Helping people move on with their lives with straight forward and sincere advice.

More than 40 combined years of experience in tenaciously defending Black Hills clients against criminal charges of DUI, drug crimes, assault and more.

Nobody knows the courthouses and legal environments better than us.

Experienced Rapid City & Spearfish DUI Defense

Driving under the influence, or DUI, is perhaps the most common serious crime committed by ordinary people. By the time you are weighing your options following an arrest for DUI, you are wondering whether you will lose your driver’s license, face jail time or be forced to pay increased insurance premiums. If you were arrested in or near Sturgis, Deadwood, Spearfish or Belle Fourche, you likely already had to spend the night in jail before bond was set. Those arrested for misdemeanor DUIs in Rapid City are typically released that evening.

Although we all know the dangers and illegality of drunk driving and drugged driving, DUI is a frequent mistake that ordinary, hard-working citizens commit. Good people can find themselves in trouble. Some cases are beatable if your blood alcohol content was lower than anticipated by the officer, if constitutional violations occurred, or if physical control issues exist for those found napping in their cars. With mandatory blood draws, chemical analysis and a seemingly endless list of legal reasons for officers to pull over motorists, many cases are not too hard for the prosecution to obtain your guilt. You need to know if you need a lawyer and what he or she can do for you.

Protecting Your License

For most Americans, driving is a way of life. Whether you are running errands, going to work, going to school or dropping the kids off at day care, you rely on your car to get you from place to place. When your driving privileges are threatened, it is time to work with a skilled criminal defense lawyer to protect your rights and shield you from license revocation.

Too many attorney advertisements focus on the images you would like to forget after an arrest — handcuffs, flashing lights or jail bars. You do not want to be reminded of this humiliating experience when you discuss your options with an attorney. A DUI conviction will affect your driver’s license, job and auto insurance at a very high cost. Even if you are from another state, a South Dakota conviction will be reported to your home state for license revocation or suspension. The attorneys and staff at Kinney Law are known for getting their clients to present their case’s best qualities to the judge, jury and prosecutor. Matt, Kim and their staff will listen to your concerns and provide you with options and choices to come out of your case with minimal damage.

Extensive Experience Fighting DUI Charges

Matt has handled over 3,000 DUI cases in South Dakota. If you need a Black Hills-area DUI defense attorney, do not hesitate to call to discuss your options. Even though a second-offense DUI is still considered a misdemeanor, it carries perhaps the harshest penalties possible for a misdemeanor crime. Individuals face a one-year loss of driver’s license, typically a minimum 10-day jail sentence, fines and a 24/7 sobriety program that requires testing twice daily to verify sobriety. We will thoroughly research your charge and your driving history in order to develop an effective strategy for defense.

A third DUI within 10 years is charged as a felony. It is crucial that you avoid a felony conviction at all costs. The consequences of a felony conviction are long lasting and will likely impact all facets of your life. Matt was one of the first attorneys to represent clients who were successfully admitted and completed the local DUI Court program. Working with the right attorney is imperative.

The third offense will likely involve much more stringent penalties than a second offense, including prison or jail and multiple years of probation. Count on our firm to diligently work to find defenses such as borderline blood alcohol content or illegal search and seizure. We will work with the prosecutor’s office to negotiate a beneficial settlement. If a settlement cannot be reached, we are fully confident in our ability to defend you in court.

DUI Defense FAQs

A DUI charge can be scary and confusing. Ignoring a DUI charge can have serious consequences for you and your family. Our attorneys can help educate you on DUI laws and potential defenses. Here is some important information:

How is a DUI defined in South Dakota?

A DUI is defined as driving or having actual physical control of a motor vehicle while under the influence of any substance to a degree that makes operating that vehicle unsafe. A driver may face a DUI charge if the use of alcohol or drugs leads to negligence, recklessness, traffic violations or collisions. A driver may also face DUI charges if their blood alcohol content (BAC) is .08% or above, regardless of whether it seems to impair their ability to drive.

How do the police prove that a driver was under the influence of alcohol or drugs?

There are several methods the police use to collect evidence against a driver during a traffic stop. The police may ask the driver questions in hopes that the driver admits to using alcohol or drugs. The police may also find open bottles of alcohol or substances in a vehicle. Alternatively, the police may ask the driver to take a field sobriety test or use chemical testing to determine their blood alcohol content (BAC) level.

What are the consequences of a DUI charge in South Dakota?

A DUI charge in South Dakota is a Class 1 misdemeanor, which can lead to one year in jail and $2,000 in fines. Subsequent charges can lead to harsher punishments. Furthermore, a DUI conviction can be seen on a record in South Dakota for 10 years. As a result, a defendant may lose education, housing and employment opportunities.

Can I remove a DUI charge from my record?

Expungement for a DUI is possible in South Dakota so long as a minimum of 10 years have passed since the offense and all sentence requirements, including restitution, have been completed. DUIs that are Class 1 or Class 2 felonies, however, are typically ineligible for expungement.

What can a DUI defense attorney do for you?

A DUI defense attorney can help protect your rights. At Kinney Law, pc, our attorneys have extensive knowledge and experience with South Dakota DUI laws and can mount an aggressive defense to protect your future. With a DUI defense attorney by your side, your charges may be reduced or dismissed.

Contact The Firm To Talk To A Lawyer During A Consultation

If you have questions regarding DUI, contact Kinney Law, pc, for a consultation at either our Spearfish or Rapid City, South Dakota, office. We can be reached by phone at 605-961-2945 or by completing the online contact form on this site.