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:
- 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
- SD SR22 Insurance (proof of financial responsibility) Requirement
2nd DUI Offense / Conviction - Class 1 Misdemeanor
The penalty upon conviction of a second DUI offense 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
- SD SR22 Insurance (proof of financial responsibility) Requirement
3rd DUI Offense / Conviction - Class 6 Felony
The penalty upon conviction of a third DUI offense 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
- SD SR22 Insurance (proof of financial responsibility) Requirement
4th DUI Offense / Conviction - Class 5 Felony
The penalty upon conviction of a fourth DUI offense 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
- SD SR22 Insurance (proof of financial responsibility) Requirement
5th DUI Offense / Conviction - Class 5 Felony
The penalty upon conviction of a fifth DUI offense 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
- SD SR22 Insurance (proof of financial responsibility) Requirement
Implied Consent (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.
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.
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