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In order to be convicted of
a DUI in South Dakota, the prosecution must
prove that a person's mental and physical faculties
were impaired due to the ingestion of alcohol
and that as a result, that person cannot operate
a vehicle safely on the roads of South Dakota.
Impairment is generally proven by evidence
of the driver’s impaired driving pattern,
physical appearance, performance on field sobriety
tests and chemical test results.
In addition, South Dakota DUI law makes it a crime for those driving with a blood
alcohol content (BAC) of .08% or higher. Prosecution under this theory does not
depend on impairment. Instead, it is based solely on body chemistry. The critical
question is whether the person arrested had a blood alcohol content (BAC) of
.08% or greater at the time they were driving. Evidence of actual impairment
or an inability to safely drive is irrevelent.
South Dakota DUI / DWI law includes an implied consent statute. This means that
anyone who drives in South Dakota has impliedly consented to a blood or breath
test to determine alcohol content if he or she is lawfully arrested for South
Dakota DUI/DWI.
It should be noted that the definition of vehicle in South Dakota is not limited
to a car. Riding a horse or bicycle while under the influence of alcohol or drugs
can also result in a DUI arrest in South Dakota.
The South Dakota Motor Vehicle Division may revoke or suspend the driver’s
license of anyone convicted on a drunk driving charge. However, unlike many states,
South Dakota does not have a separate administrative action against an offender’s
driver’s license.
As mentioned above, South Dakota DUI / DWI convictions may result in a driver’s
license suspension. But such a conviction may also result in a variety of other
consequences such as jail time, fines, mandatory alcohol educational programs
and increased auto insurance premiums. Driver’s license suspensions can
include suspensions of 30 days for a first offense. For a second offense, the
driver’s license may be revoked for one year. A third drunk driving offense
will result in the greater of a one-year revocation from sentence date or release
from incarceration, whichever is longer. It is important to note that a refusal
to submit to a chemical test when lawfully requested by peace officer will result
in a one-year license suspension.
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