DUI Rights Help in South Dakota – South Dakota DUI Laws
Sioux Falls, Rapid City, Sturgis, Pierre, and Deadwood, South Dakota all have the same laws when it comes to drinking and driving – drivers who have a Blood Alcohol Content (BAC) of over 0.08 percent are considered to be Driving Under the Influence (DUI). The penalties of being convicted of DUI often face very harsh penalties, and South Dakota is no exception. For those who are facing a DUI conviction on their criminal record, the team at DUIRights.com can help to get their case off to a good start.
Two Penalty Classes in South Dakota
Like in some other states, offenders who are charged with DUI in the state of South Dakota will be subject to both administrative and criminal penalties. In addition to this, there will be different penalties assigned depending on the circumstances of the case such as dealing with the state’s zero tolerance policy for minors, specific penalties for those individuals who are commercial drivers, and cases that involve more than one criminal charge. This is why having a good DUI defense is so important.
How Your DUI Rights Can Help You Arrange a Plea Bargain
Depending on the circumstances surrounding the case, it may be possible for the individual to arrange a plea bargain for a lesser charge. Since South Dakota does allow plea bargaining for a lesser charge of “wet reckless” – reckless driving where alcohol is a factor – which can often carry less serious penalties, having a legal professional to help and arrange a plea bargain is very important. The prosecutor trying the case will likely only agree to a plea bargain if he or she feels it will be hard to find the individual guilty in the courtroom, so proving doubt becomes important.
One area that can spread doubt over a DUI case has to deal with the individual’s DUI rights. In more cases than individuals realize, an offender’s rights are violated during the course of the arrest. In order for an attorney to identify if the client’s rights were violated, he or she will need to know as much as possible about the traffic stop and the arrest. Here are some questions asked during the initial interview:
- Was the vehicle in operation at the time of the traffic stop
- What reason was given for making the traffic stop
- Were there any sobriety tests given, either a Breathalyzer test or field sobriety test
- Were the officer’s observations consistent with other witnesses
- Did the officer recite the individual’s Miranda Rights
Protect your rights and learn how to get your South Dakota DUI charges dismissed. Get Started Now by filling out the Free DUI Arrest Evaluation Form to get the answers you need.
No matter how guilty you may think you were at the time of the arrest, we want you to know one important thing: There is ALWAYS an aggressive and effective defense that will help you fight for the best possible outcome. In our experience, many officers do not follow proper field sobriety test procedures. In fact, challenging probable cause and the way field sobriety tests, blood tests and breath tests were administered is often a successful strategy to reduce or drop the charges. Also, many people plead guilty prematurely based on a breath test with a result above the legal limit. This is a common and costly mistake, as there are a variety of ways in having the breath test suppressed.
If you rely solely on a public defender to help you, your chances will be limited in preserving financial security and effectively winning your case. With our help, we will show you the easy to understand steps needed to get your South Dakota DUI charges dismissed effectively and take back the control of your situation by being equipped with the real information and attorneys you need to win your case.
DUI Laws in South Dakota
When comparing the penalties and fines in South Dakota to other states, it may seem a little lenient at first sight. However, there is the possibility of significant jail time as well as some hefty fines, especially when looking at first time offender penalties in other states.
Consequences for Refusing to Take Chemical Tests
Unlike most states. South Dakota has one penalty across the board for anyone refusing to take a chemical test after a DUI stop:
- First offense – 1-year license revocation
- Second offense – 1-year license revocation
- Third offense – 1-year license revocation
Challenging BAC Levels in Court
South Dakota currently uses the standard blood alcohol content (BAC) levels to establish a DUI:
- Drivers that are under the age of 21, .02 percent
- Drivers 21 years of age and older, .08 percent
- Commercial Drivers, .04 percent
Is There Mandatory Jail Time Required for a DUI in South Dakota?
South Dakota requires no minimum jail sentence for any offense, but there is a maximum at all levels:
- First offense – jail sentence of up to one year
- Second offense – jail sentence of up to one year
- Third offense – jail sentence of up to two years
The lookback period in South Dakota is 10 years.
Monetary Fines and Penalties for DUI in South Dakota
First time offenders face a larger fine in South Dakota than in many other states. However, the fines for repeat offenders are “reasonable” when compared to the other states in the country:
- First offense – mandatory fine of $1,000
- Second offense – mandatory fine of $1,000
- Third offense – mandatory fine of $2,000
License Suspension for DUI in South Dakota
All violations in the state of South Dakota require a minimum license suspension:
- First offense – suspension ranging from 30 days to one year
- Second offense – suspension ranging from 180 days to one year
- Third offense – one year mandatory suspension
At this time, South Dakota does not require an Ignition Interlock Device (IID) for any level of DUI offense.
Hiring a DUI Attorney in South Dakota
There are numerous online sources that can help you find the best DUI attorney in South Dakota. For instance, DUIRights.com offers recommendations for local attorneys as well as local law information and a free case evaluation. This will provide you with a recommendation and the best possible way to proceed with your case.
If finances are a problem, consider how much you will save if you are able to have the case dismissed or receive a reduction in charges. Also consider that if convicted, there may be professional ramifications that would cost you even more. Before dismissing hiring an attorney, ask if a payment plan is an option, as many attorneys are willing to work with clients when full payment upfront is not possible.
*Since South Dakota is an implied consent state, drivers refusing to take the chemical tests outright will receive a mandatory one-year revocation of their license
**While an IID is not mandatory for any conviction, there are exceptions where a judge may require the installation of the device. If this happens, all fees for installation and maintenance are paid by the convicted.
Finding a DUI Lawyer in South Dakota
At first glance, it may seem like a wise decision to take a plea and just accept the mandatory penalties and fines if you are arrested for DUI in South Dakota. However, what many people do not realize is the personal and professional repercussions of this charge. In addition, there is the chance you can walk away with no jail time if your case is presented properly to the court. To avoid complications, you should at least consult with a DUI attorney, which you can find by filling out the Free DUI Arrest Evaluation Form.