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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Fax 605-642-4079

Spearfish Criminal Defense Blog

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.

Can I get a DUI from using marijuana?

South Dakota is one of the strictest states on marijuana use. There is zero tolerance for THC impairment and motor vehicle use. It is also a partial home to one of the busiest highways in the country. Many people who use marijuana recreationally and medicinally pass through the area on Interstate 90, not realizing that possession of the substance is illegal. Many tourists and locals also do not realize that driving while under the influence of pot is not legal. 

However, if you smoked some pot or ate a few edibles while in Colorado and traveled into the area and the police detain you for impairment, it is possible for you to face charges of drugged driving. Here is a brief overview of how marijuana use can lead to a drugged driving charge in South Dakota. 

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.

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