Thanks to the tenth amendment of the US Constitution, every state is allowed to create any laws that are not specifically provided from the federal government. Among the laws that are considered to be a state matter are those which pertain to driving under the influence.
South Dakota DUI laws strive to make the highways, roads and off roads safe for everyone. That is one of the reasons why they expanded their definition of “vehicle.” Technically, in South Dakota you can be arrested for a “driving under the influence” if you are actually riding a horse or a bicycle. The bottom line is if you have consumed enough alcohol or ingested enough drugs to be considered impaired then it is best for you to sleep it off somewhere.
South Dakota DUI Definitions
A test that measures your blood alcohol content (BAC) is what is used to determine the amount of alcohol you have in your system at any given time. Your BAC can be determined by either a blood, urine or breathalyzer test.
South Dakota is an implied consent state. This means that when you get your driver’s license you have agreed to submit to any one of those BAC tests when asked by a law enforcement official. If you do not comply to the tests, then you can be automatically arrested for a DUI and have your license suspended.
In South Dakota, a BAC of .08 or higher is the threshold for a DUI. A person under the legal drinking age of 21 only has to have a BAC of .02 to be considered driving under the influence. If you are operating any type of commercial vehicle while under the influence, your BAC only needs to be .04 to qualify for a DUI arrest.
SR22 Insurance is a special classification of insurance that people convicted of a DUI must obtain in order to drive. With this special insurance, you can be subjected to review at any time to make sure you are complying with state mandated prohibition. Additionally your premiums will increase.
South Dakota DUI Penalties
A first time DUI offense in South Dakota carries with it a possible jail sentence of up to one year behind bars. You can also have your license suspended from anywhere between thirty days to up to one year. There is also a fine of $1,000.
A second DUI offense permits a judge to sentence you to up to one year in jail along with 180 days of license suspension and a $1,000 fine.
In South Dakota, a third DUI offense is considered a Class 6 Felony. This means up to two years in jail, a $2,000 fine and possible license restriction.
All of the DUI convictions in South Dakota require you to obtain the SR22 Insurance certification.
South Dakota DUI Exceptions
A new bill was recently signed into law that permits persons convicted of a DUI to drive if there is a financial hardship or school attendance involved. In order to comply, the driver must submit to random sobriety tests that are scheduled up to the discretion of the court.