South Dakota DUI Laws

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The maximum prescribed legal BAC limit in South Dakota is 0.08% per se
(effective from Jul 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 a crime 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', this means that a prior conviction is not admissible after ten years. If it is ten years and one day since a driver was convicted of DUI, that driver will be considered a first-time offender. If a driver commits a DUI within ten years of the first DUI, they are considered guilty of a second offense and are subjected to harsher punishments.

First DUI - Drunk Driving Conviction - MISDEMEANOR

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

• up to $1,000 fine
• up to 1 year in jail
• minimum 30 days drivers license revocation (driving privileges can be restricted or revoked for up to 1 year)

Second DUI - Drunk Driving Conviction - MISDEMEANOR

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

• up to $1,000 fine
• up to 1 year in jail
• minimum 1 year drivers license revocation (restriced driving privileges may be available)
• attendance at chemical dependency program (possible restricted drivers license available upon completion)

Third DUI - Drunk Driving Conviction - Felony

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

• up to $2,000 fine
• up to 2 years in jail
• minimum 1 year drivers license revocation commencing after release from jail
• attendance at chemical dependency program (possible restricted license available upon completion)

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Implied consent LAWS

It is a crime 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 you refuse a chemical test, your drivers license can be suspended for a period of 1 year and the refusal will be used as evidence against you in a DUI trial.

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South Dakota SR22 insurance (High Risk DUI SR22 Insurance)

South Dakota auto insurance quotes ZIP Code

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

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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 specialising 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 should not be construed as legal advice. 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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