Kinney Law, pc

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

Phone: 605-642-2147
Fax: 605-642-4079
Spearfish Law Office Map

Rapid City Office
2020 W. Main St
Suite 103
Rapid City, SD 57702

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Sturgis Office
2275 Lazelle Street
Sturgis, SD 57785

Sturgis Law Office Map

Contact The Firm
Fax 605-642-4079

Spearfish Criminal Defense Blog

Can a DUI affect job prospects in South Dakota?

Impaired driving is a serious issue that affects many people throughout the state of South Dakota. The state's Department of Public Safety reports that 28 people die every day as a result of drunk driving crashes in the United States.

There are many penalties on the books for a DUI conviction, even if it is for a first offense. During the trial, the defendant may focus on potential jail time, heavy fines and a suspended driver's license for up to one year. However, a conviction can lead to long-lasting effects even after paying the fine. The person may also have a harder time getting a new job in the future. 

DUI offenses that can jeopardize your CDL

When commercial drivers face a criminal charge, the first thing they want to know is whether they will lose their license. Under state and federal law, CDL holders operate under tougher restrictions than ordinary drivers.

If you are charged with an offense that could result in suspension or revocation of your CDL, you have very limited time from the date of the citation to ask for a hearing. This means it is important to act fast and speak with an experienced attorney about the best way to handle your case.

3 ways to use breathalyzer test results in your DUI defense

If you are dealing with a DUI charge in Spearfish, you might not realize the different strategies you can use to strengthen your defense. Whether you plan to plead your innocence or hope for the prosecutor to offer a plea deal, it is best for you to consider all possible DUI defense tactics

If you took a breathalyzer test at the time of your arrest, your attorney might be able to call into question the accuracy of your results. It is important for you to not take a DUI charge lightly. A conviction carries penalties that can make it more difficult for you to get back on track. Here are some ways your attorney may challenge breathalyzer evidence in your case: 

How drug courts help combat meth addiction

If you count yourself among the many people across South Dakota currently grappling with an addiction to methamphetamine, you may have a firm understanding of just how tough this addiction can be to beat. Unfortunately, many prisons across the state and nation are filled with offenders who may, if not for their drug addictions, not need to be there, so there is a clear and present need for treating the addicts, as opposed to simply punishing them.

One way many communities are working to alleviate drug problems is by enrolling some nonviolent criminal offenders in drug courts, as opposed to having them serve time behind bars. Drug courts have many proven benefits for you, the addict, as well as your community, and they can prove tremendously beneficial when it comes to helping you beat your addiction.

3 steps to help your criminal defense case

Facing criminal charges in South Dakota may seem like an uphill battle, but that does not mean you are helpless in your situation. Just as there are things you can do that would make your case worse, there are also things you can do that would help your case.

Try these three tips for the best chances of avoiding a conviction.

Factors that can impact Breathalyzer accuracy

If you find yourself traveling through Sturgis or another part of South Dakota and a law enforcement officer pulls you over and believes you are driving while intoxicated, he or she will likely ask you to take a breath test with a device known as a Breathalyzer. Breathalyzers assess the amount of alcohol you have in your body to give authorities a sense of how impaired you might be behind the wheel. While, if used and calibrated properly, these devices are often accurate, there are several factors that can cause them to produce false results.

Because the penalties linked with drinking and driving in South Dakota are so substantial, it is critical that your breath test reveal accurate, and not falsely elevated, results. However, it may produce a false reading of your blood alcohol content if:

2 defense options for a marijuana possession charge

With jurisdictions around the country taking steps to legalize the use of medicinal and recreational marijuana, you may feel there is nothing wrong if you use a little of the substance here and there. Though you may be a supporter of legalization, it is still a crime to use and possess marijuana in South Dakota. If an officer pulls you over and arrests you for being in possession of marijuana, you could end up with a drug charge. 

You may think that you cannot do anything about the charge but to accept the consequences. But a criminal charge means you allegedly committed a crime. It is up to the prosecution to use evidence they may have against you to secure a conviction. You should not take any criminal accusations lightly. Here are two drug possession defense tactics you should consider. 

Is it possible to have my DUI charge dismissed?

If you are facing criminal charges in the Spearfish area for a DUI, you may find yourself wondering if there is some way for you to beat them. You may not believe you deserve those charges and are beating yourself up about the circumstances that led to this predicament. But there is still time for the tide to turn in your favor.

It is possible for an alleged offender to have DUI charges dropped. However, not everyone who receives a DUI charge qualifies. Here is a brief overview of different defense strategies that can help to reduce and dismiss DUI charges. 

Prison is rarely a solution for substance abuse issues

Your doctor prescribed pain pills for your chronic health issue, but the medication has a high risk of dependence. Once you have been taking the habit-forming pills for a while, your doctor decides you should take something else. At this point, you lose your source, but your dependence on the drug continues.

If you move on to a different drug in order to keep from going into withdrawal, you could put yourself at risk for arrest. Drug charges are serious, but there may be an alternative to prison that will help you to rebuild your life.

Consequences of another DUI in South Dakota

Do you already have a DUI conviction and now face another? You may wonder how it got to this point. You swore it would never happen again, that you learned your lesson the first time after all the consequences you received.

Regardless of how it happened, the fact is that another DUI conviction will bring harsher penalties than before. South Dakota law regarding multiple offenses of impaired driving are as follows.

  • Second offense: Your second time still counts as a misdemeanor. You will lose your license for a year and stay a brief time in jail.
  • Third offense: The fine goes from the hundreds to the thousands, and the crime becomes a felony if all occurrences have happened in the last 10 years.
  • Fourth offense: The classification of the felony continues to grow more severe. In addition to significantly higher fees and jail time, you also lose your license for two years.
  • Fifth offense or more: License revocation lasts for three years.

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