Driving under the influence (DUI) in South Dakota is a serious offense. The state rarely makes exceptions concerning DUI laws because of how dangerous it is to drive a vehicle while drunk. The court can revoke your license as early as the first offense. Ultimately, the best way to avoid a DUI charge is to avoid drinking before driving altogether, but it is also worth learning about the different penalties you might face.
Penalties of a DUI
Section 32-23 of South Dakota’s codified laws classify a DUI as driving a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, as well as driving a vehicle under the influence of alcohol, marijuana and other intoxicants. To keep intoxicated drivers off the road, the state punishes those caught driving under the influence. The more repeat offenses you commit, the harsher the punishments you face. Each offense and its respective penalties are as follows:
- First offense: Class 1 misdemeanor and license revocation for at least 30 days
- Second offense: Class 1 misdemeanor and license revocation for at least one year
- Third offense: Class 6 felony and license revocation for at least one year
- Fourth offense: Class 5 felony, two years in a state correctional facility and license revocation for two years
- Fifth and subsequent offenses: Class 4 felony, four years in a state correctional facility and license revocation for at least three years
On fourth and subsequent offenses, the court may require you to serve parole. Any term of parole requires you to enroll in an alcohol or drug accountability program, an Ignition Interlock Device (IID) program or an alcohol monitoring bracelet.
Can you get your license back early after a DUI?
In South Dakota, it is technically possible for the Department of Public Safety to return your driver’s license to you early. This will typically be available to you after you complete court-mandated requirements such as taking part in a 24/7 sobriety program and paying court fines and fees. You can apply for a work permit, allowing you to drive to work or school before your suspension ends.
The IID program, which the court often requires from repeat offenders, may also allow you to retrieve your license early after a DUI. The program requires you to schedule installation with a state-approved provider who will install a device on your vehicle that records breath alcohol levels. The device will also lock the vehicle and prevent it from starting if it detects BAC above a certain threshold, stopping drivers from taking the wheel if they are under the influence.
Moving forward after a DUI
Navigating DUI laws can be difficult because cases tend to vary, and the penalties you may face might not always be the same as what other offenders are required to do. There may even be instances where you could get charged with a DUI without driving your vehicle, such as attempting to sleep off the effects of alcohol in the front seat. To avoid being charged, stay vigilant and avoid drinking alcohol on days you need to drive.