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South Dakota DUI Laws

In the state of South Dakota you will be charged with Driving Under the Influence (DUI) if your Blood Alcohol Content (BAC) is 0.08%, the minimum BAC known to impair everyone.

First South Dakota DUI Offense

  • Up to 1 year imprisonment
  • $1000 fine
  • 30 days to 1 year license suspension
  • Possible restricted license
  • SR-22 insurance required

Second South Dakota DUI Offense
  • Up to 1 year imprisonment
  • $1000 fine
  • 180 days to 1 year license suspension
  • Possible restricted license
  • Chemical dependency program required
  • SR-22 insurance required

Third South Dakota DUI Offense
  • Class 6 felony
  • Up to 2 years imprisonment
  • $2000 fine
  • 1 year license suspension
  • Possible restricted license
  • Chemical dependency program required
  • SR-22 insurance required

South Dakota’s implied consent law means that if you are pulled over for suspected DUI and you refuse to submit to a test, your license will be suspended for one year. Moreover, your refusal will be used against you at your DUI trial.