South Dakota DUI
Like most states, South Dakota is an implied consent state. This means that any person operating a motor vehicle in South Dakota has given consent to submit blood, breath, or urine samples to be used for chemical tests in the event that an officer of the law has sufficient cause to believe a person is intoxicated. Refusal to undergo the test subjects the driver to penalties.
What constitutes a South Dakota DUI offense?
The legal blood alcohol concentration (BAC) limit in South Dakota is .08 percent. Driving with alcohol concentration equal or higher than this is explicitly prohibited. Different legal limits are set for commercial drivers and persons under the age of 21. A BAC level of .04 is the boundary for commercial drivers, while an alcohol concentration of .02 or higher is prohibited for those less than 21 years of age.
What are the punishments for a South Dakota DUI offense?
As mentioned above, refusal to undergo chemical tests are also subject to penalties, specifically a suspension of the driver's license for one year.
Conviction in a DUI charge will require the convicted driver to pay a fine that could amount to 1000 dollars. License will be suspended for at least 30 days with a possibility of imprisonment for one year. A second offense will result in harsher penalties, plus mandatory attendance in a chemical dependency program. Completion of these may allow the court to issue a restricted permit. South Dakota DUI penalties are meted out depending on the circumstances of the case and prior DUI convictions. Seeking legal assistance from a reputable South Dakota DUI Attorney is recommended.
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