DUI Defense: I Am On Your Side
Driving under the influence (DUI) charges do not discriminate. People from all walks of life have faced drunk driving charges. While this is a stressful time, it is important to remember that there are defenses to criminal charges, and a skilled criminal defense lawyer can help minimize the potential consequences.
I am attorney Ryan Kolbeck. At Kolbeck Law Office in Sioux Falls, I help defend people throughout eastern South Dakota who have been accused of DUI.
Building The Strongest Possible Defense
Many people mistakenly assume that if they fail a roadside sobriety test or if their blood alcohol content (BAC) is measured as being over the legal limit, they will be automatically found guilty of DUI. The fact is, roadside sobriety tests are subjective and are weighted toward law enforcement. A breathalyzer machine may have not been calibrated properly, skewing the results. The police may not have even had sufficient probable cause to stop you in the first place, which means any evidence stemming from the stop is inadmissible.
I will take the time to thoroughly review the circumstances surrounding your criminal arrest, looking for holes to poke in the prosecution’s case. If getting your charges dismissed is not possible, we can discuss the potential for a less serious charge or suspended imposition. I prepare every case as if it is going to trial, and we can take your case to a jury if that is what is in your best interest. I will ensure that your rights remain protected every step of the way.
Frequently Asked Questions About DUI In South Dakota
As an experienced DUI defense attorney in Sioux Falls, I often receive questions about DUI laws and penalties in South Dakota. Here are some of the most common questions I encounter:
What is South Dakota’s legal BAC limit?
In South Dakota, the legal blood alcohol content (BAC) limit for most drivers is .08%. However, it’s important to note that this limit is different for certain groups:
- For commercial drivers, the limit is stricter at .04%, emphasizing the importance of safety in professional driving.
- For drivers under 21 years old, the legal limit is 0.02%, reflecting a zero tolerance policy for underage drinking and driving.
However, even if your BAC is below these limits, you can still be charged with DUI if your driving is impaired.
Can I refuse a breath test in South Dakota?
You have the right to refuse a breath test in South Dakota, but there are consequences for doing so. When you obtain a driver’s license in our state, you give “implied consent” to chemical testing if you’re suspected of DUI. Refusing a test can result in automatic license revocation for one year, even if you’re not convicted of DUI. Additionally, your refusal can be used as evidence against you in court.
What are the consequences of a DUI for commercial drivers?
For commercial drivers, a DUI conviction can be career-ending. In addition to the standard DUI penalties, commercial drivers face:
- Disqualification from operating a commercial vehicle for at least one year for a first offense
- Lifetime disqualification for a second offense
- Potential loss of commercial driving privileges even if the DUI occurred in a personal vehicle
Given these severe consequences, it’s crucial for commercial drivers to seek experienced legal representation if charged with DUI.
How do DUI penalties differ for drugged driving?
In South Dakota, the penalties for drugged driving are generally the same as those for alcohol-related DUIs. However, there are some key differences in how these cases are handled and prosecuted. Connect with me to learn more about this type of criminal offense.
Contact Me For A Free DUI Defense Consultation
If you have been charged with a DUI, it is important to seek legal help as soon as possible. To schedule a free initial consultation, call 605-937-8376. You may also contact me online.