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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.
No ignition interlock requirement

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.

First and second DUI convictions are both Class 1 misdemeanors with no mandatory minimum jail or fine in the statute; a third offense is a Class 6 felony (§ 32-23-4). There is no administrative license suspension for an adult DUI arrest.

01Penalties

South Dakota DUI penalties

Statutory ranges for standard DUI convictions (no accident, no minor in vehicle).
South Dakota statutory DUI penalties, first and second offense
Penalty1st offense2nd offense
Jail (minimum)NoneNone
Jail (maximum)1 year1 year
Fine (minimum)No minimumNo minimum
Fine (maximum)$2,000$2,000
License suspension30 days minimum1 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.

South Dakota and the states that border it, first-offense figures side by side
StateBAC limitHearing requestInterlock, first offenseJail, first offenseFine, first offenseLicense, first offense
Iowa0.08%10 daysIn some cases48 hours to 1 year$1,250180 days to 1 year revocation
Minnesota0.08%60 daysIn some casesUp to 90 daysUp to $1,00030 days minimum on conviction; 90 days minimum if revoked after a failed test
Montana0.08%30 daysAt the judge's discretionUp to 6 months$600 to $1,0006 months
Nebraska0.08%10 daysRequired7 days to 60 days$5006 months
North Dakota0.08%10 daysAt the judge's discretionUp to 30 days$500 to $1,50091 days
South Dakota (this page)0.08%No fixed deadlineNot requiredUp to 1 yearUp to $2,00030 days minimum
Wyoming0.08%20 daysIn some casesUp to 6 monthsUp to $75090 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

The typical sequence, in general terms. Timing and details differ by county and by case.
  1. 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.

  2. Release

    A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.

  3. 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.

  4. Arraignment

    The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.

  5. 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.

  6. 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

Each figure was read on the official page linked here on Oct 26, 2026, and the quoted words were checked against the page the day it was read. The exact words are below so you can check them. Found a mistake? Write to hello@duiarrested.com with the state and the figure.
Show the exact words behind each figure
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

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.