As per the state laws, there are certain South Dakota drunk driving penalties that you may have to face when you get convicted under dui charges. All drivers who are operating vehicle in the state of South Dakota must also abide by the implied consent law, as per which, you cannot refuse to take the field sobriety test when asked by the traffic officer at the time of dui stop. If you refuse, you will attract additional mandatory penalties that generally include immediate suspension of your driving license for twelve months. Refusal to take the test is treated as a separate case and attracts another court hearing for it.
First Dui Conviction In South Dakota
You will face the following South Dakota drunk driving penalties when you get convicted for the first time.
- It will be mandatory for you to obtain an SR22 insurance, which actually works as a proof of financial responsibility
- License gets suspended for a maximum period of twelve months; minimum thirty days of license suspension is mandatory
- However, you may be offered an option to apply for a restricted license.
- You will have to pay a monetary fine of $1000
- Though not mandatory, it is very much likely that you will also have to spend some time in jail; the jail imprisonment can be anywhere from just a couple of days to as long as twelve months.
Second Dui Conviction In South Dakota
The second conviction results in the following South Dakota drunk driving penalties.
- You will have to obtain SR22 insurance coverage
- Besides that, you will also have to complete a specific (as per court order) chemical dependency program
- License will be suspended for at least six months and for a maximum period of twelve months
- The amount of monetary fine remains the same (as in the first conviction) – $1000
- Jail term is still not mandatory, but there is a possibility that you may be sent to jail for a period of up to one year.
Third Dui Conviction In South Dakota
The third-time conviction attracts the following South Dakota drunk driving penalties.
- Completing a Chemical Dependency Program is mandatory
- SR22 insurance coverage will again be required in order to get your license back after the suspension period is over or in case you qualify for a restricted license.
- The driving license for a third time conviction is suspended for a period of twelve months
- You will be paying $2000 as monetary fine
- Again not mandatory but there is still a provision of up to two years of jail imprisonment
- A third time arrest under dui charges is treated as a class 6 felony offence
For more detailed information on what kind of South Dakota drunk driving penalties exactly apply and do not apply in your specific case, you should consult with an experienced South Dakota dui attorney.