DUI.lawDUI.law

The criminal case

DUI penalties in South Dakota

The offense, qualifying priors and statutory conditions matter—not just an arrest count.

DUI penalties in South Dakota depend on the charged offense and its statutory conditions. Prior convictions, their dates, and aggravating factors may change the applicable rule. An arrest count alone does not establish the offense tier, and a minimum sentence is not the complete sentencing range. The cited rules below are not predictions of a particular case’s outcome.

The lookback period

How far back priors count
Not published yet. We show a figure only once it has been confirmed against the official source and dated.This varies widely between states — from a few years to a lifetime — so it is not safe to assume a national figure.

Penalty rules by offense number

First offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Second offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Third offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

Driving privileges, ignition interlock and insurance requirements need separate review under their own rules. A commercial-driving restriction may have different triggers from a restriction on an ordinary licence. No consequence is assumed merely because it appears in this list.

Ignition interlock, first offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

The two legal questions

The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.

Driving privileges

The licence case

Forum
The agency or court identified by the applicable licence proceeding
Clock
Check the applicable notice or order for the deadline and its starting event
Deadline to request a hearing
The deadline depends on why your license is being taken away.
  • DPS notice: If your notice cites §32-12-49 or §32-12-49.4, your written hearing request must be postmarked—or received by fax—within 15 days after the date on the notice. Send the request to the South Dakota Department of Public Safety (DPS).
  • Under-21 test refusal: If your license is being revoked because you refused a test after an arrest under South Dakota’s under-21 driving law, you have 120 days from the arrest to request a hearing.
  • The 120-day deadline is only for that under-21 refusal process. It does not replace the 15-day deadline for the notices described above.
  • Requesting a hearing does not, by itself, establish that you may keep driving. These license hearings are separate from your criminal case.
Suspension under the cited rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

Criminal charge

The criminal case

Forum
A criminal court
Clock
Check court notices and orders; no case duration is predicted here
Alcohol-concentration threshold
0.08% or more by weight of alcohol in blood while driving or in actual physical control of a vehicle.
  • The statute specifies chemical analysis of breath, blood or another bodily substance. It separately prohibits driving under the influence; the numeric threshold is not permission to drive while impaired.
  • This is the general alcohol-concentration rule, not a separate rule for commercial drivers or drivers under 21.
Verified S.D. Codified Laws § 32-23-1Official source (opens in a new tab)
First-offense penalty rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.