First Offense DUI in South Dakota

Offenders facing a first DUI in South Dakota will be subject to both criminal and administrative penalties, starting with arrest and concluding upon conviction. These penalties are applicable only to private drivers, who are of legal drinking age. Different penalties are applicable to minors in violations of zero tolerance laws, minors whose DUI cases are forwarded to juvenile courts, commercial drivers, and criminal cases involving multiple criminal charges. Likewise, the state of South Dakota adheres to implied consent laws, with refusals to submit incurring mandatory one (1) year license revocation, regardless of outcome of criminal proceedings.

Administrative Penalties

• Upon arrest, administrative proceedings for administrative suspension of license commence by default with outcome of at least thirty (30) days suspension, unless otherwise contested

• Upon reinstatement, driver must provide proof of fiscal responsibility, typically in form of SR-22 coverage

• Hardship and other restricted licensing possible pending case-specific considerations

Criminal Penalties

• First offense DUI convictions in South Dakota carry no mandatory minimum incarceration period, however, drivers face the potential of incarceration of up to one (1) year

• No enhanced or elevating penalties exist for offenses involving extreme BAC, although these factors may be taken into consideration at court’s discretion

• Ignition interlock devices not required for first offenders in DUI cases in South Dakota

• Fines not to exceed $1,000, but fine amount does not include costs of completing other terms of sentence or reinstating license

• Convictions carry influence in subsequent arrests for DUI for a period of ten (10) years only

Getting Legal Help

For more information and insight into defending a first offense DUI in South Dakota, it is imperative you consult with a South Dakota DUI lawyer.