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What is a typical sentence for DWI or DUI first offense in South Dakota? A DWI or DUI offense is a class 1 misdemeanor, with a maximum sentence under the law of 1 year in jail, a $2,000 fine, and a driver's license revocation of at least 30 days. A typical DWI or DUI first offense does not include actual jail time.
If an individual has 0.08 percent or more by weight of alcohol in their blood, as shown by chemical analysis of their breath, blood, or other bodily substance, they are presumed to be driving under the influence of intoxicating liquor.
Like many states, South Dakota has an implied consent law. This means that your choice to drive a car is automatic consent to the withdrawal of bodily substances for analysis.
Anyone under the age of 21 who is stopped and found to have consumed alcohol or drugs and has a BAC level of . 02% or higher will be arrested for violating South Dakota's ?zero tolerance? law regarding under age drinking and driving and is guilty of a Class 2 Misdemeanor offense.
08% alcohol by weight in the blood is the legal limit in South Dakota. That does not mean one can't be prosecuted for DWI with a blood test lower than . 08. It is only the level at which a jury can presume that someone is under the influence of alcohol.