9 Questions About DUI Penalties In South Dakota

In South Dakota, law enforcement officials take DUI seriously. As a result, the penalties for a DUI conviction are often stiff.

Here are nine questions about DUI penalties in South Dakota.

Question #1 – What is the maximum penalty for a first offense DUI conviction?

• Class 1 misdemeanor

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

• Driving privileges must be revoked for at least 30 days

Question #2 – 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

Question #3 – 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

Question #4 – 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 years20

 Question #5 – 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

Question #6 – 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

Question #7 – What additional penalty can be imposed if you have a very high BAC?

If you are convicted of a first offense DUI, and your BAC is 0.17 percent or higher, you are required to undergo a court-ordered evaluation to determine if you are chemically dependent. The cost of this evaluation is paid by you. The evaluation’s recommendations are provided to the referring judge.

Question #8 – Are DUI convictions from other states considered in determining multiple offenses?

Yes. Any conviction for DUI in another state that took place within the past ten years is generally used to determine if a violation is a second, third, or subsequent offense.

Question #9 – Do you have the right to hire your own blood testing technician?

Yes. In South Dakota you are allowed to have a physician, laboratory technician, registered nurse, physician’s assistant, or medical technologist of your choosing to administer the chemical analysis in addition to the analysis administered at law enforcement’s direction.

Charles Huff
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Family Law and Criminal Law Attorney