Third Offense DUI in South Dakota

A third DUI in South Dakota within a ten year period will result in serious fines and penalties including revocation of driving privileges.

Administrative Penalties

A third offense is a Class 6 felony, and the court will revoke a driver's license for at least one year. In the event the person is returned to imprisonment prior to the completion of the period of driver's license revocation, time spent imprisoned does not count toward fulfilling the period of revocation. If the person is convicted of driving without a license during that period, he shall be sentenced to the county jail for not less than ten days, which sentence may not be suspended.

Criminal Penalties

Upon conviction of a third offense in South Dakota, a driver will face: 

  • A fine of up to $4,000. It may be less depending on the will of the court.
  • A jail term lasting up to two years. You might have to serve both the fine and the sentence or only one of the two if the court so decide.

The Lookback period

The lookback period is the number of years the court looks into your record for previous DUI offenses. This helps the court decide the gravity of the current offense. For a third offense DUI in South Dakota, this lookback period is 10 years.

Legal Help

Because of the severity of penalties, an attorney's advice may prove beneficial when charged with a third DUI offense.

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