It is possible to be arrested and get a conviction when you hit the South Dakota road while intoxicated with alcohol in your body. Interestingly, DUI for the state of South Dakota defines “vehicle” as referring to not only cars and automobiles, but also covers those driving under the influence even with their bicycles and horses. The same rate of charges and penalties apply for all those arrested for the offense whichever vehicle type you are using.
Just like any other state in the US, you can be charged for DUI in South Dakota in one of two ways. First, you can be arrested from your mere appearance on the scene of the incident. The officer’s judgment will call that you have been driving while impaired with alcohol, and therefore gives you the ground to be arrested. Second, the result test on your blood alcohol content (BAC) alone can get you convicted. According to the state per se laws, it is illegal to drive a vehicle with your BAC at .08% or higher, thus a charge for DUI will be filed against you.
DUI Arrests in South Dakota
South Dakota DUI law does include an implied consent statute. This means that anyone who takes the roads of South Dakota has impliedly consented to a test of his blood, breath or urine in order to determine the content of alcohol if he is arrested for DUI. If the driver happens to refuse to submit to such testing, implied consent laws carry stricter penalties and this information can be used against you in the courts.
Unlike most states, the DUI arrest in South Dakota will end you up facing only with one case, and that is with the criminal courts. The Department of Motor Vehicle will only be supplementing the court to determine your license suspension. You will need an experienced South Dakota lawyer to ease you up with the complexities of DUI laws of the state and help you get away with the least number of consequences on your conviction.
Basic Consequences for First Time Offenders
DUI fines and penalties in South Dakota depend on the driver’s BAC at the time of his arrest. Expect to face the following consequences on your first time DUI conviction:
The state of South Dakota has a ten-year “washout” or “look-back” period for DUI cases. This means that if the prior DUI offense occurred within ten years from the current arrest, your current arrest will be considered a subsequent offense for you. Subsequent DUI offenses carry stricter charges.
License Suspensions for South Dakota DUI
Apart from the jail time and fines you have to adhere with your DUI conviction, you will also lose your right to drive, as determined by the DMV. License suspension times are as follows:
Moreover, if you refuse to submit to a BAC testing, the implied consent laws carry a mandatory suspension of your driver’s license, usually from six months to a year. However, you can apply for a work license after you have served a portion of your suspension. But this license only allow you up to attending your work or the court-ordered education classes.
Insurance Consequences
The DUI conviction can mark a spot on your records. With insurance a complete necessity in getting your license back, it will not be an easy thing for you to do particularly having convicted of DUI. Your insurance company may drop from covering you. Shopping for a new insurance coverage will not also be helpful for you. If ever you get lucky to still be admitted for an insurance coverage, ultimately, you will be charged with a higher premium following your DUI conviction.