South Dakota DUI Laws

An individual who is arrested for a South Dakota DUI faces serious legal consequences, although the South Dakota DUI laws actually carry a less serious penalties than some other states. While they do follow the national guideline for determining an illegal blood alcohol concentration, their terms of license revocation is not as strict as the ones in many other states.

When an individual receives their first South Dakota DUI, they automatically lose their license for a consecutive period of 30 days. It is possible for one to lose their license for a period of one year. Anyone who is charged with a South Dakota DUI will also be fined $1,000 and eligible for up to one year in jail.

A second South Dakota DUI results in an individual's license being suspended for a period of at least 180 days to one year. South Dakota DUI laws require an individual to pay a fine of $1000. They also must complete a chemical dependency program in order to regain the right to drive in the state of South Dakota.

A third South Dakota DUI is a Class 6 felony offense and is punishable by up to two years in jail. An individual's license will be suspended for a year and they will have to pay a fine of at least $2000. Again, a chemical dependency program must be completed. According to South Dakota State DUI laws, every offense requires an individual to prove financial responsibility, which means that proof of car insurance must be shown before getting a license back.

A South Dakota DUI will stay on one's driving record for ten years, at which time the driver will be required to pay higher car insurance rates than usual. Any blood alcohol concentration of 0.8% or higher can result in a South Dakota DUI. Legally, according to South Dakota DUI laws anyone who drives in the state automatically agrees to a field sobriety test.


South Dakota DUI laws restrict anyone from driving a car, boat, bicycle and truck while having a blood alcohol concentration of 0.8% or higher. Riding a horse when drunk or high is also against the law. Prescription drugs, even those prescribed to the driver is also illegal. Prescription drugs cannot be used as an excuse for appearing to be impaired at a South Dakota DUI trial. It is up to the police officer who stops the driver to decide if they appear to be impaired or not.

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