South Dakota DUI Laws

DUI Charges? Get Help by Speaking with a South Dakota DUI Attorney.


South Dakota DUI laws are clear cut. DUIs are considered class one misdemeanors. Conviction on drunk driving charges could lead to jail time, fines and a suspended license.

However, being charged with a DUI in South Dakota doesn't guarantee a conviction. Many people choose to seek the help of a DUI lawyer to protect their rights. A South Dakota DUI attorney can answer questions you have about how the laws in South Dakota could affect your case.

A DUI conviction can leave a lasting mark. A DUI can make it difficult to find or keep a job and it may increase your insurance rates as well. The long-term costs of a DUI conviction could be quite steep. Get clear answers to your DUI questions by speaking with a DUI lawyer today.

To talk to a South Dakota DUI lawyer near you, simply fill out the FREE case evaluation form on this page or call, toll free, 877-349-1311.

DUI penalties for South Dakota are strict. Refusing a Breathalyzer test in South Dakota could result in a one year license suspension.

South Dakota DUI Penalties

South Dakota enforces some tough penalties for DUI that include:

First DUI conviction

  • Class 1 misdemeanor on record
  • Maximum one year in jail
  • Maximum $2,000 in fines
  • 30 days-1 year driver's license suspension

Second DUI conviction (within 10 years)

  • Class 1 misdemeanor on record
  • Maximum one year in jail
  • Maximum $1,000 in fines
  • 1 year driver's license suspension

Third DUI conviction

  • Class 6 felony on record
  • Minimum 1 year driver's license suspension
  • Maximum 2 years in jail
  • Court-ordered chemical dependency evaluation
  • Maximum $4,000 in fines

Fourth DUI conviction

  • Class 5 felony on record
  • Maximum 5 years in jail
  • Maximum 2 years driver's license suspension
  • Court-ordered chemical dependency evaluation

Aggravated DUI conviction (BAC of .17 or more)

  • Class 1 misdemeanor on record
  • Maximum one year in jail
  • Court-ordered chemical dependency evaluation
  • Maximum $2,000 in fines
  • 30 days- 1 year driver's license suspension

Breath Test Refusal Penalties

Ask a South Dakota DUI Attorney About Your Options

A South Dakota DUI attorney can answer any questions you might have about the laws in South Dakota or your specific DUI case. To speak with a DUI lawyer near you today, fill out the free case evaluation form on this page or call us, toll free, at 877-349-1311.

Note: Laws may have changed since our last update. For the latest information on these DUI laws, speak to a local DUI lawyer in the state.

The South Dakota DUI penalty list is by no means all-inclusive. DUI penalties can vary based on a variety of factors, including your prior driving record.

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