South Dakota is one of the few states that does require an ignition interlock device (IID) for any DUI violation. However, this is not to say the state does not have some stiff penalties, especially for first time offenders. The state currently rates only one star from Mothers Against Drunk Driving (MADD). The organization would like to see stricter penalties, especially where IID’s are concerned.
South Dakota DUI by the Numbers (based on 2012 overall numbers)
South Dakota is another state with a rather high fatality rate per 100,000 residents. In many of the states where this is present, there also tends to be a very high tourism base, which is not really the case in South Dakota. In 2012, the fatality rate was 5.3:100,000 for 21 and older with a 4.5:100,000 ratio for under 21 drivers. Even with the criticism from MADD and the higher fatality rates, South Dakota does seem to be on the right path, showing a significant decrease from its 2002 DUI fatality numbers.
· 5,816 total DUI arrests (84 from under-18 drivers)
· 44 total alcohol-related fatalities (11 from under-21 drivers)
· 47.9 percent decrease in alcohol-related fatalities
· 43.2 percent decrease in alcohol-related fatalities for under-21 drivers
· 75.8 percent of fatalities involved a driver with a blood alcohol content (BAC) of .15+
· 88.9 percent of repeat offenders had a BAC of .15+
DUI First Offense Penalties in South Dakota
South Dakota does not currently require an IID unless the offender has a blood alcohol content (BAC) or .17 or higher. Other penalties are listed below:
· Monetary fines of $1,000
· No mandatory IID (with the exception of those with a BAC of .17 or higher)
· Up to one year in jail
· Mandatory license suspension of a minimum of 30 days and a maximum of one year.
South Dakota is an implied consent state. If you refuse to take the requested chemical tests, your license will be revoked for a period of one year. This means you must actually take the tests again (suspensions are re instated after the penalty has been served).
The South Dakota “look back” or “washout” period is ten years.
Should You Hire a DUI Attorney if Arrested and Charged in South Dakota?
Drinking and driving is a much more serious crime than it was only ten years ago. Organizations like MADD have put continuous pressure on law enforcement and legislators to increase penalties and fines for any violation. This is also something that will affect your professional life, so it would be a good decision to hire a South Dakota DUI attorney if you are arrested in this state. For more information about South Dakota DUI laws and to find an attorney, fill out the Free DUI Arrest Evaluation Now!
Taryn J. White is a legal research specialist and DUI law news reporter. Her current accomplishments include helping those facing any driving under the influence arrest charges, get free online assistance in learning how to fight a DUI case for the best possible outcome.