Individuals accused of driving under the influence (DUI) offenses may struggle to control their alcohol consumption. Many people regularly overindulge. They may be vulnerable to criminal prosecution should they choose to drive after drinking. Those facing DUI charges...
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Criminal Defense
Is it possible to plead a DUI down to a lesser charge?
Driving under the influence (DUI) charges are among the most serious traffic offenses prosecuted in South Dakota. Unlike conducting an inappropriate U-turn, which is a simple traffic infraction, a DUI is a crime. The state can prosecute DUI cases as felonies or...
Can pocket change help a driver pass a breath test?
People share all kinds of tips to help others avoid traffic tickets and criminal charges. Many of these tips have little basis in reality. Drivers who regularly enjoy alcohol may worry that they could fail a breath test despite driving safely. They may share tips and...
A DUI conviction can dramatically impact insurance costs
There are many potential financial consequences of driving under the influence (DUI) convictions. The penalties that the courts can impose include fines. If people sustained injuries or property damage losses, the driver accused of intoxication could face lawsuits...
Is drug court an option when facing criminal charges?
Drug charges have a way of derailing a defendant's plans for the future. People often plead guilty in the hopes of securing lenient sentencing, only to face lifelong challenges because they now have a criminal record. They may also be at risk of recidivism or repeat...
Is a claim of mutual combat a defense against assault charges?
Physical violence is typically against the law, especially if people sustain noteworthy injuries as a result of violent acts. Assault charges can follow one party accusing another of an unwarranted attack. They can also arise because other people reach out to law...
When can a DUI offense be classified as a felony?
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...
How to move forward after a first-time DUI arrest
For most people, a first-time DUI arrest can be an overwhelming experience that inspires feelings of shock, guilt and fear. In South Dakota, DUI laws are strict, and while a conviction for a first offense is a Class 1 misdemeanor, it can still significantly affect an...
How South Dakota drunk driving laws apply to juveniles
College parties, football games and annual homecoming festivities have one thing in common: plenty of alcohol to go around. Since most students enter college at 18 or 19, driving back to the dorm from these fun college events can end on a sour note if you get pulled...
Why the Fifth Amendment is so important
The majority of people have heard the term “I’ll plead the Fifth”, or something similar. Often, this is used in a light-hearted context, but the origin of the statement is actually quite serious. The Fifth Amendment of the U.S. Constitution protects all citizens from...