South Dakota First Offender

You are DUI/DWI in South Dakota if your blood alcohol content (BAC) is .08% or higher. However, you can have a BAC level of between .05% and .08%, you still be charged with driving under the influence.

Penalties for Driving Under the Influence (first offense is a Class 1 misdemeanor)

Jail
First offense is punishable by imprisonment up to one year, with no mandatory minimum. Plea agreements and probation are generally available to first offenders.

Fine
A fine from $1,000 to $5000, with no mandatory minimum.

License Suspension

Your driving privileges will be revoked for not less than thirty days. The court may revoke your driving privilege for a longer period not to exceed one year or restrict the privilege in such manner as it sees fit for a period not to exceed one year.

Work Permit

The court may issue an order permitting you to drive for purposes relating to your job or to attend a court-ordered counseling program.

Education

8 hours of classroom instruction at a cost of $150.

Test Refusal

If you refuse a breath, blood or urine test, you will lose your driver license for up to one year, unless a hearing determines otherwise. You can lose your license just for refusing to take the test even though you may not have been drinking at all. Your license can be confiscated immediately by the officer.

Under 21

Anyone under 21 who has at least .02% of alcohol in their blood while in control of a motor vehicle can lose their license for 6 months.

Insurance

Upon conviction of DWI, you must present an SR-22 "insurance filing" to the Department of Public Safety and maintain this insurance for 3 years from the conviction date of the violation.

A conviction can significantly increase not only your own insurance rates, but possibly those of your family members, and perhaps even of your employer.

Even Greater Penalties

Even greater penalties are applicable if your DUI