South Dakota DUI License Suspensions

In addition to the potential criminal consequences of a South Dakota DUI arrest, there is also the possibility of a civil license suspension. This article provides a brief overview of the laws surrounding South Dakota suspensions and hearings to challenge them.

South Dakota Implied Consent Law

Every person who drives in South Dakota is considered to have consented to having their blood, breath, or other bodily substances tested for alcohol and illegal drugs.  If a driver refuses, his or her license to drive will be revoked and the fact that he or she refused is admissible as evidence against the driver. The driver has the right to have any person who is allowed to perform a chemical test perform an additional test on him or her and to have the results of all tests given to the driver or his or her attorney.

South Dakota DUI License Suspension Hearings

If a driver wishes to challenge the revocation of his or her license, the driver must request a hearing within 120 days of his or her arrest.  The hearing will determine whether the police officer complied with the law in arresting and testing the driver and whether the driver actually refused the test. If the court determines that the officer followed the law and the driver refused the test, the driver's license to drive will be suspended for 1 year.