South Dakota State Law

South Dakota DUI cases are unique, since there is no pre-trial administrative driver’s license suspension, as there is in many other states. The only driver’s license consequences are the ones imposed by the court.

DUI in South Dakota is a serious crime that can have a wide range of consequences. While the state’s legal blood alcohol concentration (BAC) limit for a DUI is set at the same .08% level as the rest of the country, a suspect can be arrested and convicted under South Dakota’s DUI laws if the BAC level is .05% or higher.

Individuals convicted of driving under the influence (DUI) in South Dakota may be required to participate in the state’s 24/7 Sobriety Program. This program requires that offenders submit to testing for the presence of alcohol, marijuana, and other controlled substances. As part of their participation in the program, offenders may be required to install ignition interlock devices (IIDs) in their vehicles. The IID must remain installed in the vehicle for the period of time specified by the court. To be eligible for the IID option, the offender must have a valid driver’s license or work permit and submit to the court proof of financial responsibility.

First Offense – Class 1 Misdemeanor: up to $2,000 fine, up to 1 year in jail, 30 days to 1-year license revocation, possible chemical dependency evaluation.
Second Offense – Class 1 Misdemeanor: up to $2,000 fine, up to 1 year in jail, not less than 1-year license revocation, possible chemical dependency evaluation.
Third Offense – Class 6 Felony: up to $4,000 fine, up to 2 years imprisonment, not less than 1-year license revocation, possible chemical dependency evaluation.
Fourth Offense – Class 5 Felony: up to $10,000 fine, up to 5 years imprisonment, not less than 2 years license revocation, possible chemical dependency evaluation.
Fifth Offense – Class 4 Felony: up to $20,000 fine, up to 10 years imprisonment, not less than 3 years license revocation, possible chemical dependency evaluation.