South Dakota's Drugged Driving Laws

How drug use can result in a DUI charge in South Dakota and the penalties that result from a conviction.

South Dakota not only prohibits drunk driving but also driving under the influence of drugs (DUI) of drugs. The penalties for a drug DUI are generally the same as those for an alcohol-related offense.

This article discusses how South Dakota defines drugged driving and the consequences of a violation.

Drugged Driving Defined

A South Dakota motorist can be convicted of a drug DUI for driving or being in "actual physical control" of a vehicle while under the influence of marijuana, drugs, a controlled substance, or any other intoxicating substance.

For purposes of the state's DUI laws, under the influence means being impaired to an extent that the driver is incapable of safely driving.

Drugged Driving Penalties

The consequences of a South Dakota drugged driving conviction depend on the circumstances. But generally, a DUI carries the following possible penalties:

  • First offense. A first DUI conviction generally carries up to a year in jail, a maximum of $2,000 in fines, and a license suspension of 30 days to one year.
  • Second offense. For a second DUI within ten years, the offender is generally looking up to a year in jail, a maximum fine of $2,000, and a license suspension of at least a year.
  • Third offense. Generally, a third DUI within ten years is a felony and carries up to two years in prison, a maximum fine of $4,000, and a license suspension of at least a year.

The judge in criminal court can allow an offender to have a restricted license for limited driving during the suspension period.

Getting Legal Help

South Dakota DUI law is complex, and the facts of every case are different. If you've been arrested for driving under the influence, talk to an experienced DUI attorney in your area. A qualified DUI lawyer can tell you how the law applies to the facts of your case and help you decide on the best course of action.

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