South Dakota DUI Laws & Penalties

South Dakota DUI

South Dakota DUI is defined by the South Dakota DUI statute SDCL § 32-23-1 which prohibits driving (or being in actual physical control) of a motor vehicle while intoxicated by alcohol, drugs, or a combination of both with specified or an unsafe blood alcohol concentration (.08%).

If you If you drive in the state of South Dakota under the influence of either drugs or alcohol, you are guilty of a criminal offense under the South Dakota DUI laws; 



  • SDCL § 32-23-1   Prohibits driving or being in actual physical control of vehicle while alcohol is present in the blood or while under the influence of alcohol, marijuana, drugs or controlled substances.
  • SDCL § 32-23-1(1)   A Chemical test of 0.08% percent or more by weight of alcohol in the persons blood.

If you are arrested for South Dakota DUI, you need to talk to a lawyer right away to protect your right to drive in the state as well as handle the criminal matters. An interesting fact aboutSouth Dakota DUI laws is that they also apply to riding a horse or a bicycle as well as motor vehicles. 

While many states have two separate cases when facing a DUI charge, traditionally a criminal charge as well as the popular 'per se' charge, South Dakota DUI only has a criminal case. You will not have to face a Motor Vehicles Division hearing as well, but the MVD will suspend your license as part of your court case. 

South Dakota Look Back Period

In a South Dakota DUI case, the court can look at the arrestee’s record going back a total of ten years. Any DUI arrests prior to ten years will not be counted. However, if the arrestee has a DUI charge in the past ten years, the current charge will be considered a second offense. 

Punishments for a South Dakota DUI Offense

South Dakota DUI First Offense

  • $300 fine
  • 2 days in jail
  • Possible community service
  • Drivers license suspension for 30 days
  • Alcohol assessment and treatment

South Dakota DUI Second Offense

  • $1000 fine
  • 2 days in jail
  • Possible community service
  • Drivers license suspension for 1 year
  • Alcohol assessment and treatment

South Dakota DUI Third Offense

  • $3,500 fine
  • 60 days in jail
  • Possible community service
  • Drivers license revocation for 1 year
  • Ignition interlock system must be installed on vehicle
  • Impounding of vehicle
  • Alcohol assessment and treatment

Remember that all costs associated with your South Dakota DUI, including court costs, license reinstatement fees, and the cost of assessment, will be your responsibility. Your attorneymay be able to help you get a limited license if he or she can prove that your loss of driving privileges will harm your family and make it impossible for you to earn a living. Finally, be aware that you will most likely be required to carry what's known as a SR-22 policy for insurance coverage after yourSouth Dakota DUI.

South Dakota DUI Attorneys

DUI Arrest Help.com has compiled a list of skilled DUI defense attorneys in South Dakota who have agreed to offer you a free initial consultation to discuss your case.  There is no obligation to use them, and you can get some great information about what you should do in this free consultation.  

Click here to speak with one of our South Dakota DUI lawyers.

Insurance Considerations for a South Dakota DUI

SR-22 insurance is required in the state of South Dakota after a DUI conviction.  This type of insurance is classified as 'high risk' meaning you are a higher risk to the insurance companies so consequently they will charge more for taking on more risk.  This can get very expensive if you sign up for one of these policies with the wrong company.

DUI Arrest Help.com has partnered with the largest and most trusted SR22 insurance provider in the state of South Dakota and has worked out a special discount only available here for our website visitors.

You won't be able to find a cheaper SR22 insurance policy in South Dakota for any less.  Type in your zip code below so we can provide you with the cheapest rates in your area.



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Additional South Dakota DUI Resources

  • South Dakota DUI First Offense -  Detailed first offense information including punishments after a first offense DUI in South Dakota.

  • 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.