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Maximum penalties for DUI convictions in South Dakota

On Behalf of | Jun 4, 2022 | blog, criminal defense |

In South Dakota, drivers face a DUI conviction when they have a blood alcohol content of .08 or more. For underage drinkers, that level drops to .02, and commercial drivers have a limit of .04.

The penalties for DUI offenders are severe and can impact your personal and professional life. Continue reading for a brief primer on the consequences of DUI convictions in South Dakota. For every sentence, the court does consider an employment allowance.

First offense

First-time offenders face up to one year in prison and a $2,000 fine. According to South Dakota Legislature, in addition to potential fines and jail time, the minimum license suspension is 30 days.

Second offense

For second-time offenders, the maximum prison time and fines remain the same. However, the offender will lose their license for at least one year.

Third offense

The third DUI offense increases the maximum prison time to two years and the maximum fine to $4,000. The minimum license suspension remains one year.

Fourth offense

Four-time DUI offenders face a maximum prison time of five years and a $10,000 fine. The minimum license suspension is two years.

Fifth offense

Finally, the fifth DUI offense has a maximum prison sentence of 10 years and a maximum fine of $20,000. The minimum suspension of driving privileges is three years.

For every subsequent offense, the penalties apply to only those occurring within ten years of each other. If more than ten years pass between crimes, the courts treat the DUI as a first-time offense. These are the maximum penalties for DUI convictions and do not reflect any guaranteed results.

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