Second Offense DWI in South Dakota

South Dakota refers to impaired driving as "Operating While Intoxicated", or OWI. This term covers driving or being in actual physical control of a vehicle while impaired by alcohol or drugs or having a blood alcohol concentration of 0.08% or higher. Some counties also refer to these offenses as DWI or DUI.

A second DWI occurs when a person is convicted of DWI a second time within ten years of their first conviction. Any prior DWI conviction within that ten-year window counts toward a second offense, whereas convictions older than 10 no longer apply. A second DWI in South Dakota carries far harsher consequences than a first offense. Those heightened penalties exist to punish repeat offenders and deter them from driving while intoxicated again.

Is a 2nd DWI a Felony in South Dakota?

No. Under South Dakota Codified Laws § 32-23-3, a second Operating While Intoxicated offense is a Class 1 misdemeanor, and it becomes a felony only if the impaired driving causes serious bodily injury—charged as vehicular battery under South Dakota Codified Laws § 22-18-36, causes death—charged as vehicular homicide under South Dakota Codified Laws § 22-16-41, or if the driver leaves the scene after causing injury or death—hit-and-run under South Dakota Codified Laws § 32-34-5. A high Blood Alcohol Concentration or property damage alone does not elevate a second Operating While Intoxicated to a felony.

What is the Lookback Period for a Second DWI in South Dakota?

South Dakota's "washout" period is ten years. Any prior Operating While Intoxicated conviction within the last ten years counts as a second offense, triggering the enhanced penalties under SDCL § 32-23-3. If more than ten years have passed since the earlier conviction, that offense is "washed out" and the new OWI is treated as a first offense with only first-offense penalties.

What are Aggravating Factors in a Second DWI?

A blood-alcohol concentration of 0.15 percent or higher, having a passenger under eighteen years old in the vehicle, causing or contributing to any crash or reckless-driving incident, and refusing to submit to chemical testing each serve as aggravating factors in a second OWI. When one or more of these factors is present, the court will impose harsher penalties—such as additional mandatory jail time instead of a suspended sentence, increased fines, longer ignition-interlock requirements, and more extensive treatment—beyond the standard second-offense sanctions.

What Happens If You Get a 2nd DWI in South Dakota

When someone is convicted of a second Operating While Intoxicated offense within ten years, they face up to one year in county jail (with a mandatory minimum of ten days), a fine of up to $2,000, and a driver's license revocation for at least one year. The offender must also undergo an alcohol evaluation, complete any recommended treatment, and participate in the 24/7 Sobriety Program; once driving privileges are reinstated, installation and use of an ignition interlock device are required.

How Long Does a Second DWI Stay On Your Record in South Dakota?

South Dakota law does not allow a second Operating While Intoxicated conviction to be removed or sealed. Expungement statutes (SDCL § 23A-3-26 through 23A-3-33) specifically exclude DUI/OWI convictions, so a second OWI remains on a criminal record permanently unless a rare gubernatorial pardon is granted.

How Much Does a Second DWI Cost in South Dakota

A second Operating While Intoxicated carries a fine of up to $2,000, with typical sentences around $650–$750 but rising toward the $2,000 maximum when aggravating factors apply. Court costs—including surcharges, filing fees, and substance-testing fees—usually add several hundred dollars to the fine. Reinstating a driver's license costs about $50–$200. The required ignition interlock device typically costs $70–$150 to install and $60–$90 per month to lease. Altogether, a second OWI in South Dakota usually totals $1,500–$3,000, and can exceed that range if judges impose maximum fines or add extra testing and program fees.

Chances of Going to Jail for a Second DWI in South Dakota

No mandatory minimum jail term exists for a second Operating While Intoxicated; judges may impose anywhere from zero to 365 days in county jail under SDCL § 32-23-3. Because any prior OWI within ten years guarantees second-offense status, courts seldom grant full suspension; most defendants serve some time—often between zero and 40 days—unless aggravating factors call for more. When a blood-alcohol level reaches 0.15 percent or higher, a crash occurs, a minor is in the vehicle, or the driver refuses testing, judges typically impose at least 30–45 days behind bars and may approach the full 365-day maximum.

Driver's License Suspension for a Second OWI in South Dakota

A second Operating While Intoxicated conviction carries a mandatory one-year revocation of driving privileges under SDCL § 32-23-3. No restricted or hardship license is available during that year if the prior OWI was within 24 months of the second. If the first OWI occurred more than 24 months earlier, the driver may petition for a restricted license under SDCL § 32-12-49.4 after meeting all court-ordered conditions. Once those requirements are satisfied and the one-year revocation period ends, limited driving privileges for work, school, medical appointments, and court-ordered programs may be granted.

