First Offense DWI in South Dakota

Under South Dakota Codified Laws, a DUI is a serious traffic offense in which a person operates a vehicle while under the influence of alcohol or other intoxicating substances. DUI offenders may face severe penalties even if they have no previous convictions for the offense. The penalties may include fines, jail terms, and revocation of driving privileges. The state courts may also order offenders to attend diversion programs like community service and rehabilitation programs.

Besides statutory consequences, offenders may face long-term financial or life issues due to the DUI charges. For instance, insurance companies charge higher premiums if you have a DUI conviction on your record.

Note: South Dakota DUI laws impose severe penalties due to the massive effects of DUIs on lives and property. The penalties serve as deterrence and subsequently reduce DUI incidents.

What Qualifies as a First DWI in South Dakota?

Per South Dakota Codified Laws, it is a first-time DUI offense if it meets the following criteria:

• The offender has no prior conviction for the DUI-related charges.
• The offender was operating or in physical control of a vehicle while having a blood-alcohol concentration of 0.08 or more in their blood.
• The offender is suspected to be under the influence of marijuana or other controlled substances.
• The offender is suspected to be under the influence of both alcohol and controlled substances.

The blood alcohol concentration is the percentage of alcohol in the blood. The percentage may vary depending on the offender's age and vehicle type. For instance, the BAC limit is 0.04 or more for commercial drivers. However, underage drivers have a BAC limit below 0.02.

Arresting officers measure intoxication level through chemical and physical sobriety tests. The chemical tests may include breathalyzers, urine, or blood tests. In contrast, field sobriety tests include the walk-and-turn test, in which the driver is required to walk in a straight line and turn.

Possible Penalties for a First Offense DWI in South Dakota

In South Dakota, a first-time DUI offense is a Class A misdemeanor. Offenders may have their driver's license revoked for a maximum of one year. In addition, offenders must attend evaluation programs if the BAC count was 0.17 or more.

Do You Lose Your License for a First DWI in South Dakota?

In South Dakota, first-time DUI offenders could lose their license for one to 12 months. The court is responsible for determining the length of suspension. During suspension, the court may issue a restricted driving license that allows offenders to drive to specific locations like schools, rehabilitation programs, and work.

What Is the Implied Consent Law in South Dakota, and How Does It Affect First DWI Cases?

Per South Dakota's Codified Laws, persons who operate vehicles in the state have already consented to a chemical test if suspected of driving under the influence. Arresting officers may recommend a chemical test after arresting a DUI suspect.

Persons who refuse the test may face the same charges and penalties as those convicted of DUI offenses. For example, officers may suspend a 120-day driver's license if a suspect refuses to take the test. Suspects must request a hearing within the timeframe or else lose their license for a year. The Secretary of State may review the case and issue a one-year suspension if the arresting officer had probable cause and followed standard procedures. Next, the Secretary of State may determine if the offender is eligible for a restricted driver's license.

Note: Under the state laws, you have the right to refuse a chemical test for DUI-related charges. However, if the court finds you guilty, this doesn't exempt you from the consequences.

Is an Ignition Interlock Device Required for a First DWI Offense in South Dakota?

Under South Dakota laws, first-time DUI offenders are not required to install IIDs. The judge decides whether the device is necessary. For instance, the judge may order IID installation if the offender's BAC is above 0.17 or the incident led to the loss of lives or property.

Offenders required to install IIDs must bear the cost of installing and maintaining them. Furthermore, they must keep the device for the duration of the suspension.

Note: An ignition interlock device (IID) is a small gadget that is connected to a vehicle's ignition. It requires drivers to provide a breath sample every time they want to drive. The device may not start if the driver's BAC is above the specified limit.

Can a First DWI Be Dismissed or Reduced in South Dakota?

Yes, first-time DUI offenders may get their charges dismissed or reduced in South Dakota. State law requires prosecutors to state the reasons for dismissal or reduction in writing. Furthermore, the attorney must submit the document to the clerk of courts.

Long-Term Consequences of a First DWI

First-time DUI convictions have a ten-year lifespan on criminal or driving records. During this timeframe, offenders may face limited job opportunities in industries that require employees to have valid driver's licenses. Offenders may also experience a financial burden due to higher insurance premiums, legal fees, and IID-related costs.

Do You Need a DWI Attorney in South Dakota?

Yes, hiring a DUI attorney may save you from facing huge penalties and consequences. For instance, a DUI attorney may gather evidence and convince the courts to either dismiss or reduce the charges. They also help navigate South Dakota's legal system.