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 South Dakota DUI / DWI law does include an implied consent statute, meaning that anyone who drives in South Dakota has impliedly consented to a test of his or her blood or breath to determine alcohol content if he or she is lawfully arrested for South Dakota DUI/DWI (or a related South Dakota drunk driving or drinking and driving offense).
South Dakota DUI law includes an expansive definition of what a "vehicle" is for purposes of South Dakota drunk driving laws. Riding a horse while under the influence of alcohol or above the legal limit can result in a South Dakota DUI arrest. Likewise, riding a bicycle while under the influence of alcohol and/or drugs can give rise to a South Dakota DUI arrest.
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South Dakota’s Motor Vehicles Division will revoke or suspend the driver’s license of those convicted of driving while under the influence of alcohol or drugs. However, unlike many states, South Dakota does NOT have a separate administrative per se action against the accused drunk driver’s license.
South Dakota DUI / DWI convictions will result in a driver’s license suspension, as well as a variety of other consequences, including jail, fines, mandatory alcohol educational programs, increased auto insurance, and more. South Dakota driving while intoxicated driver’s license consequences include suspensions of 30 days for a first offense DUI / DWI, a one-year revocation for a second offense DUI / DWI, or the greater of a one-year revocation from sentence date or release from incarceration, whichever is longer, for a third-offense drunk driving conviction. Refusal to submit to a chemical test when lawfully requested by peace officer will result in a one-year suspension.
South Dakota has a ten-year "washout" or "lookback" period for South Dakota DUI / DWI cases. This means that if a prior drunk driving offense occurred within 10 years of the current offense, the current offense will be considered a second-offense.
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South Dakota DUI / DWI cases can be brought on the basis of either a traditional impairment theory, or on the violation of South Dakota’s per se law, making it a crime to drive with a BAC of .08% or greater.
Traditional drunk driving cases relate to the condition of the driver. Impairment is generally proved by evidence of the driver's impaired driving pattern, physical appearance, performance on field sobriety tests, and chemical test results. In this instance, the chemical test results are used to show impairment, which forensically occurs at accepted alcohol levels.
 South Dakota's DUI / DWI laws are complex, and if you've been charged with a drunk driving or other drinking and driving offense in South Dakota, you should seek the services of a qualified South Dakota DUI defense lawyer right away.
South Dakota’s "per se" law makes it illegal to drive with a blood or breath alcohol level of .08% or higher. Prosecution of this type of case does not hinge on the driver being impaired; it is based solely on body chemistry. However, the critical inquiry is whether the person arrested for South Dakota DUI / DWI had an alcohol level of .08% or greater at the time they were driving, not whether they had a BAC of .08% or greater at the time of testing. BAC at the time of testing is only relevant to the extent that it allows the prosecutor (or defense) to look back and draw conclusions about what it should have been at the time they were behind the wheel. |
