Facing DUI Penalties In Sioux Falls? I’m Here To Help.
No one wants to wind up in a situation where they need to defend against a drunk driving charge. However, it can happen to anyone. When it does, you can call me, Ryan Kolbeck. I founded my law firm, Kolbeck Law Office, because I understand the devastating consequences of a serious charge. A single mistake can lead to a tangled web of legal, financial and personal problems. That’s why I fight so hard for every client – to mitigate the impact of this mistake and help them steer clear of serious driving under the influence (DUI) penalties.
What Are The Penalties For DUI Offenses?
If you’re facing a DUI charge, it’s essential to understand the potential penalties. In South Dakota, the consequences vary depending on the severity of the offense and the number of prior convictions.
For first-time offenders and zero tolerance DUI convictions, penalties may include:
- Up to one year in jail
- Fines of up to $2,000
- Driver’s license suspension for 30 days to one year
- Participation in a DUI prevention program
For repeat offenders, DUI penalties may include:
- Up to five years in prison
- Fines of up to $20,000
- Driver’s license suspension for one to two years
- Mandatory participation in a DUI prevention program
- Installation of an ignition interlock device
- The requirement to file an SR-22
For offenders with aggravating factors, such as a blood alcohol content (BAC) above .17% or a child passenger, DUI penalties may include:
- Up to 10 years in prison
- Fines of up to $20,000
- A 24/7 continuous sobriety monitoring program
- Driver’s license suspension for three to five years
- Mandatory participation in a DUI prevention program
These penalties can have a lasting impact on your life, and it’s crucial to have a strategic defense to minimize the consequences.
Beyond Criminal Penalties: Other DUI Consequences
A DUI conviction can affect almost every aspect of your life, from your career to your personal relationships. Some of the consequences include:
- Difficulty commuting to work due to license suspension
- Career setbacks, including job loss or trouble finding new employment
- Skyrocketing car insurance costs
- Damage to your personal and professional reputation
- Strained personal relationships
- Loss of academic or professional support, including sponsorships or licensing
The toll that these penalties can take is tremendous, highlighting the importance of a strong defense to minimize the impact on your life.
Will You Go To Jail After A First-Time DUI Conviction In South Dakota?
A first-time DUI conviction can carry up to one year in jail, but a maximum sentence is unlikely for many first offenders. Your specific circumstances will heavily influence the outcome. For example, if your blood alcohol content was just slightly over the legal limit and you cooperated during your arrest, you might face minimal or no jail time.
However, if your DUI involved an accident, injury to others or an extremely high BAC level, jail time will be more likely. I will work diligently to present mitigating factors that could help you avoid incarceration. Many first-time offenders receive probation, community service or a suspended driver’s license instead of jail time.
What Factors Could Lead To Steeper DUI Penalties In South Dakota?
Several factors can significantly increase penalties. Prior convictions automatically enhance the punishment, with mandatory jail time for repeat offenders. Having a minor in the vehicle during a DUI arrest adds serious consequences. A high BAC (.17% or higher) also triggers enhanced penalties.
Causing property damage, injuries or fatalities dramatically escalates charges and potential prison time. Refusing a breath test results in automatic license suspension and can hurt your case. I carefully examine these aggravating factors and develop a comprehensive defense strategy. Each circumstance requires a different approach to minimize the potential impact.
What Penalties Could South Dakota Commercial Drivers Face?
Commercial drivers face particularly severe consequences for DUI offenses. You’ll lose your commercial driving privileges for at least one year after a first offense, even if you were driving your own vehicle. A second offense results in lifetime commercial driver’s license (CDL) disqualification. The legal BAC limit for commercial drivers is just .04%, half the standard limit.
These penalties apply regardless of whether you receive a reduced charge in court. Your livelihood is at stake, and I understand how devastating these consequences can be for your career and family. That’s why I fight aggressively to defend commercial drivers facing DUI charges.
What Options Do You Have To Protect Your Driving Privileges?
There are ways to fight for your driving privileges and minimize the impact of a DUI license suspension. I work closely with my clients to explore all license defense and reinstatement options. Here are potential strategies:
- Seeking a restricted driver’s license that allows limited driving for work, school or other essential purposes
- Requesting an ignition interlock device installation, enabling you to drive with a breath test installed in your car
- Negotiating with the prosecution for reduced charges or alternative sentencing options
It’s also essential to address any underlying issues contributing to the DUI arrest, such as alcohol misuse. Completing alcohol education courses and demonstrating compliance with court orders can be vital in regaining your driving privileges.
Let’s Fight Your DUI Charges Together
My goal is helping you steer clear of the harsh consequences of a DUI conviction and focus on moving forward. Call me at 605-937-8376 or fill out the online contact form to discuss your case and legal options.