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An overview of DUI laws in South Dakota

On Behalf of | Jan 19, 2024 | DUI |

Driving under the influence is a serious offense, with strict laws in place to ensure road safety. South Dakota has stringent regulations and penalties in place to deter people from driving when they have had too much to drink.

Knowing the law surrounding driving under the influence can help individuals to avoid legal consequences.

Blood alcohol content

The type of DUI offenses in South Dakota depends largely on blood alcohol content levels. The legal limit for BAC is 0.08%. If drivers have a BAC at or above this threshold, they can get a DUI. For those under the age of 21, the limit is much lower, and any BAC level can result in a charge.

Possible penalties

Penalties vary based on factors such as BAC levels and the number of prior offenses. Individuals may face fines, license suspension and mandatory participation in a chemical dependency program. The maximum possible fine is $2,000 and potential jail time could be up to one year.

License suspension for a first offense can range from 30 days to several months. Subsequent offenses may result in a permanent revocation of driving privileges.

Aggravating factors, such as having multiple DUIs charges or having a minor in the vehicle, could increase the charges. If individuals have additional charges for other related crimes, they could face even stiffer penalties, including prison sentences.

The best way to avoid a DUI charge is to understand the law. Knowing what constitutes driving under the influence and what the potential penalties could be can help deter someone from getting behind the wheel after consuming alcohol.