Kinney Law, pc - criminal defense

Spearfish Office

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

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Rapid City Office

909 St. Joseph Street
10th floor Suite 3
Rapid City, SD 57701

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Sturgis Office

2275 Lazelle Street
Sturgis, SD 57785


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Contact The Firm
605-642-2147

FAX 605-642-4079

Comma Top When you need an attorney, ours will provide straight talk and sincere service. Comma Bottom

Comma Top More than 20 years of experience in tenaciously defending Black Hills clients against criminal charges of DUI, drug crimes, assault and more. Comma Bottom

Comma Top Litigation and productive negotiation of issues involving injury, property, contracts, businesses and estates. Comma Bottom

How to fight a DUI in South Dakota

| Mar 9, 2020 | Criminal Defense |

A couple of drinks can get you into trouble if you get behind the wheel. Even if your blood alcohol was below the legal limit of 0.08%, a court can convict you if it finds you were driving under the influence.

A DUI conviction comes with severe penalties that have a major impact on your life. You also have to deal with the personal consequences of a criminal charge.

Your case is not open-and-shut

The state does not fool around when it comes to DUI. However, even if the evidence against you may seem overwhelming, there are strategies for defending yourself.

Question the circumstances of your arrest. Police need a reason to stop you, such as speeding or erratic driving. If they lack a reason, the court cannot consider the evidence they collect.

Raise doubts about the field sobriety tests. They may have tested you under poor lighting conditions. Uneven pavement makes passing a walk-and-turn test difficult. Medication can affect your ability to pass a horizontal gaze test.

Challenge the results of the breath analyzer test. The person who gave you the test may have lacked proper training. Police also often fail to maintain or calibrate the machines, resulting in inaccurate results.

A little knowledge can save you a lot of trouble

Your goal is raising doubts that undermine the DUI charges against you. Police and prosecutors make mistakes. A court will listen if you can prove it.

The key is asking the right questions. Use all resources that are available to keep your driving record clean.