South Dakota DUI Consequences
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Although most people assume you must be impaired to be arrested for drunk driving, that is not the case. Police officers and lawmakers rely on a complex scientific calculation known as blood alcohol content (BAC) to determine whether a driver should be arrested for DUI. Unfortunately, this means that if you are not familiar with the BAC limits in your state, you could be charged with DUI any time you get behind the wheel after consuming alcohol. What’s more, states like South Dakota also base DUI penalties on blood alcohol content. Continue reading to learn about South Dakota DUI consequences.
In South Dakota, any person who operates a vehicle with a BAC of 0.08% or more is considered impaired. Thus, you can be arrested and charged with drunk driving if a law enforcement officer pulls you over and chemical testing indicates you have a blood alcohol content above this limit. Under state law, a first or second DUI conviction is classified as a misdemeanor crime and carries a maximum $2,000 fine, one-year license suspension, and up to one-year jail sentence.
On the other hand, if you are convicted of a third DUI, the charge will be classified as a felony. As a result, you can expect to receive a much tougher sentence if you are convicted of a third offense—including a minimum one-year license suspension, up to $4,000 in fines, and a maximum two-year jail sentence. As a repeat offender, you may also be required to seek treatment for alcoholism and/or undergo counseling for substance abuse.
Drivers who are convicted of four or more DUIs face the harshest sentencing guidelines of all. As such, you could spend up to five years behind bars and lose your license for two years if you are convicted of a fourth DUI. The judge may also order you to enroll in a court-approved rehabilitation program.
Even if it is your first DUI, you will face much harsher sentencing guidelines if you were arrested with a BAC of 0.17% or more. In such cases, you may be charged with “Aggravated DUI”—an offense that carries additional fines, as well as a longer jail sentence and lengthier license suspension.
It is important to know that, regardless of how your offense is classified, a drunk driving conviction will be permanently reflected on your criminal record. This means anytime an employer, landlord, or other third party checks your background, he or she will see your DUI—a fact that can jeopardize countless opportunities in the future. In some cases, a drunk driving conviction could even impact your eligibility for certain educational programs.
Along with the consequences listed above, you may encounter financial difficulties if you are found guilty of driving under the influence. If your sentence includes rehabilitation, for example, you will be responsible for any costs associated with the treatment. What’s more, your auto insurance rates are sure to increase if you have a DUI on your record—in many cases, doubling or tripling in cost.
Of course, just being arrested for DUI does not mean you will be convicted of the offense in court. Many drivers like you are able to challenge their arrest and reduce or avoid the consequences of a drunk driving conviction. To learn how you can do the same, complete our online form today to receive a free, no-obligation consultation with a skilled DUI attorney in your area.
