For many South Dakota riders, a motorcycle is more than a way to get around. It offers a different experience on the road. However, riding a motorcycle can also raise legal questions that do not come up in quite the same way with a car. One point may surprise you: South Dakota does not have a separate driving under the influence (DUI) offense just for motorcycles. The state’s DUI law applies to anyone who drives or has actual physical control of a vehicle.
How does South Dakota’s DUI law apply to motorcycles?
Under South Dakota Codified Law, you could face a DUI charge if you drive with a blood alcohol concentration of 0.08% or more. The law also includes impaired driving because of narcotics, medications or chemicals that diminish safe vehicle operation.
Your choice of vehicle does not create a different alcohol limit. A motorcycle ride can still lead to a DUI charge under the state’s general DUI rules.
Can a motorcycle-specific law add another issue?
South Dakota law also sets rules for how you operate a motorcycle. You generally must sit astride the seat, face forward and keep at least one hand on the handlebars while the motorcycle moves. A violation may qualify as a Class 2 misdemeanor.
These rules do not create a separate motorcycle DUI standard. Still, they can add another issue if an officer sees unsafe or unusual riding during a traffic stop.
What penalties can apply to a DUI case?
South Dakota DUI consequences may increase with each prior conviction. The charge level, possible jail or prison term, fine and license revocation period can depend on your prior record and the facts of your case:
- First offense: Charged as a Class 1 misdemeanor, carrying a maximum one-year jail term, $2,000 maximum fine and a driver’s license suspension spanning 30 to 365 days.
- Second offense: Classified as a Class 1 misdemeanor, punishable by up to 12 months in custody, capped at $2,000 in penalties and a minimum one-year driving prohibition.
- Third offense: Elevated to a Class 6 felony, subject to two years maximum incarceration, penalties reaching $4,000 and mandatory loss of driving privileges for no less than 12 months.
- Fourth and subsequent offenses: Escalates to severe felony charges, involving extended prison terms, steeper financial penalties and driving restrictions lasting at least two years.
Other requirements may also apply. A court could require alcohol treatment, 24/7 sobriety testing or proof of insurance. Refusing a requested chemical test may also create a separate license revocation issue.
Know how the rules fit together
South Dakota applies its DUI law to motorcycles while also imposing rules for motorcycle operation. That combination can make the circumstances of a traffic stop important. Knowing how these laws work together and getting legal advice from a DUI defense lawyer may give you a clearer picture of the issues that can arise after a motorcycle DUI arrest.