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Protect yourself and your rights if this isn’t your first offense

Driving while impaired in South Dakota can quickly lead to you having problems with the law. If this is a recurrent issue, now may be a good time to consider alternative penalties and options such as substance use disorder treatment. Sometimes, opting into treatment is a good way to negotiate down penalties and help you avoid long-term damage to your reputation from multiple DUIs.

Like in most other states, the per se limit for driving under the influence is .08%. If you are caught with more than .08% blood alcohol concentration of alcohol in your system, then you can be arrested for driving while impaired. You can also face charges if you’re impaired by drugs or other substances at a lower level than this.

What you may not have known and that you should keep in mind is that you may be able to be charged with a DUI even if you were not actively driving at the time. For example, if you were sitting in the front seat with the keys in the ignition, you could get a DUI even if your car wasn’t on. Small catches in the law like this are how many people end up facing multiple DUIs.

How could seeking treatment help your case?

No one is perfect, and judges are going to appreciate seeing those who take responsibility for their actions and take steps toward preventing the same offenses in the future. For example, if you take a defensive driving course and then check in for substance abuse treatment, those facts may be used to help boost your case in a positive way in the future.

While you may still face penalties, a judge could be more likely to allow penalties to be reduced or eliminated if you’re receiving treatment and taking positive steps toward avoiding reoffending.

Every person’s DUI case is different, which is why you will want to learn more about your legal rights and the steps you can take to minimize the penalties you face. The penalties for driving under the influence get more serious with each offense, so it’s worth building a defense and taking action to protect your rights.