South Dakota DUI Laws

In the state of South Dakota you will be charged with Driving Under the Influence (DUI) if your Blood Alcohol Content (BAC) is 0.08%, the minimum BAC known to impair everyone.

First South Dakota DUI Offense

• Up to 1 year imprisonment
• $1000 fine
• 30 days to 1 year license suspension
• Possible restricted license
• SR-22 insurance required

Second South Dakota DUI Offense

• Up to 1 year imprisonment
• $1000 fine
• 180 days to 1 year license suspension
• Possible restricted license
• Chemical dependency program required
• SR-22 insurance required

Third South Dakota DUI Offense

• Class 6 felony
• Up to 2 years imprisonment
• $2000 fine
• 1 year license suspension
• Possible restricted license
• Chemical dependency program required
• SR-22 insurance required

South Dakota’s implied consent law means that if you are pulled over for suspected DUI and you refuse to submit to a test, your license will be suspended for one year. Moreover, your refusal will be used against you at your DUI trial.