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South Dakota DUI Penalties



South Dakota DUI PenaltiesBelow are the basic sentencing guidelines for South Dakota impaired driving convictions. The descriptions below are the minimum and ranges of punishments available. To determine what your penalty exposure is, it is always a good idea to consult with an experienced South Dakota lawyer who practices in the county where your arrest occurred.

DUI, First Offense

If a driver commits a South Dakota DUI and has never committed a DUI offense before, it will be considered a Class 1 misdemeanor, which means a maximum fine of $2000, up to 1 year in jail, or both. The driver’s license to drive will also be revoked for 30 days. However, the court has discretion to either make exceptions to the suspension to allow for employment or other purposes or to lengthen the suspension up to a maximum of 1 year. If the driver had a BAC of at least 0.17, he or she will also be required to attend an addiction screening with a certified addiction counselor.

DUI, Second Offense

If a driver commits a South Dakota DUI and has committed 1 DUI offense before, it will be considered a Class 1 misdemeanor, which means a maximum fine of $2000, up to 1 year in jail, or both. The driver’s license to drive will also be revoked for at least 1 year. After 1 year, the court has discretion to make exceptions to the suspension to allow for employment or other purposes.

DUI, Third Offense

If a driver commits a DUI and has committed 2 DUI offenses before, it will be considered a Class 6 felony, which means a maximum of 2 years in prison and up to a $4000 fine. The driver’s license to drive will also be revoked for at least 1 year. After the driver completes addiction counseling, the court has discretion to make exceptions to the suspension to allow for employment or other purposes.

DUI, Fourth Offense

If a driver commits a South Dakota DUI and has committed 3 DUI offenses before, it will be considered a Class 5 felony, which means a maximum of 5 years in prison and up to a $10,000 fine. The driver’s license to drive will also be revoked for at least 2 years. After the driver completes addiction counseling, the court has discretion to make exceptions to the suspension to allow for employment or other purposes.

DUI, Fifth Offense or more

If a driver commits a DUI and has committed at least 4 DUI offenses before, it will be considered a Class 4 felony, which means a maximum of 10 years in prison and up to a $20,000 fine. The driver’s license to drive will also be revoked for at least 3 years. After the driver completes addiction counseling, the court has discretion to make exceptions to the suspension to allow for employment or other purposes.

Note: DUI convictions that are more than 10 years old do not count as prior DUI offenses for the purposes of determining how many convictions a driver has.

Driver Under 21 Operating After Consumption

If a driver under age 21 has either a BAC of at least 0.02 or any detectable amount of an illegal drug in their system, they can be charged with a Class 2 misdemeanor, which means a maximum fine of $500, up to 30 days in jail, or both. The driver’s license to drive will also be suspended for 30 days for a first offense, 180 days for a second offense, or 1 year for a third offense or more. The court has the discretion to make exceptions to the suspension to allow for employment or other purposes.

Habitual Felons

If a person has committed at least one felony in the past, the next felony he or she commits will be punished one degree more severely than the new felony usually is. This means that if a driver has committed some other felony in the past and then commits a 3rd DUI, it will be punished as a Class 5 felony instead of a Class 6. Only felonies for which the defendant was released less than 15 years ago count for this purpose.

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