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Build A Strong Defense To Protect Your Rights

Ryan Kolbeck

Sioux Falls DUI Defense Lawyer: 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 DUI 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.

How A Sioux Falls DUI Lawyer Can Assist

When facing DUI charges in South Dakota, quick legal action is critical. The moments following an arrest are crucial, and decisions made during this time can significantly impact the outcome of your case. I understand the anxiety and uncertainty you may be experiencing, which is why I encourage you to reach out for my legal guidance immediately.

After a DUI arrest, you will likely face both administrative proceedings with the Department of Public Safety and criminal charges. My approach involves strategically addressing both legal procedures. I will carefully review every detail of your traffic stop, from the initial reason for pulling you over to the administration of field sobriety tests and chemical testing procedures. Law enforcement does not always follow proper procedures and these errors can form the foundation of your defense.

I handle various DUI-related matters, including:

Strategic legal representation can guard against penalties like license suspension, substantial fines, mandatory education programs and potential incarceration.

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:

Will I have to go to court for DUI charges?

Yes, court appearances are typically required for DUI cases in Sioux Falls and throughout South Dakota. For first-time offenses, you will usually attend an arraignment (where charges are formally presented), pretrial hearings and possibly a trial if we do not reach an acceptable resolution out of court.

What should I do during a DUI traffic stop?

During a traffic stop where DUI is suspected, take the following steps:

  • Remain calm and polite while remembering your rights.
  • Provide your license, registration and insurance when requested.
  • While you should be respectful, you have the right to decline field sobriety tests (although this may trigger administrative penalties).
  • If arrested, clearly state that you wish to speak with an attorney before answering questions.

Avoid arguing with officers or making sudden movements. The best approach is to exercise your right to remain silent beyond providing basic identifying information and then contact a lawyer as soon as possible.

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 .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.

Are DUI checkpoints legal in South Dakota?

Law enforcement agencies may set up these checkpoints to briefly stop vehicles to check for signs of impaired driving. While these checkpoints are constitutional under federal law, they must follow specific guidelines:

  • The checkpoint must be publicized in advance.
  • There must be a systematic procedure for stopping vehicles (for example, every third vehicle).
  • The detention must be brief unless there is reasonable suspicion of impairment.
  • The checkpoint must be clearly marked with signs and police vehicles.

Even at a legal checkpoint, you still maintain your constitutional rights. If violated, this could be an important part of your defense strategy.

How do DUI penalties differ for underage drivers in South Dakota?

South Dakota drivers under 21 face stricter DUI laws due to the state’s zero tolerance policy. For underage drivers, a blood alcohol content (BAC) of just .02% can result in a DUI charge, compared to .08% for adults over the age of 21. Penalties often include license suspension, fines, community service and mandatory alcohol education programs. Additionally, an underage DUI can impact future opportunities such as college admissions, financial aid or employment.

Will my driver’s license be suspended?

A DUI arrest in South Dakota triggers two separate license suspension processes: an administrative suspension through the Department of Public Safety and a court-ordered suspension if you are convicted of the DUI charge.

If you refuse a breath or blood test, or if your test shows a BAC of .08% or higher, the officer will immediately confiscate your license and issue a temporary driving permit valid for only 30 days. You have seven days to request an administrative hearing to contest this suspension.

The length of suspension depends on prior offenses and whether you refused to test. First-time offenders typically face suspensions of 30 days to one year.

Why work with a Sioux Falls DUI/DWI attorney?

Facing DUI charges without experienced legal representation puts you at a significant disadvantage. A skilled Sioux Falls DUI attorney offers the following:

  • Deep understanding of South Dakota DUI laws and local court procedures
  • Ability to identify procedural errors, improper stops or testing inaccuracies
  • Experience negotiating with prosecutors for reduced charges or alternative sentencing
  • Protection of your rights throughout the legal process
  • Guidance through both the criminal case and administrative license proceedings

My goal is to minimize the impact of DUI charges on your life, protecting your driving privileges, professional reputation and personal freedom.

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.