South Dakota DUI laws state that any driver over the age of 21 cannot have a blood alcohol level of 0.08% or higher. It’s 0.04% for commercial drivers.

Written by Bonnie Stinson

Reviewed by Kathleen Flear

Updated on Dec 5, 2022

Table of Contents

What is a DUI?
DUI in South Dakota
Penalties for DUI in South Dakota
Does a DUI impact car insurance in South Dakota?
Other effects of a DUI
How to find cheap insurance after a DUI

Load full table of contents

South Dakota DUI laws say that anyone with a blood or breath alcohol concentration (BAC) of 0.08% or above can be charged with a DUI. Drivers who are operating a commercial vehicle may not exceed a BAC of 0.04%. Drivers younger than 21 may not exceed 0.02% BAC.

Each year, over 10,000 people in the US are killed on the road as a result of drunk driving crashes.

Not only is it dangerous, but it’s also a crime to drive while under the influence of intoxicants like alcohol and drugs (even legal drugs). Penalties vary by state, but even a first-time offense could cost a driver up to $10,000 in legal fees and fines. Plus, a DUI can trigger a huge increase in your

South Dakota car insurance costs

rates.

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What is a DUI?

DUI is an acronym that stands for driving under the influence. Some states use different terms to mean the same thing, like DWI (driving while intoxicated), OUI (operating under the influence), or OWI (operating while intoxicated).

You can be charged with a DUI for driving under the influence of alcohol or drugs. This includes legal drugs like prescription medicines, over-the-counter drugs, and marijuana.

In South Dakota, you can be charged for a DUI even without excessive intoxication if your BAC is too high.

MORE:

DUI vs. DWI

DUI in South Dakota

In South Dakota, it is illegal to operate a vehicle with a blood alcohol level of:

0.08% or higher

0.04% if you’re driving a commercial vehicle

0.02% if you’re under 21 years old

Any amount of marijuana for drivers under 21 years old

Note that underage DUI penalties in South Dakota tend to be more rehabilitative than punitive.

Key Takeaway People under the age of 21 may not carry alcohol inside a vehicle unless a parent is present and the container is unopened, full, and sealed.

Every state in the country has an implied consent law. This law says that you consent to be tested if an officer suspects you of driving under the influence of alcohol or drugs. It is an offense to refuse to submit—your license will be revoked for one year if you refuse.

If you are lawfully arrested for a DUI, you are required to submit to a urine, blood, or breath test. You do not have the right to consult with a lawyer before you take the test.

MORE:

Tips to get a clean driving record

Penalties for DUI in South Dakota

South Dakota DUI penalties are harsh and the conviction will remain on your driving record for ten years.

You might harbor hope that your DUI charge will get thrown out. However, this is unlikely as South Dakota statutes prohibit dismissal or reduction of a DUI without good cause.

First conviction

DUI penalties in South Dakota are based upon the number of offenses within the last ten years. The judge has a lot of discretion when it comes to doling out jail time, fines, license suspension, and mandatory substance abuse treatment.

A first DUI conviction in South Dakota could result in these penalties:

Penalty	Description
Fine	$1,000 to $2,000
Jail	Up to one year
License suspension	30 days to one year
Ignition interlock device	No
Vehicle impoundment	No
SR-22 requirement	Yes

If your BAC was found to be 0.17% or higher, you will be required to be assessed for alcohol and drug dependence. You can also be compelled to complete a chemical dependency program.

Subsequent convictions

If you are convicted of a DUI more than once in a ten-year period, you will be subject to increased penalties. These could include serious fines (up to $4,000), up to two years in prison, a lengthy license revocation, and even forfeiture of your vehicle.

A second DUI is considered a misdemeanor but a third DUI is a felony.

Penalty	Description
Fine	$2,000 to $4,000
Jail	One to two years
License suspension	Minimum one year
Ignition interlock device	Possible
Vehicle impoundment	No
SR-22 requirement	Yes

An ignition interlock device (IID) is not mandated by the state of South Dakota, but a judge may require you to install one if they deem it necessary. An IID can prevent your vehicle from starting if it detects any alcohol on your breath.

After the suspension period, it may be possible for you to obtain a restricted license that permits you to drive when necessary (i.e., to work) if you agree to:

Complete the prescribed DUI program

Only drive vehicles that have an ignition interlock device

Pay the reissue and restriction fees to the state

Follow other requirements set out by the court

Key Takeaway Minimum penalties are usually increased if you had a very high blood alcohol concentration or if you were involved in an accident where someone was injured—even for a first conviction.

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Does a DUI impact car insurance in South Dakota?

Yes, a DUI classifies you as a

high-risk driver

. Insurance companies usually charge higher premiums to people who have DUI convictions on their records.

Are you struggling to find car insurance with a DUI on record? A good strategy is to shop around with multiple providers. The

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With a DUI on your record, expect substantially higher rates than your previous payment. North Dakota drivers with a DUI must also find an insurance company to file an

SR-22

on their behalf. This policy confirms that a driver has the

minimum car insurance required in the state

MORE:

How to fill out and file an SR-22

Other effects of a DUI

On top of increased insurance rates and financial penalties, you could also face the following consequences as a result of a DUI conviction:

License revocation: Your license can be revoked temporarily if you refused a test or were charged with another serious offense.

Ignition interlock device: Every state has a version of the ignition interlock program. Drivers with a DUI conviction may need to install this device in their vehicle, which can disable an engine if any alcohol is detected on the driver’s breath.

Background checks: A DUI will show up on your background check. This means that if an employer pulls a check on you, they could refuse you employment because of your DUI.

How to find cheap insurance after a DUI

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