Do I Have To Be Driving My Vehicle To Be Charged With Driving Under The Influence?

Tue, 29 May 2007 21:19:00 GMT

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 intoxicated person behind the wheel of a vehicle with the keys in the ignition could still be charged with DUI.

Do I Have To Have A Bac Level Of .10 To Be Charged With Driving Under The Influence?

Tue, 29 May 2007 21:19:00 GMT

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 .05, you are presumed to NOT be under the influence of alcohol.

How Are Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar No
Photo Radar No
Aircraft Yes
Laser Yes

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid by mail or in person.

If I Am Stopped For Driving Under The Influence, Am I Required To Submit To A Chemical Analysis Of My Breath Or Blood?

Tue, 29 May 2007 21:19:00 GMT

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 analysis of their blood, breath or other bodily substance to determine the amount of alcohol in their blood and to determine the presence of marijuana or any controlled drug or substance. If the person refuses to submit to the withdrawal or chemical analysis, no chemical analysis will be required, unless the person has been arrested for a third or fourth DUI, however the individual's driver's license shall be revoked for one year. The individual does have the right to have a technician of their own choosing perform a chemical analysis of their blood, a their own expense. This is in addition to the test required by the arresting officer.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

Yes

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Open intoxicants are prohibited in the vehicle.
Unloaded firearms are permitted in the vehicle. Handguns must be cased and in trunk or other closed compartment of vehicle.
Studded tires are permitted from October 1 to April 30.
Tire chains are not required.
South Dakota has a seat belt law with secondary enforcement for all front seat occupants.
South Dakota has a mandatory child restraint law for passengers under 6 years of age. Children under age 2 must use approved car safety seats.
South Dakota has a mandatory motorcycle helmet law for persons under 18 years of age.
Registration and insurance card must be carried in the vehicle.

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Compulsory insurance law. Minimum limits: $25,000/50,000/25,000.

What Are The Speed Limits In South Dakota?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted
Absolute Interstate 75 mph
Ltd Access Rds 65 mph
Other Primary Rds 65 mph
Residential 25 mph

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

What Is The Legal Blood Alcohol Concentration Level In South Dakota For Determining If A Person Is Driving While Under The Influence Of Alcohol?

Tue, 29 May 2007 21:19:00 GMT

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 are presumed to be driving under the influence of intoxicating liquor.

What Is The Penalty For Driving Under The Influence As A First Offense?

Tue, 29 May 2007 21:19:00 GMT

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 permitting the person to drive for purposes relating to the person's job or to attend a courtordered counseling program. The court may revoke the defendant's driving privilege for a longer period not to exceed one year or restrict the privilege in such manner as it sees fit for a period not to exceed one year.

What Is The Penalty For Driving Under The Influence As A Fourth Offense?

Tue, 29 May 2007 21:19:00 GMT

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 revoke the defendant's driving privileges for such period of time as may be determined by the court, but for not less than two years from the date sentence is imposed or two years from the date of discharge from incarceration, whichever is later. If the person is convicted of driving without a license during that period, they shall be sentenced to the county jail for not less than twenty days, which sentence may not be suspended.

What Is The Penalty For Driving Under The Influence As A Second Offense?

Tue, 29 May 2007 21:19:00 GMT

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, upon the successful completion of a courtapproved alcohol treatment program, the court may permit the person to drive for the purpose of employment and may restrict the privilege by the imposition of such conditions as the court sees fit. If such person is convicted of driving without a license during that period, the person shall be sentenced to the county jail for not less than three days, which sentence may not be suspended.

What Is The Penalty For Driving Under The Influence As A Third Offense?

Tue, 29 May 2007 21:19:00 GMT

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 court, but for not less than one year from the date sentence is imposed or one year from the date of discharge from incarceration, whichever is later. If the person is convicted of driving without a license during that period, they shall be sentenced to the county jail for not less than ten days, which sentence may not be suspended.

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

Accidents involving death, personal injury, or damage to any one person's property exceeding $500 or total property damage exceeding $1,000 per accident, must be reported immediately to the local authorities.

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding No
Parking No
Equipment No
DWI Yes