South Dakota Drunk Driving Laws
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BAC is a calculation that expresses a driver's blood-to-alcohol ratio—a percentage based on the amount of alcohol found in the person’s breath, blood, or urine. When a driver is suspected of DUI, an officer may administer one or more chemical tests to determine this figure.
In South Dakota, a driver is considered impaired once his or her BAC reaches 0.08% or higher. As a result, even if a person shows no signs of intoxication, he or she can be arrested and charged with DUI for driving with an illegal BAC. There are, however, two exceptions to this rule: underage drivers can be arrested for DUI with a BAC of 0.02%, while commercial vehicle operators are deemed impaired with a BAC of 0.04% or higher.
Regardless of which of the above BAC guidelines applies to you, state law requires all drivers to submit to chemical testing when an officer suspects them of driving under the influence. Known as the “Implied Consent Law,” this requirement makes it illegal for a driver to refuse to perform a breathalyzer or other chemical test. What's more, under this law, refusing a chemical test can actually lead to harsher penalties than failing.
If you are convicted of DUI, the penalties you receive will be based primarily upon your prior history of driving under the influence. For a first offense, your sentence may include a $1,000 fine, 30-day license suspension, and up to a one-year jail sentence. While a second conviction carries the same fine and jail sentence as a first offense, this time your driving privileges will be revoked for no less than 180 days.
Finally, if you are convicted of a third DUI, the offense will be classified as a felony and carry a $2,000 fine, one-year license suspension, and up to a two-year jail sentence. As a convicted felon, many of your personal freedoms may also be at stake—including your right to vote, obtain a passport, and purchase a firearm.
The good news is that being arrested for DUI does not mean you will be convicted of the offense in criminal court. In fact, with the right legal strategy, many drivers are able to reduce or avoid many or all of the penalties of a drunk driving conviction. To learn how you can do the same, complete our online form today to schedule a free, no-obligation consultation with a skilled DUI defense attorney in your area.
