Attorneys

South Dakota Drunk Driving Defense FAQs

• Q: What Is The Legal Blood Alcohol Concentration Level In South Dakota For Determining If A Person Is Driving While Under The Influence Of Alcohol?
  A: If an individual has 0.10 percent or more by weight of alcohol in their blood, as shown by chemical analysis of their breath, blood, or other bodily substance, they … More
• Q: Do I Have To Be Driving My Vehicle To Be Charged With Driving Under The Influence?
  A: No. An individual who is in actual physical control of a motor vehicle can be charged with DUI, even if they are not actually driving the vehicle. For example, an … More
• Q: Do I Have To Have A Bac Level Of .10 To Be Charged With Driving Under The Influence?
  A: 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. … More
• Q: If I Am Stopped For Driving Under The Influence, Am I Required To Submit To A Chemical Analysis Of My Breath Or Blood?
  A: Any person who operates any vehicle in South Dakota is considered to have given their consent to the withdrawal of blood or other bodily substance and chemical … More
• Q: What Is The Penalty For Driving Under The Influence As A First Offense?
  A: A first offense is a Class 1 misdemeanor, and the defendant's driving privileges shall be revoked for not less than thirty days. However, the court may issue an order … More
• Q: What Is The Penalty For Driving Under The Influence As A Second Offense?
  A: A second offense is also a Class 1 misdemeanor, and the defendant's driving privilege will be revoked unconditionally for a period of not less than one year. However, … More
• Q: What Is The Penalty For Driving Under The Influence As A Third Offense?
  A: A third offense is a Class 6 felony, and the court shall unconditionally revoke the defendant's driving privileges for such period of time as may be determined by the … More
• Q: What Is The Penalty For Driving Under The Influence As A Fourth Offense?
  A: A fourth or subsequent offense when a person has previously been convicted of a felony for a third offense, is a Class 5 felony, and the court shall unconditionally … More
• Q: What Are The Speed Limits In South Dakota?
  A: Unless Otherwise Posted Absolute Interstate 75 mph Ltd Access Rds 65 mph Other Primary Rds 65 mph Residential 25 mph More
• Q: How Are Speed Limits Enforced?
  A: Enforced through use of: Pacing Yes Radar Yes Vascar No Photo Radar No Aircraft Yes Laser Yes More