Get Answers to Your Highest Priority South Dakota Legal Questions

Swier Law Firm FAQ

 

Have questions? We have answers! Our South Dakota attorneys answer the questions they hear most often from clients just like you.

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  • What is the maximum penalty for a third offense DUI conviction?

    • Class 6 felony

    DUI Lawyer Swier Law Firm

    • 2 years imprisonment in South Dakota State Penitentiary, a $4,000 fine, or both

    • Driving privileges must be revoked for not less than 1 year

    Have You Been Charged With DUI (Driving Under The Influence)In South Dakota?

    If you've been accused and arrested for driving under the influence in South Dakota you need to speak with an experienced DUI lawyer as soon as possible. Please contact us online or call our office directly at 888.864.9981 to schedule your free consultation.

  • What is the maximum penalty for a second offense DUI conviction?

    • Class 1 misdemeanor

    DUI Lawyer Swier Law Firm

    • 1 year in the county jail, a $2,000 fine, or both

    • Driving privileges must be revoked for not less than 1 year

    Have You Been Charged With DUI (Driving Under The Influence)In South Dakota?

    If you've been accused and arrested for driving under the influence in South Dakota you need to speak with an experienced DUI lawyer as soon as possible. Please contact us online or call our office directly at 888.864.9981 to schedule your free consultation.

  • What happens if I miss my DUI court appearance?

    It is never good to miss your South Dakota court appearance. At a minimum, the court will likely issue a summons or warrant for your arrest. You may also face additional charges. Often, your only option is to turn yourself in on the outstanding warrant.

    DUI Lawyer Swier Law Firm

    Have You Been Charged With DUI (Driving Under The Influence)In South Dakota?

    If you've been accused and arrested for driving under the influence in South Dakota you need to speak with an experienced DUI lawyer as soon as possible. Please contact us online or call our office directly at 888.864.9981 to schedule your free consultation.

  • What is an SR-22 filing?

    An SR-22 filing is a certificate of proof of financial responsibility (liability insurance) submitted by an insurance company licensed to do business in South Dakota. South Dakota requires an SR-22 filing for any DUI conviction. Failing to maintain an SR-22 may result in the revocation or re-revocation of your driver’s license. DUI Lawyer Swier Law Firm

    Have You Been Charged With DUI (Driving Under The Influence)In South Dakota?

    If you've been accused and arrested for driving under the influence in South Dakota you need to speak with an experienced DUI lawyer as soon as possible. Please contact us online or call our office directly at 888.864.9981 to schedule your free consultation.

  • What impact will a South Dakota DUI conviction have on my insurance?

    A South Dakota DUI conviction will very likely raise your insurance rates or result in the cancellation or non-renewal of your insurance policy. 

    Have You Been Charged With DUI (Driving Under The Influence)In South Dakota?

    DUI Lawyer Swier Law Firm

    If you've been accused and arrested for driving under the influence in South Dakota you need to speak with an experienced DUI lawyer as soon as possible. Please contact us online or call our office directly at 888.864.9981 to schedule your free consultation.

  • What happens if I’m from another state but I’m convicted of DUI in South Dakota?

    Technically, if you are from another state and are convicted of a DUI in South Dakota, the South Dakota court will suspend your driving privileges in South Dakota. However, a South Dakota court technically does not have jurisdiction over another state so it can’t suspend your out-of-state driver’s license. However, this doesn’t mean that you’ll be able to continue driving without any consequences because it’s likely that your home state has an agreement with South Dakota to share DUI conviction information. This allows your home state to suspend your driver’s license when you get home.

    DUI Lawyer Swier Law Firm

    Have You Been Charged With DUI (Driving Under The Influence)In South Dakota?

    If you've been accused and arrested for driving under the influence in South Dakota you need to speak with an experienced DUI lawyer as soon as possible. Please contact us online or call our office directly at 888.864.9981 to schedule your free consultation.

  • Will a South Dakota DUI conviction go on my driving record?

    Yes. A DUI conviction in South Dakota will go on your driving record and remain indefinitely.

    DUI Lawyer Swier Law Firm

    Have You Been Charged With DUI (Driving Under The Influence)In South Dakota?

    If you've been accused and arrested for driving under the influence in South Dakota you need to speak with an experienced DUI lawyer as soon as possible. Please contact us online or call our office directly at 888.864.9981 to schedule your free consultation.

  • I was pulled over at a DUI roadblock by law enforcement. Is this legal?

    Yes. As long as law enforcement uses a neutral policy when stopping vehicles and they minimize any inconvenience to you, roadblocks are legal in South Dakota. 

    Have You Been Charged With DUI (Driving Under The Influence)In South Dakota?

    DUI Lawyer Swier Law Firm

    If you've been accused and arrested for driving under the influence in South Dakota you need to speak with an experienced DUI lawyer as soon as possible. Please contact us online or call our office directly at 888.864.9981 to schedule your free consultation.

  • Do I have to be driving a vehicle to be charged with DUI?

    No. A person who is in actual physical control of a motor vehicle (including a motorcycle) can be charged with DUI, even if he is not actually driving the vehicle. 

    Have You Been Charged With DUI (Driving Under The Influence)In South Dakota?

    DUI Lawyer Swier Law Firm

    If you've been accused and arrested for driving under the influence in South Dakota you need to speak with an experienced DUI lawyer as soon as possible. Please contact us online or call our office directly at 888.864.9981 to schedule your free consultation.

  • Do I need to have a BAC level of 0.08 percent to be charged with DUI?

    Do I need to have a BAC level of 0.08 percent to be charged with DUI? No. If it is clear that alcohol consumption has rendered a driver incapable of driving safely, you can be charged with DUI. However, if your BAC level is under 0.08, you are presumed to NOT be under the influence of alcohol.

    DUI Lawyer Swier Law Firm

    Have You Been Charged With DUI (Driving Under The Influence)In South Dakota?

    If you've been accused and arrested for driving under the influence in South Dakota you need to speak with an experienced DUI lawyer as soon as possible. Please contact us online or call our office directly at 888.864.9981 to schedule your free consultation.