The Sturgis Motorcycle Rally draws hundreds of thousands of people to western South Dakota each August. If you are planning to attend this event, it may be prudent to know what actions might lead to unexpected encounters with law enforcement and your defense options available.
Charges that surface most during the rally
City, county and state law enforcement agencies heavily coordinate their coverage during the rally. This combined presence typically results in citations or arrests for the following:
- Driving Under the Influence (DUI) of alcohol or drugs
- Unauthorized possession of marijuana (excluding valid medical cannabis patients) or another controlled substance
- Unlawful possession of drug paraphernalia such as pipes or grinders
- Ingestion of a controlled substance, often from a failed test
- Disorderly conduct after an argument or altercation
- Open container and public consumption violations
- Outstanding warrants discovered during a routine stop
These charges often grow out of situations that feel minor in the moment but carry distinct consequences under South Dakota law. A single traffic stop can also produce more than one charge if officers discover additional issues during the encounter.
Penalties for these offenses
The various criminal charges can result in consequences such as:
- DUI: A first offense is a Class 1 misdemeanor that may lead to up to one year in jail, a fine of up to $2,000 and a mandatory revocation of your license of at least 30 days.
- Drug possession: Possession of a Schedule I or II substance is a felony that might result in up to five years in prison and a fine of up to $10,000.
- Drug paraphernalia: This is a Class 2 misdemeanor with up to 30 days in jail and a $500 fine.
- Open container: Also a Class 2 misdemeanor, this violation carries up to 30 days in jail and a $500 fine.
- Disorderly conduct: Penalties range from municipal fines to Class 2 misdemeanor consequences at the state level.
Even a single conviction can affect your record well beyond the courtroom, especially for non-residents who may need to return to South Dakota for court dates.
Options after an arrest
An arrest during the rally does not end once you leave the state. Failing to show up for court can result in a bench warrant that follows you across state lines.
Out-of-state visitors facing a misdemeanor, however, often do not need to return to South Dakota. State law permits an attorney to appear on your behalf for all required hearings, from arraignment to sentencing, with the court’s permission. This may eliminate the burden of repeated travel for non-resident defendants.
Deadlines for filing motions or responding to charges vary by court and offense type. Defense counsel can help you understand both the process for whatever case you are fighting and provides you the assistance you need to protect yourself.