South Dakota DUI Laws

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The maximum prescribed legal BAC limit in South Dakota is 0.08% per se
(effective from July 1st 2002)

Unlike many states, South Dakota does NOT have a separate administrative per se action against the accused drunk driver’s license.

South Dakota DUI Laws and BAC limits

ALL DRIVERS - BAC LIMIT = 0.08%
In the State of South Dakota it is crime for ANY driver to drive with a BAC (blood alcohol content - concentration) of 0.08% and above.

COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
It is a crime for commercial vehicle operators to drive with a BAC (blood alcohol content - concentration) of 0.04% or above.

MINOR (under the age of 21) - BAC LIMIT = 0.02%
It is a crime for persons under 21 years of age to drive with a BAC (blood alcohol content - concentration) of 0.02% or above.

It is an offense to refuse to submit to a chemical test in South Dakota and implied consent laws are enforced.

South Dakota BAC Calculator

BLOOD ALCOHOL CONTENT CALCULATOR Calculate your BAC using our calculator, know your legal drunk driving limits and stay safe!!

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Penalties for DUI - Drunk Driving in South Dakota

South Dakota is a state with a ten-year ‘washout period’ also known as a 'look back period'.

NOTE: Out of State Convictions
Any convictions in other states, which, if committed in South Dakota would be a violation of South Dakota's DUI laws will count as prior convictions for sentencing purposes.

First DUI - Drunk Driving Conviction - Class 1 MISDEMEANOR

The penalty for a first DUI - drunk driving conviction in South Dakota:

• Fine: up to $2,000 fine
• Jail: up to 1 year in jail
• License Revocation: 30 days to 1 year drivers license revocation
• possible chemical dependency evaluation
• South Dakota SR22 Insurance Requirement

Second DUI - Drunk Driving Conviction - Class 1 MISDEMEANOR

The penalty for a second DUI - drunk driving conviction in South Dakota:

• Fine: up to $2,000 fine
• Jail: up to 1 year in jail
• License Revocation: not less than 1 year drivers license revocation
• possible chemical dependency evaluation
• South Dakota SR22 Insurance Requirement

Third DUI - Drunk Driving Conviction - Class 6 Felony

The penalty for a third DUI - drunk driving conviction in South Dakota:

• Fine: up to $4,000 fine
• Jail: up to 2 years imprisonment
• License Revocation: not less than 1 year drivers license revocation
• possible chemical dependency evaluation
• South Dakota SR22 Insurance Requirement

Fourth DUI - Drunk Driving Conviction - Class 5 Felony

The penalty for a fourth DUI - drunk driving conviction in South Dakota:

• Fine: up to $10,000 fine
• Jail: up to 5 years imprisonment
• License Revocation: not less than 2 years drivers license revocation
• possible chemical dependency evaluation
• South Dakota SR22 Insurance Requirement

Fifth DUI - Drunk Driving Conviction - Class 4 Felony

The penalty for a fifth DUI - drunk driving conviction in South Dakota:

• Fine: up to $20,000 fine
• Jail: up to 10 years imprisonment
• License Revocation: not less than 3 years drivers license revocation
• possible chemical dependency evaluation
• South Dakota SR22 Insurance Requirement

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Implied consent LAWS

It is an offense to refuse to submit to a chemical test in South Dakota and implied consent laws are enforced.

Penalties for refusing to submit to a chemical test in South Dakota

If a person refuses to submit to a chemical test in South Dakota their drivers license will be suspended for 1 year for the refusal.

The refusal will also be admissible as evidence in any subsequent DUI trial and used to help secure a DUI conviction.

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South Dakota SR22 insurance (High Risk auto Insurance)

list of auto insurance companies we search to find you the best rate

South Dakota SR-22 auto insurance is usually required for a period of 3 years after a DUI - drunk driving - alcohol related driving conviction and can be very expensive if you go with the wrong provider.  Some insurance companies will not even do an SR22 insurance filing. Get a FREE SR22 DUI auto insurance quote and compare rates to find the best deal, simply enter your ZIP code above and you can be comparing prices for South Dakota auto insurance in a matter of minutes.

Minimum liability insurance requirements for private passenger vehicles in the state of South Dakota

The minimum mandatory liability insurance coverage required in the state of South Dakota for private passenger vehicles is (25/50/25). This equates to the following liability coverage:

• $25,000 bodily injury liability (BIL) per person
• $50,000 for two or more people in one accident
• $25,000 property damage liability (PDL) coverage

What is (BIL) Bodily Injury Liability insurance?

