South Dakota DUI Laws & Penalties

South Dakota DUI law chapter 32-23 states that it is against the law for any person to drive a motor vehicle in the state of South Dakota while they are under the influence of alcohol or drugs with a blood alcohol concentration level of .08% or greater.

It is not necessary for a person who has been stopped on suspicion of driving under the influence to display the signs one would typically associate with someone who is under the influence.  Just the fact that a chemical test shows a blood alcohol concentration level of .08% or greater will get you arrested for DUI in South Dakota.

It should also be noted that a person could still be arrested for driving under the influence in South Dakota even if their blood alcohol concentration level is below the legal limit of .08% just by displaying signs that are consistent with a person who is under the influence of alcohol or drugs.



When an officer stops someone on suspicion of DUI in South Dakota, the officer is already starting to build a case against that person by observing their driving patterns prior to initiating the DUI stop.  If the officer has established reasonable grounds and suspects that someone is under the influence, the officer is going to request that the individual perform some field sobriety test (it is not required by law that you submit to the field sobriety tests. If an officer asks you to take the field sobriety test, just kindly refuse his request).

The officer is then going to request that you submit to a chemical test.  Submitting to a chemical test is required by the South Dakota Implied consent law.  If a driver refuses to submit to a chemical test, the officer must inform the driver of the penalties for test refusal and then ask the driver a second time if he or she will submit to a chemical test.  Refusal to submit to a chemical test will result in a minimum 1-year license revocation.

Upon being arrested for driving under the influence in South Dakota, the arresting officer will confiscate your driver's license.  You may be eligible for a restricted license through theSouth Dakota MVD, contact them to find out more.

South Dakota First Offense DUI

A South Dakota first offense DUI conviction is a Class 1 Misdemeanor offense and carries the following penalties:

  • Jail time: A first offense conviction may result in up to 1 year in jail.  It will be at the court's discretion as to whether or not you serve any jail time or just pay a fine or a combination thereof.
  • Fines: A first offense conviction may result in a fine of up to $2,000 plus court costs.  It will be at the court's discretion as to whether or not you have to pay a fine or just serve jail time in lieu of any fine or a combination thereof.
  • Test refusal: A first offense refusal will result in a 1 year license suspension.
  • Ignition interlock: An ignition interlock may be required.
  • License suspension: Your license will be revoked from 30 days up to 1 year.  First time offenders may be eligible for a restricted driver's license if they meet the requirements for one. Before the South Dakota MVD will reinstate your license following your suspension period or issue you a restricted license you will be required to show proof of financial responsibility in the form of a South Dakota SR22 insurance policy that meets the states minimum auto insurance liability coverage limits.  You will also have to pay a $50 to $200 license reinstatement fee to the MVD.

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South Dakota Second Offense DUI

A South Dakota second offense DUI conviction is a Class 1 Misdemeanor offense and carries the following penalties:

  • Jail time: A second offense conviction may result in up to 1 year in jail.  It will be at the court's discretion as to whether or not you serve any jail time or just pay a fine or a combination thereof.
  • Fines: A second offense conviction may result in a fine of up to $2,000 plus court costs.  It will be at the court's discretion as to whether or not you have to pay a fine or just serve jail time in lieu of any fine or a combination thereof.
  • Test refusal: A second offense refusal will result in a 1 year license suspension.
  • Ignition interlock: An ignition interlock may be required.
  • License suspension: A second offense will result in your license being suspended by the MVD for a minimum of 1 year.  Second time offenders may be eligible for a restricted driver's license if they meet the requirements for one including the successful completion of a court-approved chemical dependency program. Before the South Dakota MVD will reinstate your license following your suspension period or issue you a restricted license you will be required to show proof of financial responsibility in the form of a South Dakota SR22 insurance policy that meets the states minimum auto insurance liability coverage limits.  You will also have to pay a $50 to $200 license reinstatement fee to the MVD.

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South Dakota Third Offense DUI

A South Dakota third offense DUI conviction is a Class 6 Felony offense and carries the following penalties:

  • Jail time: A third offense conviction may result in up to 2 years in jail.  It will be at the court's discretion as to whether or not you serve any jail time or just pay a fine or a combination thereof.
  • Fines: A third offense conviction may result in a fine of up to $4,000 plus court costs.  It will be at the court's discretion as to whether or not you have to pay a fine or just serve jail time in lieu of any fine or a combination thereof.
  • Test refusal: A third offense refusal will result in a 1 year license suspension.
  • Ignition interlock: An ignition interlock may be required.
  • License revocation: A third offense will result in your license being revoked by the MVD for a minimum of 1 year from the date of your sentencing or release from jail, whichever is later.  Third time offenders may be eligible for a restricted driver's license if they meet the requirements for one including the successful completion of a court-approved chemical dependency program.

    Before the South Dakota MVD will reinstate your license following your suspension period or issue you a restricted license you will be required to show proof of financial responsibility in the form of a South Dakota SR22 policy that meets the states minimum auto insurance liability coverage limits.  You will also have to pay a $50 to $200 license reinstatement fee to the MVD.

