South Dakota DUI Laws

South Dakota, like most states, has what is referred to as an implied consent law. When you obtain a South Dakota driver’s license, you are agreeing to submit yourself to a breath, blood, or urine test to determine if you are driving under the influence (DUI). Refusal to be tested can result in penalties which are consistent with the drunk driving laws of the state. You can be arrested even if you don’t show obvious signs of intoxication and convicted of a DUI in South Dakota without the chemical tests. The influence can be drugs, alcohol, or a combination of the two which includes inhalants. South Dakota takes DUI offenses very seriously and has hefty fines along with harsh jail sentences for drunken drivers. There is a zero tolerance policy in place for underage drinkers with the drinking age set at 21.

It is considered a crime in South Dakota to operate a vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher but you may still be convicted of a DUI for a BAC of less than .08%. In the state of South Dakota, this includes sitting in a parked car on any public access area whether it be a parking lot or a public road. Sentences are more severe for persons found to have a BAC of 0.17% or more. South Dakota leaves the license suspension period entirely in the hands of the judge. Restricted licenses are granted only in cases of extreme need such as health issues, work need or substance abuse treatment. Prescription drugs are not allowed as an excuse for impaired driving especially for the third conviction. The enhanced penalties applied to individuals with 0.17 or more will include more jail time, harsher fines, and driver’s license sanctions.

South Dakota law states that drivers under 21 may not be 0.02% or more. DUI’s will be issued to 18 year olds or younger individuals with a measurable BAC of .02%, persons over 21 with a BAC of 0.08% and commercial drivers with a BAC of 0.04% or more. South Dakota requires anyone who has had their license taken to carry an SR22 Insurance and Financial Responsibility certificate. Operating a motorized vehicle on South Dakota is your consent to be tested for a suspected DUI. Refusal to take the test is considered admission to guilt. It will be used against you in court and you will lose your driver’s license for up to one year.



The first DUI conviction will result in a possible year in jail and 30 days to one year of license suspension. Your fine will be $1,000.00 and a restricted license might be possible with SR-22 insurance.

The second DUI conviction will result in a possible year in jail and 180 days to one year of license suspension. Your fine will be $1,000.00 and a restricted license might be possible with SR-22 insurance. You will also be required to participate in an alcohol treatment program.

The third DUI conviction is considered a class 6 felony offense and will result in up to2 years in jail and one year of license suspension. Your fine will be $2,000.00 and a restricted license might be possible but it is less likely at this stage. You will be required to obtain SR-22 insurance. You will also be required to participate in an alcohol treatment program.