(BIL) Bodily Injury Liability insurance coverage will pay for serious and permanent injury or death to other people when a crash is caused by the insured. An auto insurance company will pay for injuries up to the limits specified in an insurance policy and will provide legal representation for the insured in the event someone tries to sue them.

What is (PDL) Property Damage Liability insurance?

(PDL) Property Damage Liability insurance coverage pays for damages an insured driver or members of an insured drivers family cause (and are liable for) to other people's property in a crash involving a motor vehicle.

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FREE DUI / DWI Case evaluation & by local South Dakota Lawyer

OR

Protect your rights! Talk to a local DUI lawyer South Dakota DUI cases tend to move quickly through the system, and there may be important deadlines that affect your right to assert certain defenses or call witnesses. It’s important that you understand the process your South Dakota drunk driving case will follow and the important requirements and deadlines before you take any action—but you can’t afford to delay. Talk to a local South Dakota Drunk Driving Attorney as soon as possible to gather important information such as: • What penalties do you face if convicted of DUI in South Dakota? • What are the indirect penalties, such as increased insurance rates and diminished job opportunities in South Dakota? • Does South Dakota have a mandatory ignition interlock device law? • Was your breathalyzer or blood alcohol content (BAC) test properly administered in accordance with South Dakota laws and procedures ? • When and how can you get your driver’s license reinstated in South Dakota? It’s easy to make mistakes under pressure, so make sure that you have the information you need to make good, educated decisions during this process. Contact a local South Dakota criminal defense attorney specializing in South Dakota drunk driving laws today.

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Disclaimer: While every effort is made to keep all information up to date, the South Dakota drunk driving laws change frequently and the information provided on this web site should not be construed as legal advice, nor is it necessarily complete. Drinkdriving.org shall not be held responsible for any actions a person may take as a result of information gathered from this web site. Consultation with a local South Dakota DUI lawyer is recommended in all cases.

Useful South Dakota DUI Links:

DUI - Drunk Driving Laws in South Dakota

South Dakota Drivers Manual

South Dakota SR22 Insurance Requirement

South Dakota DMV (Division of Motor Vehicles)

South Dakota Department of Transportation

South Dakota Division of Insurance

South Dakota Courts (Unified Judicial System)

South Dakota DUI Lawyers

South Dakota DUI discussion forum

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Latest South Dakota DUI News

Bogus stop can still lead to DUI charge, South Dakota Supreme Court rules - In-Forum

Bogus stop can still lead to DUI charge, South Dakota Supreme Court rules In-Forum The South Dakota Supreme Court has ruled that a circuit judge was wrong to suppress evidence of drunken driving obtained after Brian Amick was pulled over in 2011. A sheriff's deputy stopped Amick because the deputy could not see a rear license plate ... and more »

Wyoming bill models South Dakota anti-drunk-driving program - Billings Gazette

Wyoming bill models South Dakota anti-drunk-driving program Billings Gazette Wyoming Attorney General Greg Phillips, Mike Reed from the Governor's Council on Impaired Driving, and South Dakota's 24/7 Sobriety Program Coordinator Bill Mickelson presented the program to the committee and spoke in glowing terms about its ... and more »

NTSB Pushes To Change DUI Standard - KDLT News

KDLT News

NTSB Pushes To Change DUI Standard KDLT News The United States is among only a handful other countries to have a .08 drunk driving standard. Keep in mind the National Transportation Safety Board makes only recommendations to state and the federal governments and cannot make laws. It will be up to ...

DWI Arrests Could Increase - KDLT News

KDLT News

DWI Arrests Could Increase KDLT News In 2011 alone, 32 people died from alcohol impaired accidents in South Dakota and over 5,200 DUI arrests were made. While Wollman believes lowering the legal BAC level could help to prevent those deaths, he says it would also mean more business for ...

Attorneys Look Into South Dakota DUI Blood Draw Law - KELOLAND TV

KELOLAND TV

Attorneys Look Into South Dakota DUI Blood Draw Law KELOLAND TV Coming up tonight on KELOLAND News we'll talk with Minnehaha County State's Attorney Aaron McGowan and the Minnehaha County Public Defender's Office about how South Dakota will proceed with requiring blood draws for those arrested for DUI. US Supreme Court ruling might change handling of DUIsSioux Falls Argus Leader all 6 news articles »

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