South Dakota has some very strict laws and regulations regarding driving under the influence of drugs or alcohol. When you choose to get behind the wheel after you have enjoyed a fun time of drinking or taking drugs, you may get pulled over and this will set into motion some legal repercussions that you will not enjoy. A blood alcohol concentration (BAC) of .08 or above will result in a DUI charge and if you are a driver under the age of 21 or a commercial driver, your limits will be even lower.
First DUI Offense
A first DUI offense in the State of South Dakota will mean that you will have your license suspended for a period of at least thirty days and you will have to get SR22 insurance coverage to get your license reinstated after your sentence is served. This means that you will have to get rides to work and to anywhere else you go or depend upon public transportation. As far as jail time, you will be looking at up to 1 year in jail, depending upon the aggravating factors of your arrest, but there is not a minimum jail sentence for a first DUI offense in South Dakota. Fines will be in the neighborhood of $1000, but this amount does not include any costs associated with fulfilling your sentence, your lawyer fees or any court costs that you are found responsible for.
Second DUI Offense
A second DUI offense within the lookback period of ten years will result in license suspension of 180 days to 1 year, which will be decided by the court after looking at all of the different factors of your arrest and charges. A restricted license is possible, if you meet the requirements that are laid out by the court and get SR22 insurance coverage, which will be expensive to get, but is a price you pay for choosing to drive while under the influence. Additionally, you can serve up to 1 year in jail and will face a fine of around $1000, but this will not include other costs that are associated with your sentencing or court costs. A chemical dependency program completion will be necessary, as will installation of an ignition interlock device on your vehicle. This cost will be additional to the fines and fees that are laid out by the courts. Possible seizure of your vehicle may be part of your sentence, too.
Third DUI Offense
A third DUI conviction within ten years will be a felony offense, which can affect getting a job and other parts of your life permanently. Your license will be suspended for a period of one year and you will not be able to have it reinstated until you get SR22 insurance coverage. Jail time of up to 2 years is possible and you will have to pay a fine of $2000 to $4000 and complete a chemical dependency program. A third DUI conviction will put a severe damper on your life for many years, as well as cause you to have to spend money that you may not have. The best thing to do is to not drink while under the influence of drugs or alcohol.
When you choose to get behind the wheel of your car after drinking or taking drugs, then you are putting yourself in the position of some severe legal repercussions. Getting a lawyer is essential to having the legal representation that you need to ensure that you get the advice and information that will help you to make it through the legal process in the best way possible.