South Dakota Driving Under the Influence Law
Unlike many other States, a DUI arrest in South Dakota will lead to only one case being brought against the defendant, a criminal case. It is thus essential that you contact a South Dakota DUI lawyer as soon as possible.
Charges for DUI in South Dakota can be prosecuted either on the basis of Blood Alcohol Concentration, which is currently set at a maximum of 0.08%, with enhancements for those registering a BAC of 0.17% or higher, or through proving impairment through “field sobriety tests”, driving patterns or through the testing of breath, blood or urine. A skilled DUI lawyer will be able to handle each of these situations.
Refusal to submit a blood or breath test will lead to mandatory 6 month suspension of your license, and the refusal is admissible into evidence in the court trial.
Enhancements for a BAC in excess of 0.17% will naturally lead to more stringent punishments than described below.
| Conviction | Punishment |
| First | License suspension between 30 days and 1 year, maximum fine of $1000, maximum jail sentence of 1 year. |
| Second | License suspension of 1 year, $1000 maximum fine, maximum jail term of 1 year. |
| Third | License suspension of 1 year, no more than $2000 fine, not more than 2 years incarceration |
| Fourth - felony | License suspension of 1 year, maximum of 5 years in jail |
Contact your Columbia DUI lawyer