South Dakota DUI Laws & Drunk Driving Penalties


Overview of the penalties upon conviction of DUI in South Dakota

South Dakota DUI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.

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

What are the penalties for DUI in South Dakota?

The penalties for driving under the influence in South Dakota will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.

SD DUI Penalties

South Dakota is a state with a 10 year 'washout period' also known as a 'look back period'

1st DUI Offense / Conviction - Class 1 Misdemeanor

The penalty upon conviction of a first DUI offense in South Dakota:

2nd DUI Offense / Conviction - Class 1 Misdemeanor

The penalty upon conviction of a second DUI offense in South Dakota:

3rd DUI Offense / Conviction - Class 6 Felony

The penalty upon conviction of a third DUI offense in South Dakota:

4th DUI Offense / Conviction - Class 5 Felony

The penalty upon conviction of a fourth DUI offense in South Dakota:

5th DUI Offense / Conviction - Class 5 Felony

The penalty upon conviction of a fifth DUI offense in South Dakota:

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Implied Consent (Chemical Testing) Laws

South Dakota Chemical Testing 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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What is the legal alcohol limit in South Dakota

The maximum legal BAC (blood alcohol content) limits in South Dakota for driving are as follows:

ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of South Dakota it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.

DRIVERS UNDER 21 - BAC LIMIT = 0.02%
In the State of South Dakota it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.02% or more, by weight, of alcohol in his/her blood.

COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of South Dakota it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.

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

Cities in South Dakota

Aberdeen, Belle Fourche, Beresford, Britton, Brookings, Canton, Chamberlain, Clear Lake, Custer, De Smet, Deadwood, Elk Point, Gettysburg, Hot Springs, Howard, Huron, Lemmon, Madison, Milbank, Miller, Mitchell, Pierre, Rapid City, Sioux Falls, Sisseton, Spearfish, Sturgis, Vermillion, Wagner, Watertown, Winner, Yankton.


Counties in South Dakota

Aurora, Beadle, Bennett, Bon Homme, Brookings, Brown, Brule, Buffalo, Butte, Campbell, Charles Mix, Clark, Clay, Codington, Corson, Custer, Davison, Day, Deuel, Dewey, Douglas, Edmunds, Fall River, Faulk, Grant, Gregory, Haakon, Hamlin, Hand, Hanson, Harding, Hughes, Hutchinson, Hyde, Jackson, Jerauld, Jones, Kingsbury, Lake, Lawrence, Lincoln, Lyman, Marshall, McCook, McPherson, Meade, Mellette, Miner, Minnehaha, Moody, Pennington, Perkins, Potter, Roberts, Sanborn, Shannon, Spink, Stanley, Sully, Todd, Tripp, Turner, Union, Walworth, Yankton, Ziebach.


DUI Laws - Drinkdriving.org

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