South Dakota DUI Laws

Driving while under the influence is a serious safety hazard. South Dakota takes driving a motor vehicle under the influence (DUI) seriously. You not only endanger yourself and your passengers, but you risk the lives of everyone around you.

While you may receive jail time for a first-time DUI conviction, South Dakota offers opportunities for treatment and rehabilitation. South Dakota has implemented a unique 24/7 sobriety program to help you avoid jail and encourage sobriety.

If you find yourself arrested and charged with a DUI, learn more about what to expect and what options are available.

Disclaimer: State laws can change through legislative, judicial, or other means. While FindLaw works hard to ensure the accuracy of its legal resources, it's a good idea to thoroughly research the law or check with an attorney to ensure you have the most recent information.

South Dakota's Driving Under the Influence Law

In South Dakota, it's illegal to drive or be in actual physical control of a vehicle if:

• You have a blood alcohol content (BAC) of 0.08% or more
• Your BAC is 0.04% if driving a commercial vehicle
• You're under the influence of alcohol, cannabis/tetrahydrocannabinol (THC), or a controlled drug or substance
• You're under the influence of any drug or prescription that impairs your ability to drive
• Have ingested, inhaled, or otherwise consumed a prohibited substance to become intoxicated
• Under the influence of a combination of intoxicating substances

Actual Physical Control

South Dakota's drunk and drugged driving laws don't require you to be driving a vehicle to face a DUI charge. If you're parked but have the keys, or the vehicle is running, the law may say you are in physical control of the car and could drive while intoxicated if you choose.

Per Se Offense

South Dakota recognizes a per se DUI offense when your BAC measures at the legal limit of 0.08% or greater. A per se offense only requires a valid chemical test proving your BAC is 0.08% or more to prosecute you. Law enforcement doesn't need evidence of actual impairment. If you're BAC is at or above the legal limit, you're intoxicated under the law.

But you can still face a DUI charge if you're BAC is less than 0.08%. This may happen if law enforcement has evidence you were too impaired to drive safely or if you have prohibited or intoxicating substances in your blood.

Implied Consent Law

When pulled over by a police officer who suspects you driving while intoxicated by drugs or alcohol, they will ask you to perform roadside tests to determine your impairment. The officer may ask you to perform a series of field sobriety tests (FST). They may also ask you to take a preliminary breath test or a breathalyzer. You may refuse these initial tests without additional penalty. The police officer may arrest you based on other evidence.

After your arrest, the implied consent law applies. Implied consent laws state that the very act of driving means you are agreeing to chemical tests when suspected of a DUI offense.

The officer will request that you take an evidentiary breath test or other chemical tests. This could be a blood test or test of other bodily substances. These tests will confirm the amount of alcohol in your blood and look for intoxicating substances.

You may refuse chemical tests, but there are consequences. Your driver's license suspension is for one year with a first refusal. This suspension is separate from one the court may order with your conviction. You must serve this suspension regardless of what happens with your criminal case.

The officer can still arrest you for a DUI without the chemical test results if they have other evidence. This could be driving erratically, your performance on the FSTs, slurring your words, or other factors.

The police officer may request a warrant to compel your cooperation with chemical tests. The prosecution can also submit evidence of your refusal against you in court.

DUI Conviction Penalties

Once arrested for a DUI, you will deal with the judicial system and the South Dakota Department of Public Safety (DPS). The judicial system will determine your criminal consequences. DPS handles your driving privileges and related requirements.

A judge may have you undergo a chemical dependency evaluation before sentencing. If your BAC is 0.17%, this evaluation is mandatory. Treatment and education recommendations become incorporated into your sentence and probation.

Fourth and subsequent offenses are also felonies. They carry mandatory jail time with probation, heavy fines, and lengthy license suspensions.

24/7 Sobriety Program

If you have multiple DUI convictions, your bail requirements or sentence may include participation in South Dakota's 24/7 Sobriety Program. If your BAC is 0.17% or greater, participation is mandatory.

Aimed at reducing recidivism, participants must undergo breath or urine testing twice per day, wear a drug testing patch, or wear an alcohol-monitoring ankle bracelet. If given driving privileges, you may also need to install an ignition interlock device in your vehicle.

The court will suspend some of your prison time as part of participation. If you violate your sobriety agreement or fail to appear for testing, you will immediately serve time in jail.

Restricted Licenses

You may be eligible for a restricted license to drive for limited purposes. This could be for work, school, childcare, or 24/7 Sobriety Program participation.

To be eligible, you must complete an approved chemical dependency program and provide proof of SR-22 insurance. The judge may require you to participate in the 24/7 Sobriety Program or install an ignition interlock device in your vehicle.

Ignition Interlock Device

While not mandatory, a judge may order you to install and maintain an ignition interlock device (IID) in your vehicle. Often, an IID is a condition of a restricted license.

An IID is a small electronic device connected to your vehicle's ignition. You must provide a breath sample into the IID every time you wish to drive. If the IID detects any alcohol, your car won't start.

Following a fourth offense or subsequent convictions, an IID may become mandatory following imprisonment in a penitentiary.

Zero Tolerance for Underage DUI

It is illegal to have or drink alcoholic beverages if you're under 21. It's also incredibly dangerous. Intoxicated driving causes 25% of fatal car accidents involving minors.

Because of these statistics, South Dakota has a zero-tolerance law against underage DUIs. It's a Class 2 misdemeanor for anyone under 21 to drive or be in actual physical control of a vehicle if your BAC is 0.02% or more.

Conviction for a first DUI carries a $500 fine and up to 30 days in jail. Your driver's license suspension is for 30 days.

If your BAC is 0.08% or more, you will face adult DUI penalties.

South Dakota DUI Resources:

• DUI Statutes, Driving Under the Influence
• South Dakota 24/7 Sobriety Program — Details and rules for the alcohol monitoring program for chronic DUI offenders 
• Revoked or Suspended Licenses — Information on how to schedule hearings, pay fines, and get your license back
• Driver Licensing — Official site of the state office overseeing driver's licenses 
• Defenses to Drunk Driving — Possible defenses to a DUI or DWI charge

Get Legal Help From an Experienced DUI Attorney

Facing a DUI charge is stressful. A DUI conviction can impact your life for many years. You'll want to consider your options if arrested in South Dakota. Speak with an experienced legal professional who can analyze your DUI case and provide valuable legal advice. Locate a South Dakota DUI defense attorney near you.