South Dakota DUI Laws and Penalties for a Conviction

In South Dakota, as in other states, it's illegal to drive a vehicle while under the influence of drugs or alcohol, and the penalties for a DUI conviction depend mostly on the number of prior convictions the driver has that occurred within the last 10 years.

This article covers South Dakota's DUI laws, including the relevant definitions and the consequences you'll face if convicted of a first, second, or third DUI offense.

South Dakota's DUI Laws

In South Dakota, a person can be convicted of driving under the influence (DUI) for driving or being in actual physical control of a vehicle:

• with a blood alcohol content (BAC) of .08% or greater
• while under the influence of alcohol, marijuana, a non-prescribed drug, or an intoxicating inhalant, or
• while under the influence of prescribed drugs or alcohol to a degree that renders the person incapable of safely driving a vehicle.

(S.D. Codified Laws § 32-23-1 (2025).)

In other words, a DUI conviction can be based on an excessive BAC or actual intoxication.

A motorist doesn't have to put the vehicle in motion to be guilty of a DUI. Being in "actual physical control" while under the influence is sufficient for a DUI conviction. The Supreme Court of South Dakota has stated that "actual physical control" requires that:

• the vehicle was operable
• the driver was in a position to manipulate the vehicle's controls to cause it to move, and
• the motorist's control would enable the usual and ordinary operation of the vehicle.

(State v. Nekolite, 851 N.W.2d 914 (S.D. 2014).)

BAC Limits for Underage and Commercial Drivers

While most drivers can be convicted of a "per se" DUI for driving with a BAC of .08% or more, certain drivers are subject to a more restrictive standard.

For drivers operating commercial vehicles, the BAC threshold is reduced to .04%. A conviction is a misdemeanor that carries up to 30 days in jail, a maximum of $500 in fines, and additional license-related penalties. (S.D. Codified Laws §§ 22-6-2, 32-12A-36, 32-12A-44 (2025).)

And drivers who are under 21 years old need only have a BAC of .02% or more (or any level of marijuana or a controlled substance) to get an underage DUI. However, underage DUI penalties are different than those for a regular DUI conviction and tend to be more rehabilitative than punitive. See below for underage DUI penalties. (S.D. Codified Laws § 32-23-21 (2025).)

First-Offense DUI Penalties—Misdemeanor

For a first DUI conviction within 10 years, the driver faces:

• up to a year in jail
• up to $2,000 in fines, and
• license revocation for 30 days to 1 year.

(S.D. Codified Laws §§ 22-6-2, 32-23-2, 32-23-4.1 (2025).)

For any DUI involving a BAC of .17% or more, the driver will be required to obtain an alcohol and drug evaluation and might be ordered to complete certain chemical dependency programs. (S.D. Codified Laws § 32-23-2.1 (2025).)

Second-Offense DUI Penalties—Misdemeanor

For a second DUI conviction within 10 years, the driver faces:

• up to a year in jail
• up to $2,000 in fines, and
• license revocation for at least a year.

(S.D. Codified Laws §§ 22-6-2, 32-23-3, 32-23-4.1 (2025).)

Third-Offense DUI Penalties—Felony

For a third DUI conviction within 10 years, the driver faces:

• up to 2 years in jail
• up to $4,000 in fines, and
• license revocation for at least 1 year.

(S.D. Codified Laws §§ 22-6-1, 32-23-4, 32-23-4.1 (2025).)

DUI Probation

Judges often will put a defendant on probation instead of giving a long jail sentence. Probation allows the court to ensure that the defendant complies with the conditions of the court's sentence, such as substance abuse treatment. A judge may order jail time if a defendant fails to comply with the terms of probation.

Implied Consent and Alcohol and Drug Testing

Under South Dakota's "implied consent" law, any person driving within the state is deemed to have consented to BAC chemical testing (usually, a blood or breath test) to determine the presence of alcohol or drugs. (S.D. Codified Laws § 32-23-10 (2025).)

Motorists who refuse to submit to lawfully requested tests will have their driver's license revoked for one year. The fact that the driver refused testing may also be used at trial to prove guilt. (S.D. Codified Laws § 32-23-10.1, 32-23-11 (2025).)

Underage DUI Laws

An underage DUI violation is a class 2 misdemeanor and will result in up to 30 days in jail, a maximum of $500 in fines, and a license suspension. (S.D. Codified Laws §§ 22-6-2, 32-23-21 (2025).)

The suspension periods are 30 days for a first offense, 180 days for a second offense, and 1 year for a third or subsequent offense. During the suspension period, the driver might be eligible for a restricted license for driving to and from work, school, and counseling programs. (S.D. Codified Laws § 32-23-21 (2025).)

Plea Bargaining in DUI Cases

If you get charged with a DUI in South Dakota, you might be hoping to get the charge reduced or dismissed altogether. But South Dakota statutes prohibit the dismissal or reduction of a DUI without good cause. Unless the court throws out evidence that's critical to prove the charge, it's unlikely a prosecutor will agree to a complete dismissal. (S.D. Codified Laws § 32-23-1.3 (2025).)

Because a DUI could have serious consequences, you should always talk to a qualified attorney about your options.