Every August, thousands of riders travel to Sturgis, South Dakota, for the Sturgis Motorcycle Rally. The concerts, crowded streets and late-night parties create plenty of chances to have fun. However, one incident can turn a motorcycle trip into a criminal case.
If police arrest you during the Rally, you may face charges for driving under the influence (DUI), drug possession, unlawful firearm possession, assault or disorderly conduct. Even if you live in another state, South Dakota law applies to your case. An arrest can also affect your travel plans, job and criminal record.
What charges can you face during the Rally?
Police patrol busy roads, bars and event areas throughout the Rally. Depending on the incident, officers may investigate several types of criminal offenses. Common examples include:
- DUI: Riding or driving while impaired by alcohol or drugs can lead to a DUI charge. South Dakota law covers operating or being in actual physical control of a vehicle. A blood alcohol concentration (BAC) of 0.08% or higher can support a charge, but a lower BAC does not rule one out.
- Drug possession and ingestion: Carrying illegal drugs or certain controlled substances can lead to criminal charges. Under SDCL § 22-42-5.1, unauthorized ingestion of a controlled substance or having it in an altered state in your body can result in a misdemeanor charge for a first or second offense. A third offense within 10 years can be a Class 6 felony. This rule can affect visitors who legally used cannabis or other controlled substances in another state before entering South Dakota.
- Firearm offenses: Carrying a firearm in a restricted place or possessing one unlawfully can lead to criminal charges. For example, South Dakota law prohibits possessing a loaded firearm while intoxicated.
- Assault: Getting into a bar fight or physically attacking another person may result in an assault charge.
- Disorderly conduct: Fighting, making unreasonable noise or causing a public disturbance may lead to arrest.
The exact charge and possible penalties depend on the facts, evidence and your criminal history.
What happens after an arrest if you live out of state?
An arrest can affect your travel plans, especially if you need to return home before your case ends. After police take you into custody, you generally go through booking and an initial court appearance. A magistrate explains the charges and addresses release conditions, which may include bail. The court may also schedule more hearings after your release.
You may wonder if you need to travel back to South Dakota for every court date. In many misdemeanor cases, a court may allow your attorney to handle certain proceedings without you under Rule 43. However, the court must approve this arrangement and may still require you to appear.
A local criminal defense attorney can request permission for you to appear through counsel and handle court matters that do not require your presence. This can reduce travel costs and time away from work. Missing a required court appearance can lead to an arrest warrant.
An arrest can change the trip
An arrest during the Sturgis Motorcycle Rally can turn a planned weekend of riding and entertainment into an unexpected legal problem. What happens next depends on the charge, the evidence and the court’s decisions. For visitors who came to South Dakota for the Rally, dealing with a criminal case may become an unexpected part of the trip.