Get Answers to Your Highest Priority South Dakota Legal Questions
Have questions? We have answers! Our South Dakota attorneys answer the questions they hear most often from clients just like you.
- Page 1
-
What are Field Sobriety Exercises (FSE)?
Field Sobriety Tests (FSE) are a set of divided attention tasks given on the roadside such as – walking on a straight line, standing on one leg while counting out loud, and touching your finger to your nose with your eyes closed.
The purpose of these exercises is to prove that a person is impaired. These exercises are then “graded” by the law enforcement officer as they are performed. However, the “grading” can be very subjective on the part of the officer. Whether you pass or fail is often based on the officer’s personal observations and impressions, not on any objective criteria
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.
-
If I’m pulled over for a potential DUI, am I required to take a breath test?
Yes. Any person operating a vehicle which has been involved in an accident or which is operated in violation of our state’s DUI laws, must, at the request of a law enforcement officer, submit to a breath test to be administered by the officer. If the breath test indicates that the driver has consumed alcohol, the law enforcement officer may require the driver to submit to a chemical test.
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.
-
Can I be arrested for DUI after a traffic accident?
Yes. A law enforcement officer may, without a warrant, arrest a person for a DUI when the officer has probable cause to believe that the person has been involved in a traffic accident and that a DUI violation occurred prior to or immediately following the traffic accident.
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.
-
If I’m convicted of a first offense DUI, will I lose my driver’s license? If so, can I still drive for limited purposes?
If your DUI conviction is a first offense, your driving privileges must be revoked for not less than thirty days. However, the court may allow you to operate a vehicle for employment, participation in the 24/7 sobriety testing program, attendance at school, or attendance at counseling programs. It should be noted that the court may also revoke your driving privilege for a period not to exceed one year or restrict the privilege as it sees fit for a period not to exceed one 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 sixth or subsequent DUI conviction?
• Class 4 felony
• 10 years imprisonment in South Dakota State Penitentiary, a $20,000 fine, or both
• Driving privileges must be revoked for not less than 3 years
• Enrollment in at least one of the following – (1) alcohol or drug accountability program (2) ignition interlock (3) breath alcohol interlock (4) alcohol monitoring bracelet (5) other enhanced monitoring tool
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 fifth or subsequent DUI conviction?
• Class 4 felony
• 10 years imprisonment in South Dakota State Penitentiary, a $20,000 fine, or both
• Driving privileges must be revoked for not less than 3 years
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 fourth offense DUI conviction?
• Class 5 felony
• 5 years imprisonment in South Dakota State Penitentiary, a $10,000 fine, or both
• Driving privileges must be revoked for not less than 2 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 third offense DUI conviction?
• Class 6 felony
• 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
• 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.
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.