In South Dakota, there is a principle called Suspended Imposition. It is intended to be used in situations where a first-time offender pleads guilty to an offense. An example of the kind of offense where it may be available is a first-time DUI without any additional aggravating features.
To be eligible, the judge has to decide that it’s appropriate and reasonable in your case.
What is a suspended imposition of a sentence?
A suspended imposition of sentence, also known as an SIS, means that your criminal record is sealed. Instead, you serve a period of probation and/or are required to abide by a certain set of conditions.
Once you’ve successfully completed your probation, including any conditions required, there’ll be no further action for you to take and no conviction will show up on your record. A failure to comply can result in the judge revoking the SIS and sentencing for the original offense as if the SIS never existed.
Why is SIS a good option for first-time DUI offenses?
If this is your first time ever being in trouble, and you’ve never had a DUI before, asking the judge to suspend your sentence is a really beneficial tool to have available.
It’s an opportunity for you to avoid having the stigma of a criminal record and also means you may get to keep your driver’s license. To be eligible for an SIS, you may be required by the court to stay out of trouble or away from other persons who may be a poor influence. The judge may also require you to attend therapy and other rehabilitation sessions.
If you’ve never had any previous felony convictions and are facing your first DUI conviction, it’s normal to be concerned about what’s coming next. Having someone on your side to fight your case for a suspended imposition of sentence can help you to move forward with your life.