Information on the Ignition Interlock Device Laws and Requirement in The Mount Rushmore State of SD
All of the cities in South Dakota including Sioux Falls, Rapid City, Pierre, Deadwood, Brookings, Sturgis and Spearfish have the same SD Ignition Interlock device laws that govern drinking and driving and DUI offenses. Those individuals who are operating a vehicle with a Blood Alcohol Concentration (BAC) of 0.08 percent or more will be arrested and likely charged with Driving Under the Influence (DUI). If the individual is then convicted of this crime they will face penalties that include monetary fines, driver’s license suspension, possible jail time and the possibility of having to use an Ignition Interlock Device (IID) in order to get a SD driver’s license back.
Being charged with a drinking and driving related crime based on a Blood Alcohol Concentration of 0.08 percent is the standard in almost all states across the country. Research supports that most drivers with a BAC of 0.05 percent are too impaired to operate a vehicle and that all drivers with a BAC of 0.08 percent are too impaired to drive, hence the standard. Additionally, the state of South Dakota can charge commercial vehicle drivers with Driving Under the Influence if their BAC is 0.04 percent or more and minors (under 21) can also be charged with this crime with their BAC is 0.02 percent or more. It is important to note that even for a first DUI offense conviction or guilty plea, under the new SD laws an Ignition Interlock device will likely be required to be installed on any car a person will drive.
What Are the Interlock Penalties for Driving Under the Influence in South Dakota?
As outlined above there are a number of different penalties a driver will face should they be convicted of Driving Under the Influence in the state of South Dakota, which will also require having to install an Ignition Interlock device in order to legally drive in the state. These penalties are meant to discourage the individual, and others, from partaking in drinking and driving behaviors. First time offenders of DUI in the state of South Dakota, or those who have no previous convictions on their record, will face some, if not all, of the following penalties:
- $1,000 Fine
- SD Driver’s License Suspension of 30 Days to One Year
- Jail Sentence of Up to One Year
- Installing an Ignition Interlock Device For Up to One Year
Repeat or 2nd DUI offense individuals of Driving Under the Influence will face harsher penalties. A second offense drivers in this state is someone who have a previous DUI conviction on their record within the last 10 years. Second time offenders of DUI in the state of South Dakota, or those who have one previous conviction on their record in the last 10 years, will face some, if not all, of the following penalties:
- $1,000 Fine
- Driver’s License Suspension of 180 Days to One Year
- Jail Sentence of Up to One Year
- Ignition Interlock Will be Required for an Average of 2 Years
Third time offenders of DUI in the state of South Dakota, or those who have two previous convictions on their record in the last 10 years, will face some, if not all, of the following penalties:
- $2,000 Fine
- Driver’s License Suspension of One Year
- Jail Sentence of Up to Two Years
- Requirement of Getting an Ignition Interlock Device Installed for Several Years
Car Breathalyzer Ignition Interlock Devices are not listed as a part of the Driving Under the Influence penalties because the state of South Dakota does not order their use – this state allows offenders to elect to use an Ignition Interlock Device as a part of their 24/7 Sobriety Program.
What Is an Ignition Interlock Device and How Does it Work Under What the New SD DUI Laws are?
An Ignition Interlock Device, or IID for short, is a device that works very much the same as the Breathalyzer devices used by South Dakota law enforcement officers. A car Breathalyzer Ignition Interlock is installed in a DUI offender’s vehicle, usually mounted on the dashboard, and the device must be used in order for the offender to be able to drive. When the offender is ready to start their vehicle they will need to blow into the IID to provide a breath sample. Should this sample fall below the pre-programmed BAC threshold they will be able to start the vehicle as normal. Should this sample fall above the pre-programmed BAC threshold the event will be logged in the device’s memory and the vehicle will not be able to be started.
Should the device be programmed to do so it is possible for the IID to require the driver to provide an additional sample when the vehicle is being driven. When signaled, the driver will need to provide this additional sample – should this sample fall above the pre-programmed BAC threshold the Interlock will log the event and the device will signal the driver to pull over and turn off the vehicle. The Ignition Interlock Device will not be able to stop the vehicle while it is being driven. These random tests are meant to prevent another individual other than the driver from providing the breath sample to start the vehicle.
When Is Using an Ignition Interlock Device Required in the State of South Dakota?
In 2012 the state of South Dakota added the use of Ignition Interlock Devices to their 24/7 Sobriety Program and drivers within that program have the option to elect to use an Ignition Interlock Device. Because this state uses the 24/7 Sobriety Program and allows offenders to elect to use an Ignition Interlock Device these devices are not ordered by the court system as a means for the Driving Under the Influence offender to have their driver’s license reinstated. More information on the 24/7 Sobriety Program can be found on the South Dakota Attorney General website.
Will I be Responsible for Paying for the Cost of an Ignition Interlock Device?
In almost all of the South Dakota DUI cases where an offender elects to use an Ignition Interlock Device it will be their responsibility to cover all of the costs associated with the device which often include the leasing, installation and maintenance of the IID. It is not uncommon for offender to pay between $70 and $125 a month to lease the device as well as upwards of $100 to have the device installed. With that being said, it is important to note that these are just rough estimates of costs – some DUI Interlock providers will charge more or less to lease the device and some companies will offer free installation of IIDs leased from them.
What Is the Process of Obtaining an Ignition Interlock Device in South Dakota?
Once a SD DUI offender has elected to get an Ignition Interlock Device installed, they will often have a specific amount of time in which they will need to lease and install the device. First, they must lease the Ignition Interlock Device from an IID provider that has been approved by the state of South Dakota. State approved IID providers can be found across the state and a full list of the providers that have been approved can be found on the South Dakota Attorney General’s website. It is important to choose a state approved provider to remain within the guidelines of the 24/7 Sobriety Program rules.
After the device has been successfully leased from one of these state approved providers it is also important for the offender to ensure they are having the device professionally installed to the state’s standards as well in order to stay within the program’s rules. Once this has been completed, the offender may need to report back to the judge, court, probation officer, program manager or South Dakota DMV to alert them that the device is installed and operational. At this time the offender will have their driving privileges reinstated and they will be able to drive using the device. After a SD Ignition Interlock lawyer reviews a person’s own arrest situation online with us, they will then be able let a person know of any possible defense options for how to avoid having to get and install an Ignition Interlock device in:
[column col=”1/4″]Aurora County
Bon Homme County
Charles Mix County
Fall River County
Big Stone City
Colonial Pine Hills
Manderson White Horse Creek
North Eagle Butte
North Sioux City