DUI Laws in South Dakota
The legal BAC limit in South Dakota, first-offense DUI penalties, what happens if you refuse a test, and how long a DUI counts.
Short answer: 0.08 for drivers generally. For drivers under 21, driving with 0.02 or more (or after consuming marijuana or a non-prescribed controlled substance while evidence remains in the body) is a Class 2 misdemeanor. SDCL §§ 32-23-1, 32-23-21
| Legal BAC limit | 0.08 for drivers generally. For drivers under 21, driving with 0.02 or more (or after consuming marijuana or a non-prescribed controlled substance while evidence remains in the body) is a Class 2 misdemeanor. The commercial driver limit was not confirmed. Source: SDCL §§ 32-23-1, 32-23-21 |
|---|---|
| First-offense DUI penalties | A first DUI is a Class 1 misdemeanor (up to one year in county jail and/or a $2,000 fine). The court must revoke the license for at least 30 days and may extend the revocation or restrict driving for up to one year. Ignition interlock or 24/7 sobriety requirements for a first offense were not confirmed. Source: SDCL §§ 32-23-2, 22-6-2 |
| When a DUI is a felony | In South Dakota, a 3rd DUI offense is a Class 6 felony, a 4th is a Class 5 felony, and a 5th or later is a Class 4 felony. Each comes with a mandatory license revocation: at least 1 year for a 3rd, 2 years for a 4th, and 3 years for a 5th or later. Prior DUI convictions count only if they occurred within 10 years before the new violation, and time spent incarcerated for an earlier violation is not counted toward the 10 years. |
| Refusing a breath test | Anyone who drives in South Dakota is considered to have consented to chemical testing. A person facing revocation for refusing testing may request a hearing within 120 days of arrest; if the refusal is upheld, the license is revoked for one year. The Secretary of Public Safety decides whether the person may drive for employment. A driver under 21 who pleads guilty to the under-21 offense before a revocation order is issued is not subject to the refusal revocation. |
| DUI lookback period | Ten years. A prior DUI conviction more than ten years before the current violation generally cannot be used to make the current charge a second or later offense (time spent incarcerated for a prior violation is not counted toward the ten years). A second offense is a Class 1 misdemeanor, a third is a Class 6 felony, and a fourth is a Class 5 felony. |
| How long a DUI stays on your record | For counting repeat offenses, South Dakota uses a 10-year lookback. A DUI more than 10 years before the new violation cannot be used to make it a 2nd, 3rd or later offense, except as allowed under SDCL 32-23-4.9. Time the person spent incarcerated for an earlier violation is not counted toward the 10 years. Source: SDCL 32-23-4.1 |
| Hardship or restricted license | After a first DUI, the court may, with proof of financial responsibility, allow driving for work, 24/7 sobriety testing, school, child care drop-off or pickup, health appointments, court or probation appointments, and counseling or treatment. For a second offense, similar limited driving may be allowed after completing a court-approved chemical dependency program. For other suspensions, the Secretary of Public Safety may issue a restricted license to drive to and from work, for work, or to attend school. |
Where to get help in South Dakota
More South Dakota traffic tickets & dui
- Reinstating a Driver's License in South Dakota
- How Driver Points Work in South Dakota
- Paying or Contesting a Traffic Ticket in South Dakota
- All South Dakota traffic tickets & dui rules
FAQ
What is the legal blood alcohol limit in South Dakota?
0.08 for drivers generally. For drivers under 21, driving with 0.02 or more (or after consuming marijuana or a non-prescribed controlled substance while evidence remains in the body) is a Class 2 misdemeanor.
What is the penalty for a first DUI in South Dakota?
A first DUI is a Class 1 misdemeanor (up to one year in county jail and/or a $2,000 fine). The court must revoke the license for at least 30 days and may extend the revocation or restrict driving for up to one year.
Is a DUI a felony in South Dakota?
In South Dakota, a 3rd DUI offense is a Class 6 felony, a 4th is a Class 5 felony, and a 5th or later is a Class 4 felony. Each comes with a mandatory license revocation: at least 1 year for a 3rd, 2 years for a 4th, and 3 years for a 5th or later. Prior DUI convictions count only if they occurred within 10 years before the new violation, and time spent incarcerated for an earlier violation is not counted toward the 10 years.
What happens if you refuse a breathalyzer in South Dakota?
Anyone who drives in South Dakota is considered to have consented to chemical testing. A person facing revocation for refusing testing may request a hearing within 120 days of arrest; if the refusal is upheld, the license is revoked for one year. The Secretary of Public Safety decides whether the person may drive for employment. A driver under 21 who pleads guilty to the under-21 offense before a revocation order is issued is not subject to the refusal revocation.
How long does a DUI count as a prior offense in South Dakota?
Ten years. A prior DUI conviction more than ten years before the current violation generally cannot be used to make the current charge a second or later offense (time spent incarcerated for a prior violation is not counted toward the ten years). A second offense is a Class 1 misdemeanor, a third is a Class 6 felony, and a fourth is a Class 5 felony.
How long does a DUI stay on your record in South Dakota?
For counting repeat offenses, South Dakota uses a 10-year lookback. A DUI more than 10 years before the new violation cannot be used to make it a 2nd, 3rd or later offense, except as allowed under SDCL 32-23-4.9. Time the person spent incarcerated for an earlier violation is not counted toward the 10 years.
Can you get a hardship license in South Dakota?
After a first DUI, the court may, with proof of financial responsibility, allow driving for work, 24/7 sobriety testing, school, child care drop-off or pickup, health appointments, court or probation appointments, and counseling or treatment. For a second offense, similar limited driving may be allowed after completing a court-approved chemical dependency program. For other suspensions, the Secretary of Public Safety may issue a restricted license to drive to and from work, for work, or to attend school.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.