South Dakota DUI Laws

The state of South Dakota has around 190 fatal auto accidents each year and 41% are alcohol related. This percentage has fluctuated a bit over the years, but it’s still less than 39 other states. South Dakota keeps its roads safer than most  in several ways. For starters, South Dakota’s DUI fines are expensive, averaging $1,000 up to $2,000 or more. Next, South Dakota doesn’t hesitate to hand out hefty jail sentences. You could end up in jail for 12 months for a first DUI offense.

What is the blood alcohol content level (BAC) limit in the state of South Dakota?

In the state of South Dakota, it is a crime to operate a motor vehicle with a blood alcohol content level (BAC) of 0.08% or higher. Sentence enhancements exist for cases involving a BAC of 0.17% or higher. It is important to note that you can still be prosecuted for a BAC less than 0.08%.

In the state of South Dakota what is the administrative license suspension period for a first offense?

In the state of South Dakota, if you get arrested for DUI, there is no administrative license suspension period. It is up to a judge if he or she will allow you to drive with a restricted license while awaiting trial. Restricted licenses are only granted under extreme circumstances related to your health, substance abuse counseling or work. 

In the state of South Dakota, what are the penalties for a first DUI offense? Second offense?

For a first offense, your license will be suspended for no less than 30 days up to 12 months. The fine for a first offense is $1,000. For a second offense, you will lose your license and your freedom for one full year. A third offense is a felony. You will go to prison for up to 24 months, you will have to pay a $2,000 fine, and your license will be suspend for 12 months after you have completed your sentence and your license has been reinstated.