Thanks to the tenth amendment of the US Constitution, every state is
allowed to create any laws that are not specifically provided from the
federal government. Among the laws that are considered to be a state
matter are those which pertain to driving under the influence.
South Dakota DUI laws strive to make the highways, roads and off roads
safe for everyone. That is one of the reasons why they expanded their
definition of "vehicle." Technically, in South Dakota you can be
arrested for a "driving under the influence" if you are actually riding
a horse or a bicycle. The bottom line is if you have consumed enough
alcohol or ingested enough drugs to be considered impaired then it is
best for you to sleep it off somewhere.
South Dakota DUI Definitions
A test that measures your blood alcohol content (BAC) is what is used
to determine the amount of alcohol you have in your system at any given
time. Your BAC can be determined by either a blood, urine or
South Dakota is an implied consent state. This means that when you get
your driver's license you have agreed to submit to any one of those BAC
tests when asked by a law enforcement official. If you do not comply to
the tests, then you can be automatically arrested for a DUI and have
your license suspended.
In South Dakota, a BAC of .08 or higher is the threshold for a DUI. A
person under the legal drinking age of 21 only has to have a BAC of .02
to be considered driving under the influence. If you are operating any
type of commercial vehicle while under the influence, your BAC only
needs to be .04 to qualify for a DUI arrest.
SR22 Insurance is a special classification of insurance that people
convicted of a DUI must obtain in order to drive. With this special
insurance, you can be subjected to review at any time to make sure you
are complying with state mandated prohibition. Additionally your
premiums will increase.
South Dakota DUI Penalties
A first time DUI offense in South Dakota carries with it a possible
jail sentence of up to one year behind bars. You can also have your
license suspended from anywhere between thirty days to up to one year.
There is also a fine of $1,000.
A second DUI offense permits a judge to sentence you to up to one year
in jail along with 180 days of license suspension and a $1,000 fine.
In South Dakota, a third DUI offense is considered a Class 6 Felony.
This means up to two years in jail, a $2,000 fine and possible license
All of the DUI convictions in South Dakota require you to obtain the
SR22 Insurance certification.
South Dakota DUI Exceptions
A new bill was recently signed into law that permits persons convicted
of a DUI to drive if there is a financial hardship or school attendance
involved. In order to comply, the driver must submit to random sobriety
tests that are scheduled up to the discretion of the court.