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DWI South Dakota

In South Dakota, the Blood Alcohol Content (BAC) limit is set at 0.08% for drivers over 21 years. However, even with a BAC between 0.05% and 0.08%, you can still be booked if you show signs of impairment. For drivers below 21 years of age, the BAC limit is set at 0.02% and for commercial drivers; the limit is set at 0.04%. If you are behind the wheel with keys in the ignition, you are taken to be driving, even if the vehicle is not in motion.

Having a South Dakota license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving. This is the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyser test or by an actual blood test to check the BAC. Refusing to take the chemical test will result in your license being revoked for a year.

 

1. The first offense

• Class 1 Misdemeanor.

• Imprisonment for up to a year

• Fine of up to $2000 may be imposed.

• Your license will be suspended for 30 days to a year.

• The court may grant you restricted driving privileges to go to work and back as well as to attend counseling session mandated by it for part or all of the period of suspension.

 

2. The second offense

• Class 1 Misdemeanor.

• Imprisonment for up to a year

• Fines of up to $2000 may be imposed.

• Your license will be revoked for at least one year.

• If you drive during that period, you will have to spend at least three days in jail.

 

3. The third offense

• Class 6 Felony

• Imprisonment for up to two

• Fine of up to $4000.

• Your license will be revoked for at least a year from the date of sentencing or release from jail, whichever is later.

• Driving during this period will attract a mandatory 10 days in jail

 

4. The fourth offense

• Class 5 Felony

• Imprisonment for up to five years

• Fine of up to $10000.

• Your license will be revoked for at least two years from the date of sentencing or release from jail, whichever is later.

• Driving during this period will attract a mandatory 20 days in jail

 

5. The fifth or subsequent offense

• Class 4 Felony

• Imprisonment for up to ten years

• Fine of up to $20000.

• Your license will be revoked for at least three years from the date of sentencing or release from jail, whichever is later.

• Driving during this period will attract a mandatory 20 days in jail


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