If you were arrested for a South Dakota DUI, an officer believed that you were operating a motor vehicle under the influence of alcohol and/or drug(s). The law enforcement officer believed that your motor skills, mental faculties and reaction times were so impaired that you were unable to operate that motor vehicle safely. Driving with a blood alcohol content of .08% or greater is considered per se, or automatically, driving under the influence of alcohol. Below we have outlined the most important information for you to inform yourself about South Dakota DUI.
South Dakota DUI Penalties
IMPORTANT: SOUTH DAKOTA LAW STATES THAT YOU HAVE 10 DAYS FROM YOUR ARREST FOR YOUR ATTORNEY TO REQUEST A DRIVER’S LICENSE HEARING WITH SOUTH DAKOTA DIVISION OF MOTOR VEHICLES. After 45 days, your license will be automatically suspended if you do not contest the DMV suspension. It is crucial that your attorney schedules this hearing to avoid further problems with your driver’s license.
If you are convicted of a first-time South Dakota DUI, you can expect to pay minimum fines starting at $400 and be subject to various other penalties as the the court may see fit, including a minimum 2 days in jail and/or the mandatory attendance of AA meetings. The DMV will also seek to suspend your license for up to 1 year!
If you do not prevail at the South Dakota Division of Motor Vehicles hearing, the consequences can be steep. In order to get your license back after the suspension period, you will need to show completion of the Alcohol Education Courses. Speak with an experienced South Dakota attorney immediately to help save your driving privilege and keep you out of jail.
South Dakota DUI Lawyers
A DUI arrest is not a DUI conviction. South Dakota DUI attorneys defend DUI offenses and drunk driving cases in South Dakota. A competent DUI attorney will be able to assist you with the two separate cases. DUI attorneys can offer you DUI defense strategies. They will be able to handle both the criminal DUI charges and the case with South Dakota DMV, regarding your license suspension.
General South Dakota DUI Information
– Another penalty that is often overlooked is your driver’s insurance. If you’re convicted of a South Dakota DUI, you will have to get what is called an SR-22 insurance. Your South Dakota DUI attorney can discuss what SR-22 is and what it will potentially cost you.
– Actual Physical Control – You can get a South Dakota DUI even if you’re not driving a vehicle! If you are in what’s called actual physical control of the vehicle, i.e. sitting in the front seat, keys in the ignition, parked but engine running; and law enforcement determines that you’re under the influence, you can be arrested and charged with a DUI. The theory behind actual physical control is not that you were driving, but that you could have driven. Speak to an experienced South Dakota DUI attorney that can give you a more detailed explanation of actual physical control and what it means for your case.