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South Dakota Fourth Offense DUI

A South Dakota fourth offense DUI conviction is a Class 5 Felony offense and carries the following penalties:

  • Jail time: A fourth offense conviction may result in up to 5 years in jail.  It will be at the court's discretion as to whether or not you serve any jail time or just pay a fine or a combination thereof.
  • Fines: A fourth offense conviction may result in a fine of up to $10,000 plus court costs.  It will be at the court's discretion as to whether or not you have to pay a fine or just serve jail time in lieu of any fine or a combination thereof.
  • License revocation: A fourth offense will result in your license being revoked by the MVD for a minimum of 2 years from the date of your sentencing or release from jail, whichever is later.  Fourth time offenders may be eligible for a restricted driver's license if they meet the requirements for one including the successful completion of a court-approved chemical dependency program..

    Before the South Dakota MVD will reinstate your license following your suspension period or issue you a restricted license you will be required to show proof of financial responsibility in the form of a South Dakota SR-22 insurance policy that meets the states minimum auto insurance liability coverage limits.  You will also have to pay a $50 to $200 license reinstatement fee to the MVD.

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South Dakota Fifth or Subsequent Offense DUI

A South Dakota fifth or subsequent offense DUI conviction is a Class 4 Felony offense and carries the following penalties:

  • Jail time: A fifth offense conviction may result in up to 10 years in jail.  It will be at the court's discretion as to whether or not you serve any jail time or just pay a fine or a combination thereof.
  • Fines: A fifth offense conviction may result in a fine of up to $20,000 plus court costs.  It will be at the court's discretion as to whether or not you have to pay a fine or just serve jail time in lieu of any fine or a combination thereof.
  • License suspension: A fifth offense will result in your license being revoked by the MVD for a minimum of 3 years from the date of your sentencing or release from jail, whichever is later.  Fifth time offenders may be eligible for a restricted driver's license if they meet the requirements for one including the successful completion of a court-approved chemical dependency program..

    Before the South Dakota MVD will reinstate your license following your suspension period or issue you a restricted license you will be required to show proof of financial responsibility in the form of a SR22 insurance policy that meets the states minimum auto insurance liability coverage limits.  You will also have to pay a $50 to $200 license reinstatement fee to the MVD.

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South Dakota CDL DUI Laws

A person operating a commercial motor vehicle in the state of South Dakota while under the influence of alcohol, drugs or an intoxicant with a blood alcohol concentration of .04% or greater or failing to submit to a chemical test is in violation of the state's laws regarding CDL's and will be arrested for DUI and your CDL will be revoked for a period of 1-year following a first offense violation.  A second CDL DUI offense will result in your CDL being revoked for life.

If you were carrying hazardous materials at the time, your CDL will be revoked for 3-years. A second offense violation while carrying hazardous materials will result in a permanent CDL revocation, you will never be able to drive or operate a CMV again.  A CMV operator stopped and found to have any measurable amount of alcohol less than .04% in their system will be issued an "out-of-service" notice and will not be allowed to drive for the next 24-hours.

South Dakota DUI Under 21 Years of Age

Anyone under the age of 21 who is stopped and found to have consumed alcohol or drugs and has a BAC level of .02% or higher will be arrested for violating South Dakota's "zero tolerance" law regarding under age drinking and driving and is guilty of a Class 2 Misdemeanor offense.



A first offense violation will result in your license being suspended for 30 days.  A second offense under the age of 21 will result in a license suspension period of 180 days.  Any third or subsequent offense will result in a license suspension period of 1-year.

If you are under 21 and are arrested for having a BAC level of .08% or greater you will be facing the same fines and penalties as someone over 21 would face for the same offense.

You will also be required to show proof of financial responsibility in the form of an South Dakota SR22 insurance policy before the MVD will reinstate your license or issue you a temporary driving permit.

South Dakota SR22 Requirements

Before the South Dakota MVD will reinstate your license following your suspension or revocation period, they will require you to file an SR22 form with them before issuing you a new license. You will be required to carry your SR22 insurance for a period of 3-years.

At anytime during this 3-year period if there is a lapse in your South Dakota SR22 insurance coverage, your insurance provider is obligated by law to immediately inform the South Dakota MVD of the lapse.  If a lapse in coverage occurs, the South Dakota MVD will immediately suspend your license and you will be required to re-file an SR22 form with the MVD before they will issue you another license.

Since you are going to have to have your SR22 insurance for a period of 3-years, it is important to find the cheapest policy you can before choosing one.  DUI Process has partnered with the largest and most trusted SR22 insurance provider in the state of South Dakota and has worked out a special discount only available here for our website visitors.

You won't be able to find a SR22 insurance policy in South Dakota for any less.Type in your zip code below so we can provide you with the cheapest rates in your area.

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Other South Dakota DUI Resources

  • South Dakota First Offense DUI - First offense information including penalties, fines, potential jail time, license suspension, DUI classes, and much more.

  • South Dakota SR22 Insurance Filing - We have compiled everything you need to know about South Dakota SR22 insurance and filing requirements including important addresses, phone numbers, etc.

  • South Dakota DUI Evaluation Programs - We offer a complete listing of state approved DUI programs listed by County.

  • South Dakota Bail Bondsmen - Comprehensive list of South Dakota bail bond agents including address, phone, website, etc.