Upfront Legal Defense For Drugged Driving
While regulations related to the use of substances like marijuana for recreational purposes in South Dakota are still in debate, it remains illegal to drive a motor vehicle under the influence of street drugs and other controlled substances. This action is known as drugged driving and could lead to severe consequences. If you or someone you care about was charged with drugged driving, we are ready to help at Kinney Law, pc.
Attorney Matt J. Kinney has helped clients in Spearfish since 1996. He and the rest of our team are dedicated to providing legal advice based on the most current changes to the law. Our team is also committed to giving clients and their families the follow-up they need to gain clarity in a stressful situation.
Protecting Your Driving Rights
We are a law firm focused on developing legal solutions and on providing our clients with sound, straightforward answers. Attorney Kinney provides dedicated representation for drugged driving cases involving the use of a range of controlled substances, including, but not limited to:
At Kinney Law, pc, we are knowledgeable of all changes to the law and will try to find facts in your favor to protect your rights. Following are some things to keep in mind when you are facing drugged driving charges:
- There are five types of felonies, ranging from one year of imprisonment to 10 years after five or more subsequent felonies.
- Although regulations around the recreational use of marijuana are still in the works, there is a per se drugged driving law involving minors and drugged driving under the influence of cannabis or any other illicit substance.
- Motorists implicitly give their consent to undergo chemical testing if required by relevant authorities to verify whether a driver consumed any illegal substance.
South Dakota laws related to drugged driving are strict. Depending on the facts and circumstances around your case, the sooner you get a lawyer to help you with your charges, the more opportunities you have to avoid trial. Discover what we can do for you.
South Dakota Drugged Driving FAQs
Drugged driving is a serious offense in South Dakota. Below are the answers to common questions clients have:
What is drugged driving in South Dakota?
In South Dakota, drugged driving is operating a motor vehicle while under the influence of any substance that impairs your ability to drive safely. It includes illegal drugs, such as marijuana, methamphetamine, cocaine, prescription medications and over-the-counter drugs that can impair mental clarity or motor skills.
Law enforcement officers are trained to recognize signs of drugged driving, including erratic driving behavior, physical symptoms of impairment like bloodshot eyes or slow reactions and the presence of drug paraphernalia in the vehicle. Drivers may be subjected to field sobriety tests and chemical testing such as blood, urine or saliva.
What are the penalties for drugged driving in South Dakota?
The consequences for drugged driving in South Dakota depend on the case’s specifics. For a first offense, penalties include fines of up to $1,000, a license suspension of up to one year and potential jail time of up to 30 days.
For repeat offenses or cases involving aggravating factors, such as causing an accident or driving with a minor in the vehicle, penalties can include longer license suspensions, higher fines, mandatory drug treatment programs and extended jail sentences.
How can a criminal defense attorney help if charged with drugged driving?
A criminal defense attorney can provide critical guidance and representation. They thoroughly review your case to identify potential flaws in the evidence, such as improperly conducted chemical tests or violations of your rights during the traffic stop.
If the case goes to court, a lawyer can build a strong defense strategy by challenging the reliability of tests or questioning the observations of law enforcement. Additionally, attorneys can help clients with administrative proceedings related to license suspensions and represent them in hearings.
Can prescription medications lead to a drugged driving charge?
Yes, prescription medications can lead to a drugged driving charge if they impair your ability to operate a vehicle safely. South Dakota law does not differentiate between impairment caused by illegal substances and that caused by legal medications.
Medicines prescribed by a doctor, such as opioids, sedatives, antianxiety drugs or muscle relaxants, can cause side effects like drowsiness, slowed reaction times or impaired coordination, all of which affect driving.
Time Is Running Out
There is more to lose than your driving privileges when facing drugged driving charges. Call us at 605-340-0533 or fill out our online form to meet for an initial free consultation and discuss how we can address your case.