It is provided by statute in South Dakota that any person who drives, or is in actual physical control, of a motor vehicle while under the influence of alcohol, is guilty of a crime. Drunk drivers kill and injure thousands every year. Loss of a driver's license, substantial attorney fees, increased auto liability insurance costs, and time in the county jail or state penitentiary are some of the consequences of driving drunk. Other's include loss of employment and even loss of family. IF YOU DRINK, DON'T DRIVE.
State Law
South Dakota law prohibits driving while intoxicated. The law defines "under the influence" to include not only all well known and easily recognized conditions and degrees of intoxication,but also any abnormal mental or physical condition which is the result of indulging any degree in an alcoholic beverage and which tends to deprive the driver of that clearness of intellect and control of oneself which the driver would otherwise possess. It is also a separate crime to drive or be in control of a motor vehicle with .08 percent or more by weight alcohol in the blood. This offense is committed even if the driver is not "under the influence" as that term is defined in the preceding paragraph. It is also unlawful to drive or be in physical control of a motor vehicle while under the influence of marijuana or any controlled drug or substance to a degree which renders the driver incapable of safely driving.
Penalties
The maximum penalty for DWI in South Dakota is one year in the county jail and a $2,000 fine, or both. Additionally, one’s driver's license is revoked for a period of up to one year from conviction. Multiple DWI convictions can result in a felony conviction and time in the state Penitentiary, as described below.
Although there are standard sentences for DWI offenses, these sentence recommendations are always subject to change at the discretion of the prosecutor. Different factors that would affect standard sentences would be as follows:
If an individual is convicted of DWI three times in a 10 year period, it is a class 6 felony. The maximum penalty for a 3rd offense DWI is 2 years in the penitentiary and a $4,000 fine.
If an individual is convicted of a DWI four times in a 10 year period and one of the three prior convictions was for a felony DWI, it is a class 5 felony. The maximum penalty is 5 years in the penitentiary and a $10,000 fine, or both.
If an individual is convicted of a DWI five times in a 10 year period and one of the four prior convictions was for a felony DWI, it is a class 4 felony. The maximum penalty is 10 years in the penitentiary and a $20,000 fine, or both.
The State legislature has determined that .08% alcohol by weight in the blood is the legal limit in South Dakota.
That does not mean one can't be prosecuted for DWI with a blood test lower than .08. It is only the level at which a jury can presume that someone is under the influence of alcohol. For questions regarding the DWI laws in South Dakota, please refer to the South Dakota Codified Laws, Chapter 32-23.
| Jail: | 30-45 days jail suspended (additional suspended days or even actual jail may be imposed if “aggravating factors” are present) |
| Fine: |
$450 |
| Costs: | Court costs, plus blood test cost of $85 (alcohol) and/or $145 (drugs) (blood test cost is up to $165 (alcohol) and/or $225 (drugs) with search warrant) |
| Driver's License: | Revoked for a minimum of 30 days. (1) Work Permit only if the defendant has a valid DL and insurance at the time of sentencing. (2) If the BAC results are 0.17 or higher, the defendant must participate in the 24/7 program during the period of revocation in order to obtain a work permit. |
| Alcohol Evaluation: | If the BAC result is 0.17 or higher, the defendant must obtain a chemical dependency evaluation pursuant to statute. |
| Conditions: |
1 year |
| Inside Probationary Period (2 years) | |||
| With Treatment: |
|||
| Jail: | 180 days in jail with 160 suspended (can be jail, work release or EM) | ||
| Fine: | $750 ($500 can be credited for treatment costs) | ||
| Costs: | Court costs, plus blood test cost of $85 (alcohol) and/or $145 (drugs) (blood test cost is up to $165 (alcohol) and/or $225 (drugs) with search warrant) | ||
| DL: | Revoked for 1 year (WP only if defendant completes treatment, has valid DL and proof of insurance, and participates in the 24/7 program as required by statute) | ||
| 24/7: | 6 months (even if no WP being requested) | ||
| Conditions: | 1 year | ||
| Without Treatment: |
|||
| Jail: | 180 days in jail with 100 days suspended (can be jail, work release or EM) | ||
| Fine: | $750 | ||
| Costs: | Court costs, plus blood test cost of $85 (alcohol) and/or $145 (drugs) (blood test cost is up to $165 (alcohol) and/or $225 (drugs) with search warrant) | ||
| DL: | Revoked for 1 year (No WP) | ||
| 24/7: | 6 months | ||
| Conditions: | 1 year | ||
| Outside Probationary Period (Outside 2 years inside 7 years) | |||
| With Treatment: |
|||
| Jail: |
180 days in jail with 170 suspended (can be jail, work release or EM) | ||
| Fine: | $750 ($500 can be credited for treatment costs) | ||
| Costs: | Court costs, plus blood test cost of $85 (alcohol) and/or $145 (drugs) (blood test cost is up to $165 (alcohol) and/or $225 (drugs) with search warrant) | ||
| DL: | Revoked for 1 year (WP only if defendant completes treatment, has valid DL and proof of insurance, and participates in the 24/7 program as required by statute) | ||
| 24/7: | 3 months (even if no WP being requested) | ||
| Conditions: | 1 year | ||
| Without Treatment: |
|||
| Jail: | 180 days in jail with 140 suspended (can be jail, work release or EM) | ||
| Fine: | $750 | ||
| Costs: | Court costs, plus blood test cost of $85 (alcohol) and/or $145 (drugs) (blood test cost is up to $165 (alcohol) and/or $225 (drugs) with search warrant) | ||
| DL: | Revoked for 1 year (No WP) | ||
| 24/7: | 3 months | ||
| Conditions: | 1 year | ||
| Outside Probationary Period (Outside 7 years) | |||
| With Treatment: |
|||
| Jail: |
180 days in jail with 180 suspended | ||
| Fine: | $750 ($500 can be credited for treatment costs) | ||
| Costs: | Court costs, plus blood test cost of $85 (alcohol) and/or $145 (drugs) (blood test cost is up to $165 (alcohol) and/or $225 (drugs) with search warrant) | ||
| DL: | Revoked for 1 year (WP only if defendant completes treatment, has valid DL and proof of insurance) | ||
| Conditions: | 1 year | ||
| Without Treatment: |
|||
| Jail: | 180 days in jail with 170 suspended (can be jail, work release or EM) | ||
| Fine: | $750 | ||
| Costs: | Court costs, plus blood test cost of $85 (alcohol) and/or $145 (drugs) (blood test cost is up to $165 (alcohol) and/or $225 (drugs) with search warrant) | ||
| DL: | Revoked for 1 year (No WP). | ||
| Conditions: | 1 year | ||
NOTE:
Pursuant to SDCL 32-23-23, any WORK PERMIT (“WP”) issued to a defendant convicted of a DWI-1st with a BAC of 0.17 or more and any DWI-2nd is conditioned on the defendant’s participation in the 24/7 sobriety program, where it is available. SCRAM can be substituted for 24/7 upon approval by the Court.
Terms of confinement to be determined by the Minnehaha County Jail.
