South Dakota · DUI
South Dakota DUI laws and penalties
South Dakota's legal BAC limit is 0.08%. For a first offense, South Dakota's statute provides jail of up to 1 year and a fine of up to $2,000. The license hearing, the ignition interlock rule and the statute behind every figure are below.
Figures read from official pages on .
South Dakota DUI laws at a glance
- Legal BAC limit
- 0.08%
- Standard US limit
- Enhanced penalty BAC
- 0.17%
- Where the penalties step up
- Zero tolerance (under 21)
- 0.02%
- Limit for drivers under 21
- Lookback period
- 10 years
- Prior DUI offenses that count
License hearing: no fixed request deadline
South Dakota has no administrative license hearing for an adult arrested for DUI; the court revokes the license on conviction. A driver under 21 who refuses testing must ask for a hearing within 120 days of the arrest.Higher BAC level. At 0.17 a first offender must also undergo a court-ordered chemical-dependency evaluation; the jail and fine ranges do not change.
Ignition interlock. No statute requires one for a first conviction; it is an option inside the Attorney General's 24/7 sobriety program, which a court may make a condition of probation.
01Penalties
South Dakota DUI penalties
| Penalty | 1st offense | 2nd offense |
|---|---|---|
| Jail (minimum) | None | None |
| Jail (maximum) | 1 year | 1 year |
| Fine (minimum) | No minimum | No minimum |
| Fine (maximum) | $2,000 | $2,000 |
| License suspension | 30 days minimum | 1 year minimum |
Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.
02Compare
How South Dakota compares
Of the 49 states with a confirmed BAC limit, 48 (South Dakota among them) use 0.08%; Utah has 0.05%.
On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. South Dakota does not require one.
| State | BAC limit | Hearing request | Interlock, first offense | Jail, first offense | Fine, first offense | License, first offense |
|---|---|---|---|---|---|---|
| Iowa | 0.08% | 10 days | In some cases | 48 hours to 1 year | $1,250 | 180 days to 1 year revocation |
| Minnesota | 0.08% | 60 days | In some cases | Up to 90 days | Up to $1,000 | 30 days minimum on conviction; 90 days minimum if revoked after a failed test |
| Montana | 0.08% | 30 days | At the judge's discretion | Up to 6 months | $600 to $1,000 | 6 months |
| Nebraska | 0.08% | 10 days | Required | 7 days to 60 days | $500 | 6 months |
| North Dakota | 0.08% | 10 days | At the judge's discretion | Up to 30 days | $500 to $1,500 | 91 days |
| South Dakota (this page) | 0.08% | No fixed deadline | Not required | Up to 1 year | Up to $2,000 | 30 days minimum |
| Wyoming | 0.08% | 20 days | In some cases | Up to 6 months | Up to $750 | 90 days |
Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.
03The process
How a DUI case moves through the system in South Dakota
Arrest and booking
Police arrest a driver on suspicion of DUI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
South Dakota has no administrative license hearing for an adult arrested for DUI; the court revokes the license on conviction. A driver under 21 who refuses testing must ask for a hearing within 120 days of the arrest.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, South Dakota's statute provides jail of up to 1 year and a fine of up to $2,000. See the penalties table above.
04Sources
Where South Dakota's figures come from
- S.D. Codified Laws § 32-23-1 (sdlegislature.gov)Main statute · BAC limit, age 21 and over
- S.D. Codified Laws § 32-23-2.1 (sdlegislature.gov)Higher BAC level
- S.D. Codified Laws § 32-23-21(1) (sdlegislature.gov)BAC limit under 21
- S.D. Codified Laws § 32-23-4.1 (sdlegislature.gov)Lookback period
- S.D. Codified Laws § 32-23-11 (sdlegislature.gov)License hearing request
- S.D. Codified Laws § 32-23-2 (no interlock among a first offense's penalties); §§ 1-11-30 and 1-11-21 (the 24/7 sobriety program) (sdlegislature.gov)Ignition interlock, first offense · First offense: jail, minimum · First offense: license
- S.D. Codified Laws § 1-11-30 (an interlock is a testing option inside the 24/7 sobriety program) (sdlegislature.gov)Ignition interlock, first offense
- S.D. Codified Laws § 1-11-21 (a court may make the 24/7 sobriety program a condition of probation) (sdlegislature.gov)Ignition interlock, first offense
- S.D. Codified Laws § 22-6-2(1) (a Class 1 misdemeanor carries at most one year) (sdlegislature.gov)First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum
- S.D. Codified Laws § 32-23-3 (sdlegislature.gov)Second offense: jail, minimum · Second offense: license
Show the exact words behind each figureHide the exact words
- Main statute
S.D. Codified Laws § 32-23-1
S.D. Codified Laws § 32-23-1
No person may drive or be in actual physical control of any vehicle while:
- BAC limit, age 21 and over
