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South Dakota DUI Laws

South Dakota DUI Defense

What you're facing, what the deadlines are, and the questions your attorney needs to answer, specific to South Dakota (SD) law.

BAC Limit

0.08

Enhanced BAC

0.17

Higher penalties above this

Lookback Period

10 years

Prior offenses count within

First Offense Penalties in South Dakota

Jail TimeUp to 1 year
FinesUp to $2,000
License Suspension30-day license revocation + 180-day restricted
Ignition InterlockMay be ordered by the court

Implied Consent & Test Refusal

Like all 50 states, South Dakota has an implied consent law, by driving on South Dakotaroads, you've already agreed to submit to a chemical test (breath, blood, or urine) if an officer has probable cause to believe you're impaired.

Refusal Penalty

1-year license revocation

South Dakota-Specific Detail

South Dakota's 24/7 Sobriety Program, which requires twice-daily alcohol testing, has been studied as a national model for reducing repeat DUI offenses.

Is your South Dakota DUI defense on track?

The Masked Researcher’s First Read checks 10 critical defense behaviors specific to DUI cases. Takes 2 minutes. Instant results.

Take the Free Defense Score

DUI Defense Playbook$127

26 questions that change how your next attorney meeting goes, a case stage roadmap, red flag checklist, and a case progress scorecard. Instant PDF download — calibrated for South Dakota DUI defendants.

Other South Dakota defense topics

Facing a different charge in South Dakota? Penalty ranges, enhancements, and defense questions for related crimes:

Important: This page provides general legal information about South Dakota DUI laws as of the date of publication. Laws change frequently. This is not legal advice. For guidance specific to your case, speaking with a South Dakota-licensed attorney is one option, or take the free Masked Researcher’s First Read to see where your case stands.