Kinney Law, pc

Spearfish Office
121 W. Hudson Street
P.O. Box 729
Spearfish, SD 57783

Phone: 605-642-2147
Fax: 605-642-4079
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Rapid City Office
625 1/2 Main St
Suite 2
Rapid City, SD 57701

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Sturgis Office
2275 Lazelle Street
Sturgis, SD 57785

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605-642-2147
Fax 605-642-4079

Spearfish Criminal Defense Blog

How a DUI affects tourists in South Dakota

Have you been enjoying the thrilling events at the Sturgis Motorcycle Rally? Along with rides, concerts, contests and food, your entertainment has probably included consuming alcohol to beat the heat and relax.

Whether it is your first time attending or you go every year, one thing to always remember is to stay off your bike after drinking. Driving under the influence out of state is still a serious offense. In addition to the physical harm you can cause yourself and others, drunk driving comes with legal consequences that will follow you home.

Do police target tourists to make arrests?

Whether you are planning a quick weekend getaway or a relaxing week-long vacation, Sturgis is a popular destination to hit. The town is home to the annual motorcycle rally, but there are plenty of other attractions that draw tourists to the area, too. No matter the nature of your visit, nothing will throw a wrench in your plans like getting arrested by local law enforcement.

The aggression police officers maintain even towards tourists might surprise you. In some cases, it may seem that tourists are a target of law enforcement. There are a few reasons why police may target tourists for arrest more frequently than others in the area.

What progress in marijuana laws means for South Dakotans

There are many advocates in South Dakota and surrounding areas who would love to see marijuana legalized. In recent years, they have made significant progress in convincing state and federal authorities to rethink legislature which bans marijuana and its derivative compounds. Considerations have taken place as recently as a few months ago, in fact, that might be indicative of progress.

There are several things that every South Dakotan — or person visiting South Dakota — should know about marijuana in the state. Read on for more information on its current legal status, the possibility of that status changing in the foreseeable future and the consequences currently associated with possession.

The consequences of an underage DUI on your teen

Raising a teenager comes with many challenges, from school to relationships. One challenge you do not want to face as a parent is your teen driving while drunk. If it does happen, and your son or daughter has a DUI charge, you may have many questions about how it will affect your teen's future.

You may worry that a DUI conviction will make it difficult for your child to apply for college or employment. You may be worried your teen is on a slippery slope, or maybe this incident came as a complete surprise. No matter the circumstances, it is important to know what a first-time DUI will mean for your teen.

Can a drug dog sniff your car at a traffic stop?

South Dakota enjoys a thriving tourist business, but many visitors bring their medical marijuana prescriptions from another state, not realizing that South Dakota law does not recognize the prescription as legal. If the police stop you in a routine traffic stop, can they use a drug dog to search your vehicle?

 

South Dakota's penalties for repeat DUI offenders

If you are ever pulled over and charged with drinking and driving in South Dakota, you can expect to have to forfeit your license for somewhere between 30 days and a year. You may find yourself charged with the crime if you blow into a Breathalzyer and it shows your blood alcohol content to be above the legal limit of 0.08 percent.

When marijuana is legal in your state but not in many others

Marijuana laws in the United States tend to get more flexible and expansive every year. As of the beginning of 2017, such states as Colorado, California and Nevada allow recreational use. Medical use is okay in these states as well as in Montana and North Dakota. However, in South Dakota, along with many other states, marijuana is not legal in any form. This can spell trouble when tourists, such as Sturgis rally-goers, visit South Dakota.

Hygiene products may influence breath test results

Maybe you have heard the urban myth that you can beat a breathalyzer simply by sucking on a penny, which has been around since at least 1994, according to Snopes. Even though the myth is completely false, people still try it today. Many attempt to fool a breathalyzer using mints or mouthwash. Not a good plan, because these products often contain small amounts of alcohol that will actually inflate the blood alcohol concentration (BAC).

What could affect the accuracy of a breath test?

If a law officer pulls you over on the suspicion of drunk driving, you may be facing a breathalyzer test. The amount of alcohol in your bloodstream can be measured when you breathe into this small device. While this test can help officers determine your blood alcohol concentration level with considerable accuracy, the results can be skewed or negated by a variety of factors.

The dangers of mixing alcohol and prescription drugs

Most people know that drinking and driving is dangerous. Perhaps you never have more than one drink if you need to drive home at the end of the night. What you may not know is that prescription drugs can make this situation dangerous regardless of how much you drink. Any combination of alcohol and prescription drugs can lead to a DUI or even death.

If you take prescription drugs, you should know the following information before getting behind the wheel. 

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