South Dakota First Offense DUI Laws

South Dakota DUI

In South Dakota, if you are caught driving a vehicle while having a blood alcohol content (BAC) of 0.08 or higher, you will be charged with a DUI. In addition, if your blood alcohol content is 0.05 or higher and there is evidence that you are intoxicated, you can be charged with a DUI.

Note: You do not have to be actually driving to be charged with a DUI. For example, if you are seen sitting behind the wheel with the keys, you can be charged.

South Dakota enforces an Implied Consent Law. This means that just by driving in South Dakota, you are agreeing to submit to a chemical alcohol test (e.g., breathalyzer, blood test) if asked to do so by law enforcement. Refusing to submit to a chemical test is a criminal offense, one that carries significant penalties. (The law does not require you to submit to a field sobriety test.)



If you have been arrested for a first offense DUI, or a first offense Implied Consent violation, you will want to contact a South Dakota DUI lawyer as soon as possible. Try to find a lawyer that deals specifically with DUI cases, and one that practices in this area often. South Dakota DUI law is daunting, but an experienced DUI lawyer will quickly break it down for you. This is not something you want to try to do alone!

South Dakota First Offense DUI Penalties:

A first offense DUI is a Class 1 Misdemeanor. Penalties for a first offense DUI include:

  • $1,000 fine
  • Up to 1 year in jail
  • At least 30 day revocation of your driver's license
  • $75 reinstatement fee

The court may grant a first time offender permission to drive to and from work, school, and/or alcohol counseling. The court may also restrict or revoke your driving privilege for up to 1 year.

Before your driver's license will be reinstated you will be required to complete an SR22 filing with the DMV. You can obtain your SR22 insurance policy and filing by clicking on the button below and completing the simple form on the following page:

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South Dakota and Ignition Interlock:

As of July 2011, South Dakota is implementing ignition interlock pilot trials. At this time, there is not yet an ignition interlock requirement associated with a first offense DUI. This may change soon. Most states are now using ignition interlock devices to help prevent drunk driving.

South Dakota SR22 Insurance:

If you have been convicted of a DUI, you will need to purchase SR22 insurance. When you purchase SR22 insurance, your insurance company provides proof of financial responsibility to the South Dakota Department of Public Safety. They do this by filing a "form SR22". If possible, ask your insurance company to do this electronically, as this speeds up the transaction significantly.

You will be required to carry SR22 insurance for 3 years from the date of your conviction. It is imperative that you don't allow a lapse in your insurance. Failing to maintain this proof of financial responsibility is a Class 2 Misdemeanor. This can lead to another suspension of your driver's license, 30 days imprisonment, and $100 fine.

SR22 insurance can be expensive, but there are competitive rates out there. You can explore those by clicking below:



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Additional South Dakota DUI Resources

  • South Dakota DUI Laws - A complete overview of South Dakota DUI laws including fines, jail time and penalties for each offense.

  • South Dakota SR22 Insurance -  Learn everything you need to know about South Dakota SR22 filing requirements with the DMV and find out how you can save hundreds of dollars each year on your SD SR22 insurance.

  • South Dakota DUI Lawyers -   Contact one of our South Dakota DUI lawyers today.