Did you know if you drive your motor vehicle at anytime in South Dakota with a blood alcohol level of .08 or higher, it is against the law? If you are caught driving with a blood alcohol concentration (BAC) of .08 or above you will be arrested and could end up losing your driver’s license and even your freedom. The South Dakota DUI/DWI law includes alcohol, drugs and other controlled substances such as prescription drugs. So, using a prescription drug defense will not get you off the hook.
Bill no.1239 changes DUI laws in South Dakota
In 2008 the Governor of South Dakota signed House Bill no. 1239 which made a few changes to Dakota’s DUI laws. Here is a summary of the Bill (Permits persons convicted of driving under the influence to operate a vehicle for 24/7 sobriety testing, declares an emergency, relates to proof of financial responsibility and attendance at employment, schools or counseling programs.
First Time – DUI Offense in South Dakota
The first time you are arrested for drunk driving in the State of South Dakota:
- Your driver’s license will be suspended for a minimum of 30 days.
- You will also receive a fine up to $1000 and you could spend up to a year in jail.
Second Time – DUI Offense in South Dakota
The second time you are convicted of drunk driving in South Dakota will cost you:
- A fine up to $1,000
- Your driver’s license will be suspended 1 year.
- At the discretion of the judge, you could be sentenced you up to one year in jail.
- You will be ordered to complete a court approved chemical dependency program
- You will be ordered to provide proof of financial responsibility.
- At the discretion of the court, you may be allowed a restricted permit for purposes of employment, school or attendance at other counseling and treatment programs.
Third Time – DUI offense in South Dakota
Your third convicted of drunk driving in the State of South Dakota is taken very seriously:
- You will be charged with a Class 6 Felony.
- You will be fined up to $2000
- You will be imprisoned for up to 2 years.
- After your release from jail, your driver’s license will be suspended for a minimum of 1 year.
- You will be ordered to complete a court approved chemical dependency program.
- You will have to show proof of financial responsibility.
- The court may issue a restricted permit for purposes of employment, school or attendance at other drunk driving programs.
If you decide to drive a motor vehicle while under the influence of any controlled substances in the State of South Dakota you basically give your consent to a drunk driving test to determine alcohol content in your system. So think twice before you drink and drive in South Dakota.
Originally posted 2016-12-11 14:46:04.