The police can ask drivers questions during traffic stops if they suspect that a driver is drunk. A driver may also be asked to do a field sobriety test, which can help the police identify signs of inebriation. However, these investigative tools do not always confirm...
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What happens during field sobriety testing?
Driving under the influence (DUI) traffic stops may start with a few questions about someone's recent activities. If police officers think someone may have had too much to drink, they can ask someone to perform field sobriety tests. Drivers often don't know what to...
You cannot take marijuana out of South Dakota
These days, recreational marijuana is not limited to places like Colorado in California. It may have started there, but many other states have jumped on the bandwagon and legalized either recreational or medical marijuana. South Dakota has followed suit, and it is...
What to expect with a first-time DUI
Facing criminal charges for the first time is nearly always a frightening experience. You may expect a first driving under the influence (DUI) charge to be different, but the process and possible outcome can put you at just as much risk as some other charges....
Study drugs are an illegal solution to a temporary issue
Study drugs are prescription medications used improperly by individuals seeking to enhance their cognitive abilities, such as concentration, memory and alertness. These substances, which include stimulants like Adderall and Ritalin, are legally prescribed for...
What should you know about orders of protection?
An order of protection, commonly referred to as a restraining order, is issued by a court to safeguard individuals from harm or harassment. In South Dakota, these orders are particularly relevant in cases involving domestic violence, stalking or harassment. The...
What’s considered reasonable suspicion in re: a drunk driving stop?
Reasonable suspicion is a legal standard that plays a crucial role in traffic stops for suspected drunk driving. This concept allows police officers to stop and briefly detain a driver if they have observed specific facts suggesting that a crime, such as drunk...
3 essential elements of a drunk driving stop
When a law enforcement officer conducts a drunk driving stop, several critical elements come into play. These concerns are designed to ensure that the stop is lawful and that any evidence of intoxication is accurately assessed. Understanding these elements is...
South Dakota HB 1025 would perpetuate a dangerous myth
There’s no question that fentanyl is a dangerous drug. Nor is there any doubt that fentanyl has made its way into nearly every community via the illegal drug trade. It’s often mixed with other drugs to provide an additional “punch.” However, HB 1025 would create a new...
Is there a duty to retreat before exercising self-defense in South Dakota?
In most scenarios, it is illegal to make physical contact with another person with the intent to cause them physical harm. Although the law in South Dakota does prohibit violence, there are some scenarios in which violent conduct may be legal. Individuals who have a...