South Dakota DUI Process

Below are general overviews of the processes in a DUI case in South Dakota. Keep in mind that every county in the state may have slightly different local rules, processes and procedures. For that reason, it is a good idea to discuss the process with a local DUI attorney who is experienced in the court where you face your charges.

South Dakota Impaired Driving Arrest Process

When a driver is stopped by a police officer for any reason, the officer will begin looking for signs that the driver is under the influence. These might include slurred speech, alcohol on the driver's breath or clothes, or the results of a portable breath test. If the officer believes that there's a good reason to think the driver is under the influence, the officer will arrest him or her. After anyone charged with a crime in South Dakota is arrested, the police officers who arrest him or her are required to inform him or her of the charges against him or her and bring the defendant before a judge or magistrate. Typically, this must be done within 48 hours of the arrest, but there is an exception if the State can demonstrate that unusual or emergency circumstances require a longer time. Unlike most states, in South Dakota, the police may not choose to release defendants who are charged with misdemeanor offenses or infractions with a citation. Instead, if the officer who stops a driver believes the driver has committed a DUI, the officer will arrest the driver and bring him or her before a judge or magistrate.

South Dakota DUI Court Process

When a South Dakota defendant appears in court, the judge or magistrate will first tell the defendant about the charges facing him or her and the punishments that are possible for a conviction. If any amount of time in jail is a possible punishment, the judge will inform the defendant of that possibility as well as the right to a public defender or court-appointed attorney for all of the proceedings starting with the initial appearance and extending through trial to an appeal. In the typical DUI case, it's usually at this point that the court will consider whether to release the defendant on bail before the trial. Bail will probably be granted in DUI cases in South Dakota, but the court can require various things from the defendant before allowing him or her to be released on bail, ranging from a promise to appear (which is known as "release upon one's own recognizances") to restrictions on the defendant's behavior, to a bond which the defendant must forfeit to the court if he or she fails to appear when called. Anyone charged with a Class 1 misdemeanor or a more serious crime (which includes most DUI offenses) in South Dakota is entitled to a preliminary hearing before a magistrate. In the preliminary hearing, the court will conduct an examination to determine whether a crime has been committed and whether the defendant is probably guilty of that crime. At this proceeding, the State will present witnesses and evidence which the defendant can challenge or refute with witnesses or evidence of his or her own. If the court concludes that the defendant probably is guilty of the crime he or she is charged with, the defendant will have to plead guilty or go to trial. Whether or not there is a preliminary hearing, before the trial begins, the defendant will be called upon to enter a plea. This is called an "arraignment" and consists of the judge or magistrate reading the official charges against the defendant aloud and asking the defendant to respond to them with a plea. The defendant must plead guilty, not guilty, or no contest to the charges. If the defendant pleads not guilty, the case will go to trial. Misdemeanor cases may be tried in magistrate court or in circuit court; felonies may only be tried in circuit court. 

South Dakota DUI Trial Process

All criminal cases are required to be tried to a jury of 12 unless the defendant asks for a bench trial. The jury must reach a unanimous verdict. Trial begins with the selection of the jury from a panel of potential jurors and the defendant may participate in the process of selecting them. Once the jury is selected and sworn, both the prosecution and the defense will give an opening statement. The State will present its witnesses and evidence, and the defense may challenge the State's case by cross-examining State witnesses. The defense may put on a case of its own or may rely on the burden on the prosecution to prove the defendant guilty beyond a reasonable doubt.