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

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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

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South Dakota DUI penalties

| Mar 9, 2020 | DUI |

South Dakota considers driving under the influence of drugs or alcohol a Class 1 misdemeanor. Offenders can receive fines, license revocation and even jail time. South Dakota is an implied consent state, which means that drivers must submit to blood alcohol testing in the case of a DUI arrest.

The legal blood alcohol content threshold for a DUI is 0.08% for most drivers. However, commercial drivers, when operating a commercial vehicle, can receive a DUI for BAC higher than 0.04%. Drivers younger than 21 can receive a “Zero Tolerance” DUI with BAC over 0.02%.

Before facing a court date for DUI in South Dakota, make sure that you understand the potential legal penalties for a conviction.

First-time offense

If you have no previous DUI charges, a first conviction will result in:

  • License revocation for at least 30 days and up to one year
  • Fines of up to $2,000
  • Up to one year in jail

Some offenders will qualify for a restricted driving permit. This allows the person to drive only for certain purposes, including work, school and medical treatment.

Second DUI offense

A subsequent DUI conviction within 10 years of the first is also a misdemeanor in South Dakota. You could receive:

  • License revocation for a minimum of one year
  • Fines of up to $2,000
  • Up to one year in jail

Drivers who have a previous DUI conviction must also undergo substance abuse evaluation and enroll in a treatment program if indicated. This is also a requirement for first-time DUI offenders who had measured blood alcohol content of at least 0.17% at the time of arrest.

Subsequent DUI offenses

A third or further DUI offense within the same 10-year period constitutes a felony in South Dakota. A conviction can result in:

  • License revocation for a minimum of one year
  • Fines of up to $4,000
  • Up to two years in prison

For a fourth offense, fines can reach $10,000, and the offender can receive up to five years in prison. This conviction also carries a minimum license revocation of two years.