South Dakota DUI/DWI Laws: Penalties, Court Process, and Records

Driving under the influence (DUI) is a serious crime in South Dakota that has significant consequences for the driver and other people on the road. There are strict alcohol and drug-impaired driving laws that prescribe penalties for first-time offenders, repeat offenders, and felony charges for multiple convictions. Although the state adopts DUI as the official term, some individuals still call it DWI (driving while intoxicated).

What Is a DUI in South Dakota?

Section 32-23-1of the South Dakota Codified Laws defines DUI as operating a vehicle while under the influence of alcohol, a drug, or an intoxicant. The law states that no individual may drive or control a vehicle while:

• There is 0.08 percent or more by weight of alcohol in their blood (BAC)
• Under the influence of an alcoholic beverage, marijuana, or any controlled drug or substance that is not obtained from a valid prescription
• Under the influence of any controlled drug or substance, even if obtained from a valid prescription, renders the individual incapable of safely driving.
• Under the influence of any controlled substance ingested, inhaled, or taken into the body as prohibited by thelaw.

The state has zero tolerance for anyone under 21 years caught driving a vehicle with 0.02 percent of alcohol in the blood. Such individuals may also be arrested for DUI when they have consumed marijuana, drugs, or controlled substances.

DUI Penalties in South Dakota

South Dakota enforces a 10-year look-back period for repeat DUI convictions. Penalties escalate significantly with each offense.

• First DUI Offense:
  • Jail up to one year
  • Fine up to $2,000
  • Suspension of driving license for at least 30 days to 1 year
  • Participation in a compulsory alcohol evaluation program
• Second DUI Offense:
  • Jail up to 1 year
  • Fine up to $2,000
  • License revocation for 1 year
  • Mandatory IID after reinstatement
• Third DUI Offense:
  • Class 6 felony
  • Up to two years in prison
  • Fine up to $4,000
  • License revocation for one year
• Fourth DUI Offense:
  • Class 5 felony
  • Up to 5 years in prison
  • Fine up to $10,000
  • Long-term license revocation
• Fifth DUI or Subsequent Offense:
  • Class 4 felony
  • Up to 10 years in a state prison
  • Payment of a fine as high as $20,000
  • Loss of driving license for three years

DUI cases that involve serious injury or death may attract additional felony penalties, including prison terms of up to 15 years.

DUI Arrest and Court Process in South Dakota

Every South Dakota DUI case involves both administrative penalties and criminal prosecution of the offenders. These processes are listed below:

• Traffic Stop and Arrest – Police officers haveautomatic consentto test drivers for sobriety and chemical tests to confirm the level of their impairment.Failureto submit to a urine, breath, or blood test may result in automatic license revocation.
• Booking and Charges – The accused is fingerprinted, booked, and charged with DUI at the local station.
• Administrative License Revocation – TheSouth Dakota Department of Public Safety(DPS) imposes suspensions on the driver's license.
• Arraignment – Here, charges are formally read to the defendant, who then enters a plea.
• Pre-Trial Hearings – Defense attorneys may challenge test results or officer conduct, as well as check the evidence presented against the defendant.
• Trial – If no plea bargain is reached, the case proceeds to trial.
• Sentencing – Individuals convicted of DUIs may receive jail time, fines, license suspension, an IID, and a mandatory treatment program.

Some jurisdictions in South Dakota operate DUI courts, focusing ontreatment, a24/7 sobriety program, and rehabilitation for repeat offenders.

How to Search for DUI Records in South Dakota

In South Dakota, DUI records are examples of public records that often contain information including BAC levels, case type, sentencing details, and license restrictions. Interested individuals may access the records through multiple agencies, including:

• Public Access Record Search: The South Dakota Unified Judicial System offers aPublic Access Record Searchtool for court records, including DUI cases by name or case number.
• SouthDakotaDepartmentofPublicSafety: They compile and maintain driver histories in the state. Individuals interested in a driver’s DUI convictions may contact the agency to request the records.
• CountyClerkofCourtOffices: Individuals may contact aclerk of court’s officeto request certified court records, including DUI case files.
• South Dakota Division of Criminal Investigation (DCI): The Attorney General’s Office operates aDCIthat offers statewide criminal history reports to law enforcement officers and other entities.
• Third-PartyBackgroundCheckServices: There are vast networks of background check providers supporting the public with DUI data. They deliver results quickly but may lack accuracy compared to official sources.

How Long Does a DUI Stay on Your Record in South Dakota?

The penalties for DUI convictions in South Dakota are harsh, as they include long-term retention, depending on the type of records:

• Criminal Record: A DUI conviction in South Dakota may be expunged once the individual meets certain criteria. It includes the completion of court orders, such as fines, probation, and community service. Also, the defendant must wait for at least five years after completing the terms of their sentence before applying for expungement. However, offenders may not expunge felony DUI convictions.
• Driving Record: In South Dakota, a DUI conviction may remain on an individual’s driving record for a minimum of 10 years.
• Insurance and Employment: The presence of DUI convictions on an individual’s record will lead to an increase in insurance premiums. The convictions may lead to the offender finding it hard to secure housing, employment, or obtain their driving license.

In South Dakota, DUI is a serious crime with grave penalties, with consequences from fines and jail time to lengthy prison sentences. The state recognizes DUI as its official term, applying to both alcohol and drug-related impairment. Records are publicly accessible through the state’s judicial system, online portals, DCI, and DPS. Every resident of the state must understand that South Dakota’s DUI framework is crucial, given its severe and long-lasting consequences.