South Dakota Second-Offense DUI

The penalties—including license suspension, fines, and possible jail time—for a second DUI conviction in South Dakota.

Driving under the influence (DUI) is considered a second offense in South Dakota if the offender has one prior conviction within the last ten years. A second-offense DUI is a class 1 misdemeanor and generally carries jail, fines, license revocation, and some form of treatment. This article discusses the specific penalties you'll face if convicted of a second DUI (sometimes called DWI—driving while impaired) in South Dakota.

Criminal Penalties

Jail time. The court can sentence a second-offense DUI offender to a maximum one year in jail. However, the court can suspend part or all of the jail sentence and place the offender on probation. Probation requires the offender to abide by certain requirements and to abstain from further criminal activity. Failure to comply with the conditions of probation can result in the offender having to serve the original jail sentence.

Fines. A person convicted of a second DUI will be fined up to $2,000.

Treatment. The court will often require the offender to complete a court-approved chemical dependency program as part of probation. Treatment requirements can include educational classes, treatment, or the 24/7 sobriety program. The 24/7 sobriety program uses random testing or electronic monitoring to ensure the offender is abstaining from the use of any drugs and/or alcohol.

Driver's License Sanctions

For a second DUI conviction, the court will order the driver's license revoked for at least one year. However, the court can grant a restricted license, permitting travel to work and treatment. The restricted license requires proof of financial responsibility (SR-22), completion of a treatment program, proof of need (for employment, school, and the like), and participation in the 24/7 sobriety program.

Test Refusal. If the driver refused to submit to a lawfully requested alcohol test in violation of the state's implied consent law, his or her license will be revoked for an additional year. This revocation period is separate and consecutive to the DUI revocation, but the offender can still apply for a restricted license.

Talk to an Attorney

South Dakota has restrictions on reducing or dismissing DUI charges, but every case is different. Visit with an attorney who is familiar with your local courts to ensure your interests are protected.

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