0.08%
S.D. Codified Laws § 32-23-1(1)
There is 0.08 percent or more by weight of alcohol in that person's blood as shown by chemical analysis of that person's breath, blood, or other bodily substance
- Higher BAC level
0.17%
S.D. Codified Laws § 32-23-2.1
Any person convicted of a first offense pursuant to § 32-23-1 with a 0.17 percent or more by weight of alcohol in the person's blood shall, in addition to the penalties provided in § 32-23-2, be required to undergo a court-ordered evaluation
- BAC limit under 21
0.02%
S.D. Codified Laws § 32-23-21(1)
If there is physical evidence of 0.02 percent or more by weight of alcohol in the person's blood as shown by a chemical analysis of the person's breath, blood, or other bodily substance
- Lookback period
10 years
S.D. Codified Laws § 32-23-4.1
no previous conviction for, or plea of guilty to, a violation of § 32-23-1, 22-18-36, or 22-16-41 occurring more than ten years prior to the date of the violation being charged may be used to determine that the violation being charged is a second, third, or subsequent offense
- License hearing request
No fixed deadline
S.D. Codified Laws § 32-23-11
Any person subject to license revocation for failure to submit to the withdrawal and chemical analysis pursuant to § 32-23-18 who wants to contest the revocation, shall request a hearing, pursuant to chapter 1-26, within one hundred twenty days of arrest.
- Ignition interlock, first offense
Not required
S.D. Codified Laws § 32-23-2 (no interlock among a first offense's penalties); §§ 1-11-30 and 1-11-21 (the 24/7 sobriety program)
If conviction for a violation of § 32-23-1 is for a first offense, the person is guilty of a Class 1 misdemeanor, and the court must revoke the person's driver license for not less than thirty days. The court may, in its discretion, issue an order, upon proof of financial responsibility pursuant to § 32-35-113, permitting the person to operate a vehicle for purposes of employment, 24/7 sobriety testing, attendance at school, child care delivery or pickup, health appointments
And S.D. Codified Laws § 1-11-30 (an interlock is a testing option inside the 24/7 sobriety program)
A participant submitting to the installation of an ignition interlock device shall pay all costs and expenses associated with the installation and operation of the ignition interlock device directly to the authorized vendor pursuant to a contract between the vendor and participant.
And S.D. Codified Laws § 1-11-21 (a court may make the 24/7 sobriety program a condition of probation)
The court may condition the granting of a suspended imposition of sentence, suspended execution of sentence, or probation upon participation in the 24/7 sobriety program and payment of associated costs and expenses.
- First offense: jail, minimum
None
S.D. Codified Laws § 32-23-2
If conviction for a violation of § 32-23-1 is for a first offense, the person is guilty of a Class 1 misdemeanor, and the court must revoke the person's driver license for not less than thirty days.
And S.D. Codified Laws § 22-6-2(1) (a Class 1 misdemeanor carries at most one year)
Class 1 misdemeanor: one year imprisonment in a county jail or two thousand dollars fine, or both
- First offense: jail, maximum
1 year
S.D. Codified Laws § 22-6-2(1) (Class 1 misdemeanor)
Same passage as above.
- First offense: fine, minimum
No minimum
S.D. Codified Laws § 22-6-2(1) (Class 1 misdemeanor)
Same passage as above.
- First offense: fine, maximum
$2,000
S.D. Codified Laws § 22-6-2(1) (Class 1 misdemeanor)
Same passage as above.
- First offense: license
30 days minimum
S.D. Codified Laws § 32-23-2
the court must revoke the person's driver license for not less than thirty days
- Second offense: jail, minimum
None
S.D. Codified Laws § 32-23-3
If conviction for a violation of § 32-23-1 is for a second offense, the person is guilty of a Class 1 misdemeanor, and the court must revoke the person's driver license for a period of not less than one year.
And S.D. Codified Laws § 22-6-2(1) (a Class 1 misdemeanor carries at most one year)
Class 1 misdemeanor: one year imprisonment in a county jail or two thousand dollars fine, or both
- Second offense: jail, maximum
1 year
S.D. Codified Laws § 22-6-2(1) (Class 1 misdemeanor)
Same passage as above.
- Second offense: fine, minimum
No minimum
S.D. Codified Laws § 22-6-2(1) (Class 1 misdemeanor)
Same passage as above.
- Second offense: fine, maximum
$2,000
S.D. Codified Laws § 22-6-2(1) (Class 1 misdemeanor)
Same passage as above.
- Second offense: license
1 year minimum
S.D. Codified Laws § 32-23-3
the court must revoke the person's driver license for a period of not less than one year
05Related
Related pages
- CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.
Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.