Ignition Interlock Device Requirement

Once driving privileges are reinstated after a second OWI, an ignition interlock device must be installed. The device stays on the vehicle for at least one year, preventing the engine from starting unless the driver passes a breath test. The offender pays all costs, including installation (around $70–$150) and monthly lease fees (about $60–$90).

DUI School and Substance Abuse Treatment

Attendance at an alcohol-education ("DUI") school is typically mandatory after a second OWI. Such programs usually involve 20–40 hours of classroom instruction on the effects of alcohol, legal consequences, and safe-driving strategies. A full chemical dependency evaluation is also required; any recommended treatment—ranging from outpatient counseling to inpatient programs—must be completed before eligibility for reinstatement.

Probation Conditions

Probation following a second OWI usually lasts at least one year. Standard conditions include regular check-ins with a probation officer, random or scheduled alcohol testing (often via the 24/7 Sobriety Program), strict abstinence from alcohol and drugs, travel restrictions (no leaving the jurisdiction without prior approval), and compliance with all court-ordered programs (e.g., treatment or community service).

Community Service Requirements

No statute fixes a minimum for community service after a second OWI in South Dakota, so judges usually require between ten and thirty hours. Offenders often work with nonprofits—such as food banks, domestic-violence shelters, or animal rescue groups—providing a way to give back to the community.

Highway cleanup also ranks among common assignments, requiring participants to pick up litter and maintain safety along state or county roads. In addition, some judges order service with public-safety or victim-advocacy programs, asking the offender to assist at DUI awareness events, participate in sober-driving campaigns, or help staff information booths at community fairs. Although the precise number of hours and type of work vary by county and by the judge's assessment of factors (such as the offender's job schedule, level of intoxication at arrest, and any prior record), the goal remains the same: to hold the offender accountable, encourage a sense of civic responsibility, and reinforce the public-safety message behind OWI laws.

Impact on Auto Insurance

Having a second OWI almost certainly makes the driver a high-risk insured. Insurance companies usually cancel or refuse to renew policies and then require an SR-22 filing; premiums can more than double, often averaging over $6,000 per year. Many insurers will only offer coverage at substantially higher rates, and the SR-22 requirement generally remains in effect for three years after conviction.

Which Courts Handle DWI Cases in South Dakota?

Magistrate and municipal courts handle misdemeanor OWI cases, while circuit courts take jurisdiction over felony-level or appealed OWI matters. Below are details for five key courts:

Minnehaha County Magistrate Court (Sioux Falls)
425 North Dakota Avenue
Sioux Falls, SD 57104
Phone: (605) 367-5900

Lincoln County Magistrate Court (Canton)
104 North Main Street
Canton, SD 57013
Phone: (605) 987-5891

Pennington County Magistrate Court (Rapid City)
315 Saint Joseph Street
Suite 5
Rapid City, SD 57709
Phone: (605) 394-2570

Brown County Clerk of Courts (Aberdeen)
101 Southeast 1st Avenue
Aberdeen, SD 57402-1087
Phone: (605) 626-2451

Brookings County Clerk of Courts (Brookings)
314 6th Avenue
Suite 6
Brookings, SD 57006
Phone: (605) 688-4200

Beyond the courts, the South Dakota Department of Public Safety's Driver Licensing Program (often referred to as the DMV) administers all license suspensions, revocations, and related administrative hearings that follow an OWI conviction. Once a court convicts someone of OWI, the DMV issues the formal suspension notice. If the driver requests a hearing to challenge that suspension or to pursue a hardship (restricted) license, it is conducted through this office. The DMV also processes SR-22 insurance filings, verifies completion of ignition interlock requirements, and handles reinstatement once all conditions—such as payment of reinstatement fees, proof of insurance, and fulfillment of any treatment or interlock mandates—are met. For license hearings or appeals, individuals can contact the DLP in the address below:

South Dakota Department of Public Safety
Driver Licensing Program
118 West Capitol Avenue
Pierre, SD 57501
Phone: (605) 773-6883

Can You Get a DWI on a Horse in South Dakota?

No. South Dakota law defines "Operating While Intoxicated" as applying only to vehicles, and SDCL § 32-23-13 explicitly excludes anyone "riding" an animal from OWI statutes. In other words, being intoxicated while riding a horse cannot be charged as an OWI offense. Any misconduct while mounted would fall under different laws (e.g., disorderly conduct or cruelty to animals) but not OWI.