Understanding Suspended Imposition In South Dakota DUI Cases
Suspended imposition of sentence, commonly referred to as “suspended imp” or SIS, is a plea bargaining tool that can be beneficial to people charged with a first-time DUI. Suspended means that the judge in your case has determined what the sentence for the crime should be but is not making you serve it right now. The judge has the option to make you serve later if you do not follow through on the agreed-upon alternative.
If you were charged with a DUI or another crime and sentenced to jail or prison time, it may be possible to avoid incarceration if you meet other negotiated conditions such as staying out of trouble, not associating with other convicted persons, and showing up for your therapy appointments or probation check-ins.
Three Types Of Suspended Sentencing
There are three types of suspended sentencing: unconditional, conditional and postponement.
- If you are unconditionally discharged, your case is over and you have no further obligations or penalties.
- You may be issued a conditionally suspended sentence. In this case, you must follow through on the terms of the negotiation or plea bargain. For most people who have been charged with a DUI in South Dakota, it means that if you get no more DUIs in 10 years you can avoid the penalty of one year of jail time. However, if your case involves violations that require a mandatory minimum jail or prison time, it is very unlikely that your sentence can or will be suspended.
- Judges can also postpone a criminal sentence as a show of faith and a way to give you another chance.
A suspended imposition can include the charge and conviction being removed from your criminal record. Your sealed record will then show that you served probation but were not convicted. If you violate the conditions of your release then you will have to serve the original sentence and it will go on your record. A person is only allowed one suspended imposition in their lifetime.
Contact Me To Discuss Your DUI Case
If you have been charged with DUI in South Dakota, get legal counsel right away. Call me, attorney Ryan Kolbeck, at 605-937-8376 or send me an email at the firm to schedule a free initial consultation. I offer consistent representation, from our first meeting to the end of your case. I will show up for you.