• State Penal Code – SD Codified Law, Chapter 32-23
• Open Container Laws – Yes
• Repeat Offender Laws – None
• Check Points – Yes – weekly
• Alcohol Exclusion Laws Limiting Treatment – None

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in South Dakota are:

1st Refusal

• 1 year license suspension

2nd Refusal

• 1 year license suspension

3rd Refusal

• 1 year license suspension

• In South Dakota the lookback period is 10 years
• Any arrest for DUI/DWI within 10 years of your first offense results in higher penalties

• Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
• A BAC of .08% and above will result in the same penalties as drivers 21 and over

1st Offense

• 30 day license suspension

2nd Offense

• 180 day license suspension

1st Offense

• license suspension (30 day minimum, 1 year maximum)

• $2000 fine

• Prison (1 year maximum)

2nd Offense

• 1 year license suspension (minimum)

• $2000 fine

• Prison (1 year maximum)

• There are no set guidelines for Aggravated DUI/DWI penalties in South Dakota
• It is generally understood that the penalties will be harsher, but the exact figures are at the discretion of the judge
• The most significant difference is that a charge of Aggravated DUI/DWI makes it mandatory for you to be evaluated by a state approved mental health and substance abuse counselor

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• The BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
• An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
• A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL

• SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
• Most, but not all states have SR-22 statutes
• In South Dakota an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
• You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
• Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

• Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• South Dakota does allow for plea bargains in DUI/DWI cases
• It can only be pleaded down to reckless driving
• This allows you to avoid a criminal record
• Any subsequent DUI/DWI arrests within the look-back period will reverse the original plea bargain
• The reckless driving will revert back to a full DUI/DWI conviction and lead to enhanced penalties in this case
• This plea bargain is typically only allowed for first time offenders with no aggravating factors involved