DUI Law in South Dakota

What is ‘legally drunk’ in South Dakota

In South Dakota, drivers less than 21 years are considered to be legally drunk if their blood alcohol level is more than .02, for non-commercial drivers above 21 years, they are legally drunk when their blood alcohol level is more than .08. On the other hand, commercial vehicle drivers are considering being legally drunk when their blood alcohol level is more than .04.

South Dakota Drunk Driving Penalties

First time DUI offender in South Dakota face the following penalties:

• A prison sentence of up to one year
• The offender will be subjected to pay a fine not exceeding $2,000
• The offender’s driver’s license revocation period is 1 months to 1 year
• If the offender’s BAC level was more than .17, he/she must undergo a court-ordered consultation to determine his/her dependency on alcohol
• The offender will be required to pay the cost of the consultation

For second time offenders within 10 years of the previous conviction, they face:

• A prison sentence of up to one year
• A fine not exceeding $2,000
• The offender’s driver’s license revocation period is 1 year

For drivers who commit a third DUI offense, they face:

• A prison sentence not exceeding 2 years
• A fine of up to $4,000
• The offender’s driver’s license revocation period is at least 1 year

For drivers committing a fourth offence within 10 years of their first conviction, they face:

• A jail term not exceeding 5 years
• A fine of up to $10,000
• The offender’s driver’s license revocation period is at least two year

For drivers committing their fifth or subsequent offense, they face;

• A prisons sentence of up to 10 years
• A fine not exceeding $20,000
• The offender’s driver’s license revocation period is at least three years

The Point System in South Dakota

The South Dakota Department of Public Safety (DPS) is responsible for awarding points to your driving record when you commit traffic offenses and receive tickets. Accumulation of driving records will lead to the revocation and suspension of your driver’s license. State Law requires revocation of license for Driving While Intoxicated. Any operator who accumulates 15 points in any 12 consecutive months, or 22 points in any 24 consecutive months is subject to driver license suspension.