Driving under the influence (DUI) charges often occur in the wake of technical violations of the law. A driver thinks that they are sober enough to drive, only to realize after a traffic stop that they are not. The vast majority of DUI charges prosecuted in South Dakota involve technical violations.
People fail chemical tests but don’t cause crashes, which leads to defendants expecting lenient treatment. Particularly when motorists do not have prior criminal records, they may hope to avoid incarceration and other significant penalties for a single DUI infraction. Many of those defendants are in for a rude awakening as they make their way through the criminal justice system. In some cases, they may even find themselves facing felony charges.
When do South Dakota prosecutors have grounds to bring felony allegations against people accused of drunk driving?
When they injure other people
The reason police officers and prosecutors are so aggressive about DUI enforcement is the association between impairment and tragic collisions. Thousands of people in the United States every year lose their lives in drunk driving crashes.
Therefore, the law in South Dakota authorizes prosecutors to bring particularly harsh charges against those who caused injury to others because of impaired driving. The state can charge a driver with vehicular homicide if they cause a crash where someone dies or vehicular battery if they injure someone.
When they have multiple prior convictions
In cases where drivers stand accused of a basic DUI offense because they drove poorly or failed testing, they may often face misdemeanor charges. However, those with multiple prior offenses could be at risk of felony charges instead.
South Dakota state law allows prosecutors to bring Class 6 felony charges against motorists with two prior DUI convictions from within the last 10 years. Not only do drivers have to worry about significantly higher penalties, but they may also find that the record of their offense affects their lives indefinitely after a conviction or guilty plea.
Even a first-time DUI charge can sometimes leave a defendant saddled with a felony criminal record and facing serious penalties. Exploring the circumstances leading to an arrest – with the assistance of a skilled legal team – can help those accused of drunk driving develop a defense strategy that can help them avoid the worst-case scenario.