DUI Laws in South Dakota
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Ignition Interlock Device Laws
- South Dakota ignition interlock device laws do not have mandatory requirements for interlock devices, but the court may require any DUI offender, even first-time offenders, to participate in the state’s 24/7 sobriety program.
- The program requires periodic drug/alcohol testing.
- The installation of an ignition interlock device may also be a condition of the program.
- Imposition of this penalty is at the court’s discretion.
License Suspension
Administrative Suspension
In South Dakota, any driver who registers a BAC of .08% or higher while operating a vehicle will be charged with DUI. A driver with a BAC between .05% and .08% may also be charged if the arresting officer determines that the driver’s abilities were impaired at the time of arrest.
Unlike most states, DUI laws in South Dakota do not impose an immediate license suspension on all drivers charged with DUI.
Judicial Suspension
Upon conviction for DUI, offenders are subject to court-ordered license suspensions, fines, and jail sentences.
DUI Penalties and Fees in South Dakota
| 1st Offense | Fine: Up to $2,000 Jail Time: Up to 1 year Period of License Suspension: 1 year maximum |
|---|---|
| 2nd Offense | Fine: Up to $2,000 Jail Time: Up to 1 year Period of License Suspension: 1 year minimum |
| 3rd Offense | Fine: Up to $4,000 Jail Time: Up to 2 years Period of License Suspension: 1 year minimum |
| 4th Offense | Fine: Up to $10,000 Jail Time: Up to 5 years Period of License Suspension: 2 year minimum |
Get Your Suspended Drivers License Reinstated
Our goal is to get you back to the road safely and legally, here’s how to get your license back
Schedule Install South Dakota License ReinstatementSource(s): S.D. Codified Laws §§ 32-23-1, 56-5-2941
DMV.org: The DMV Made Simple. DUI & DWI in South Dakota. Retrieved April 17, 2017 from http://www.dmv.org/sd-south-dakota/automotive-law/dui.php
Last Updated: November 13, 2019
This information was obtained from third party sites and is for informational purposes only. Although RoadGuard attempts to keep in the information up to date, it is provided "as-is" and RoadGuard disclaims all warranties, express and implied, including but not limited to its accuracy and completeness. Any reliance on this information is at your sole risk. The information is not intended as legal advice and should not be relied on as such. If you need advice concerning the State’s requirements or your personal obligations please consult with your monitoring authority, attorney or local court.
