Dedicated Rapid City DUI Defense Lawyer Ready To Fight For You

Last updated on April 18, 2025

When facing charges of intoxicated driving, it might seem like there is no hope for an effective defense. Perhaps the breath or blood test showed a blood-alcohol content (BAC) higher than the legal limit or the arresting officer has clear evidence that you could not walk or speak properly from the roadside tests. These are strong evidentiary elements, and it makes sense that you would be concerned.

However, these cases are not as simple as they sometimes appear. There are numerous ways to challenge DUI/DWI charges in South Dakota. With decades of criminal defense experience, Matt Skinner knows how to fight these charges. He challenges every aspect of the case, including:

• The legality of the stop: This is the most important factor for challenging drunk-driving charges in South Dakota. There are strict regulations for when and how a police officer can make a stop for drunk driving. There has to be probable cause to believe that the person being arrested is in fact intoxicated. Probable cause can include speeding or other forms of reckless driving. Absent probable cause, the stop is illegal. A viable criminal charge cannot arise from an illegal stop. Therefore, if it can be shown that the stop lacked probable cause, it can result in dropped charges.
• The blood and breath tests: Although they seem very accurate and official, the methods of technology used by the police for breath and blood tests are not perfect. There are times when the machines malfunction, and there are numerous factors that can alter the results. For example, in some cases, a driver chewing gum shortly before taking the breath test could show up as having alcohol in the system even though the person wasn’t drinking at all. Matt Skinner will explore all the possible challenges to the breath and blood tests.
• The roadside sobriety tests: There are a few common roadside sobriety tests that the police have drivers perform to determine whether they are intoxicated. The walk and turn, touching your nose and the horizontal gaze nystagmus (following the officer’s finger back and forth with your eyes) are three of the most common roadside sobriety tests. The problem with these tests is that they are highly inaccurate.

If you are facing DUI charge of any kind, you can be confident that Matt Skinner has the experience and dedication to handle your case effectively. An overworked public defender or an inexperienced lawyer will lack either the knowledge or time to uncover flaws in the prosecutor’s case. If there is any way to win your case, Matt Skinner will find it.

First-Time DUI Offense Programs

A first-time DUI offense in South Dakota is a Class 1 misdemeanor. These charges can attract possible penalties of up to a $2,000 fine, driver’s license revocation (minimum 30 days) or up to one year in jail and a mandatory chemical dependency evaluation (if BAC was .17% or higher).

While the penalties can be significant, there are state-mandated programs designed to address high-risk driving behaviors and provide rehabilitation opportunities. Some of the interventions to help you navigate the legal situation are:

• DUI program: A 12-hour educational program focused on understanding and modifying high-risk behaviors.
• 24/7 sobriety program: Requires testing twice a day and may involve an ignition interlock device (installation and monthly lease costs are borne by the participant).
• Deferment program: Allows avoiding jail time if no injuries, accidents or drugs are involved.

As much as the local programs recognize that most people do not set out to make dangerous choices, it is equally important to have legal knowledge of how things work in these specific situations.

Second-Time DUI Offenses

A second-time DUI offense carries harsher penalties compared to a first offense. They include:

• Up to $2,000 fine
• Possible jail time of up to one year (around 10 days for standard violations)
• Mandatory alcohol evaluation
• Potential chemical dependency treatment
• Participation in a 24/7 sobriety program.

These penalties underscore the serious legal consequences of impaired driving and why you should let a trustworthy attorney like Matt Skinner take charge immediately. He can analyze every detail of your case, identify potential weaknesses in the prosecution’s case and explore the available legal options to minimize its impact on your life.

Answers To Frequently Asked Questions About Drunk Driving Charges

Below, we’ve provided answers to some of the questions most commonly asked by prospective clients.

What constitutes a DUI/DWI in South Dakota?

In South Dakota, a driver is considered to be driving while intoxicated if they have a blood alcohol content (BAC) of .08% or higher. However, individuals can also be charged with a DUI if they are under the influence of drugs or alcohol that impairs their ability to drive safely, regardless of BAC levels.

What are the penalties for a DUI conviction in South Dakota?

The standard consequences for a first and second offense are described in detail above, but the penalties for a DUI in South Dakota can vary depending on the circumstances such as the driver’s BAC level, the presence of any minors in the vehicle, and any prior convictions.

How does a DUI affect my driving privileges?

A DUI conviction typically results in the suspension of your driving privileges. The duration of the suspension can vary based on the severity of the offense and any previous convictions. In some cases, you might be eligible for a restricted or hardship license, allowing you to drive under certain conditions, such as commuting to work. At Skinner Law Office, our DUI defense lawyers have extensive experience in driver’s license reinstatement.

Can I refuse a breathalyzer test in South Dakota?

In South Dakota, you have the right to refuse a breathalyzer test; however, refusal can lead to automatic license suspension under the state’s implied consent laws. Additionally, refusal can be used against you in court and may result in similar or harsher penalties than if you had taken the test and failed.

What defenses are available for a DUI charge?

Several defenses might be applicable in DUI cases, such as questioning the accuracy of the breathalyzer test, showing that the the traffic stop was unlawful or demonstrating that you were not actually driving the vehicle. Determining the available strategies and choosing the most appropriate approach will depend on the specifics of your case.

Do I need a DUI defense lawyer in South Dakota?

While you are not required to have an DUI defense lawyer, it is highly recommended. DUI laws can be complex, and an experienced DUI defense attorney can help navigate the legal system, protect your rights and potentially mitigate the consequences. At Skinner Law Office, we have decades of experience in DUI defense and are committed to providing aggressive and knowledgeable legal representation to help you achieve a favorable outcome.

What should I do immediately after being arrested for DUI?

If you are arrested for a DUI in South Dakota, it’s important to remember a few key steps:

• Remain calm and polite throughout your interaction with law enforcement.
• Exercise your right to remain silent and avoid discussing the details of your case without an attorney present.
• Contact a DUI defense lawyer at Skinner Law Office as soon as possible to discuss your case and begin preparing your defense.

At Skinner Law Office, we understand the complexities of DUI cases and the severe impact they can have on your life. Our dedicated team has extensive experience in DUI defense, providing personalized and effective legal strategies tailored to each client’s unique situation. We prioritize open communication, ensuring that you are fully informed and involved throughout the legal process.

Recommended Resources

Matt Skinner provides support through some informative resources:

• Possible Consequences of a DUI Conviction
• Motorcycle Riding Behaviors Leading to DUI Arrest
• Maximum Penalties for DUI Convictions in South Dakota
• Defending Yourself from DUI Charges at Sturgis Motorcycle Rally
• What to Know About Being Stopped for DUI in South Dakota

Each resource offers legal insights tailored to his local experiences and legal system. After all, the aim is to be your defender and achieve the best outcome.