Do I have to have a BAC level of 0.08 to be charged with DUI in South Dakota?

No. If it is evident that alcohol consumption rendered a driver incapable of driving safely, the driver can be charged with driving under the influence of alcohol. However, if your BAC level is under 0.05, you are presumed to NOT be under the influence of alcohol.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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