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Fighting Your Second DUI Charge

You have been through this before, but you probably hoped you would never go through it again. While it is no small matter to face your second offense for driving under the influence (DUI), do not lose hope. With a seasoned criminal attorney at your side, you can fight your charges. Even if you cannot have the charges dismissed, you may be able to minimize the consequences.

At Kinney Law, pc we have over 32 years of combined experience helping people throughout the Black Hills area fight criminal charges. Whether you are a South Dakotan or visiting from out of state, we can help you navigate the criminal system and can defend you in court. Our founding attorney, Matt Kinney, has worked on over 6,000 DUI cases in South Dakota and practices in state and federal courts throughout the region.

What You Should Know About DUI Arrests In South Dakota

When an officer pulls you over, they must have probable cause to arrest you for DUI. That means they must have a good reason to suspect you have a blood alcohol content (BAC) of .08% or higher and/or that you are under the influence of drugs. They may have you conduct certain roadside tests in order to support their suspicions, such as a field sobriety test or use a roadside breath test. They will likely give you a full chemical test at the station.

If you are involved in an accident, an officer may give you a breath test at the accident scene. If you test above the BAC limit, they will likely arrest you and give you a chemical test at the station.

What Are The Penalties Of A Second DUI?

In South Dakota, a second DUI charge is still a misdemeanor but carries perhaps the harshest possible penalties for a misdemeanor, including:

  • License revocation for one year if convicted
  • Possible fine of up to $2,000
  • Possible jail time of up to one year, but typically about 10 days for standard 2nd offense violations
  • The requirement of an alcohol evaluation together with potential chemical dependency treatment and participation in 24/7 sobriety program for South Dakota residents

Fortunately, there are ways to alter and adjust many of these penalties.  Factors to consider lesser penalties involve your BAC level, cooperation at the scene of the arrest, criminal history including your last DUI case, and sometimes career ramifications. South Dakota allows courts to issue driving permits for work and/or school purposes upon the completion of an alcohol treatment program. As you cannot obtain this permit prior to completing an alcohol treatment program, often times it is important for your case to remain unresolved until such a program is completed.

If you have a prior DUI charge within the past 10 years from another state, if the prosecutor can prove you pled or were found guilty of the past DUI, the court will view your current DUI charge as a second offense. Having a skilled lawyer on your side can make all the difference when it comes to presenting a strong case to the court. The attorneys at Kinney Law, pc are ready to argue your case to help you reduce the penalties, and dismiss the charges when possible.

Find Out How We Can Help

Don’t face your DUI charge alone. We can help. Put our experience to work for you by calling us at 605-642-2147 or reaching out online. Our office locations include Spearfish, Rapid City and Sturgis.