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.
Additional Drunk Driving Articles
- Drunk Driving Defense Laws in South Dakota
- What is the legal drinking limit for drivers in South Dakota?
- Do I have to be driving my vehicle to be charged with drriving under the influence?
- If I am stopped for DUI in South Dakota, am I required to submit to a Breath or Blood Test?
- What terms are used for drunk driving offenses in South Dakota?
- What constitutes DUI in South Dakota?
- Is drinking and driving a crime in South Dakota?
- Where can I find a South Dakota DUI Attorney?
- Will my license be revoked immediately after a DUI arrest in South Dakota?
- South Dakota DUI Laws: FAQ
- What are the DUI penalties for a driver under 21 in South Dakota?