South Dakota DUI Attorney

March 14th, 2022 by admin Leave a reply »

South Dakota DUI Law

It is illegal to drive while under the influence of alcohol or drugs in the state of South Dakota. If you are arrested for and later convicted of this offense, you face serious penalties that can impact your financial situation, reputation, and your freedom. You will also face the loss of your driving privileges, making it difficult if not impossible to continue with your daily activities. These penalties make it important for you to contact a South Dakota DUI attorney as soon as you are arrested for a DUI/DWI offense. A skilled South Dakota DUI lawyer will be able to review the facts of your case and plan a defense that gives you the best chance of winning your case or minimizing the penalties imposed if convicted of driving under the influence.

South Dakota DUI/DWI Law

The DUI law in South Dakota is somewhat unique because of the way that the term “vehicle” is used. In most states, DUI laws cover motor vehicles such as cars, trucks, motorboats, tractors, and similar equipment. South Dakota law expands the definition of a vehicle to include almost anything you can ride in or on for the purposes of transportation. Riding a bicycle or even a horse while your blood alcohol content level is above the legal limit can very well be considered a DUI offense and you may be arrested and prosecuted for DUI. South Dakota is also one of the states that use the concept of implied consent within the DUI laws. This means that you imply your consent to chemical testing simply by using the roadways and operating a vehicle within the state. You do not have the right to refuse chemical testing in South Dakota if you have been lawfully arrested for a DUI offense. South Dakota is one of the few states that do not have an administrative license suspension or revocation associated with a DUI arrest. Any suspension or revocation is ordered by the court as a part of the DUI criminal trial.

DUI Prosecution

If you are arrested lawfully for a DUI offense, you will be prosecuted under the DUI laws of the state of South Dakota. There are two ways in which you can be prosecuted for a driving under the influence charge in South Dakota. One is the traditional, common law definition of driving under the influence. In this type of case, the prosecutor will try to show that you were impaired as a result of alcohol or drug consumption. Information about your appearance, driving habits, and field sobriety test results may be introduced to show that you were impaired at a level that prevented you from safely operating your vehicle. Another way you can be prosecuted is under the “per se” law in South Dakota. The prosecutor using this method of prosecution does not have to show any particular level of impairment. It simply must be proven that your blood alcohol concentration level exceeded the legal limit of 0.08% at the time of chemical testing. Having a qualified South Dakota DUI attorney representing you can help you to minimize the impact of any testimony or test results because your attorney can question the validity of the arrest or the reliability of the chemical test results.

Driver’s License Penalties

As outlined above, South Dakota has no administrative license suspension process in place for drivers who are arrested for DUI. However, the courts will impose license suspension on convicted offenders. The suspension period is 30 days for the first offense, a one year revocation for a second offense, and a one year revocation for a third offense. If you have refused to submit to chemical testing, your license will be suspended for one year whether you were actually intoxicated or not.


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