attorney can advise you of your options and legal remedies if charged with a second DUI in South Dakota.