What to know about being stopped for DUI in South Dakota

On Behalf of | Nov 9, 2021 | criminal defense |

Every state in America has drunk driving laws, yet the specifics widely differ in each. Rules about blood alcohol levels, for instance, vary greatly.

Knowing the laws that apply to South Dakota can be helpful for resident drivers. Having such information can make a big difference when it comes to preparing a legal defense.

Facing tests for DUI in South Dakota

In South Dakota, officers have automatic consent to test a driver. In other words, operators they suspect are drunk must agree to a test or face suspension of their license. The expectation is that they submit to a urine, breath, or blood test.

Still, drivers from Mount Rushmore State do not need to consent to a field test. In this region, such examinations are not mandatory on account of their unreliability.

The legal limit for intoxication while driving in the area is .08. That said, drivers who have a blood alcohol concentration as low as .05 may also be in trouble. Commercial drivers have stricter limits and must not exceed BAC readings of .04.

Facing a conviction for DUI in South Dakota

A first-time drunk driving conviction in South Dakota is a class B misdemeanor. Corresponding punishments include license suspension, fines, probation, and potential incarceration. Jail time for repeat offenders can go as high as 15 years. Fines usually run around $500, although they can go as high as $2,000. It is common for those facing a conviction in South Dakota to have an addiction evaluation.

The legal consequences of dealing with a DUI are severe everywhere. Depending on the circumstances, they are particularly harsh in South Dakota. Knowing the law prepares those who are at risk for conviction of what may come.