The pamphlet is an overview of the issues involved in a driving under the influence offense. Issues covered include elements of the offense, field sobriety tests and sobriety checkpoints, defenses, sentences, and more.
South Dakota Driving under the Influence - DUI - Guide and Information for your DUI - USLegal Guides
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FAQ
The legal age to purchase and consume alcohol in South Dakota is 21 years of age. It is legal to sell alcohol to persons aged 18-20 if they are in the immediate presence of a parent, guardian or spouse who is 21 years of age or older. It is legal to refuse to serve anyone under the age of 21.
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.
South Dakota DUI law chapter 32-23 states that it is against the law for any person to drive a motor vehicle in the state of South Dakota while they are under the influence of alcohol or drugs with a blood alcohol concentration level of . 08% or greater.
Any person arrested for driving or being in actual physical control of a vehicle while the weight of alcohol in the blood of the arrested person is 0.08 percent or greater, shall be charged with a violation of § 32-23-1.
In every state, it is illegal to operate a vehicle while under the influence of drugs or alcohol. In South Dakota, this crime is referred to as driving under the influence (DUI), while in some other states it is referred to as driving while intoxicated (DWI).
The maximum penalty for DWI in South Dakota is one year in the county jail and a $2,000 fine, or both. Additionally, one's driver's license is revoked for a period of up to one year from conviction. Multiple DWI convictions can result in a felony conviction and time in the state Penitentiary, as described below.
The maximum penalty for DWI in South Dakota is one year in the county jail and a $2,000 fine, or both. Additionally, one's driver's license is revoked for a period of up to one year from conviction.
SDCL 32-23-21. a. Any person who is under the age of 21 years may not operate, drive or be in physical control of a motor vehicle with 0.02 percent of alcohol in the blood.