South Dakota DUI Laws and Penalties (2026)
A complete guide to DUI and DWI laws in South Dakota, including penalties for first and repeat offenses, BAC limits, license suspension rules, and when a DUI becomes a felony.
South Dakota DUI At a Glance
First Offense DUI in South Dakota
Up to 1 year jail, $1,000 fine, 30-day suspension
South Dakota requires alcohol evaluation for DUI offenders
Second Offense DUI in South Dakota
Up to 1 year, $1,000 fine, 1-year revocation
When Does a DUI Become a Felony in South Dakota?
In South Dakota, a DUI typically becomes a felony charge at the 3rd offense. Additional circumstances that can elevate a DUI to a felony include:
- Causing injury or death to another person while driving impaired
- Having a child passenger in the vehicle
- Having an extremely high BAC (typically 0.15% or 0.16%+)
- Driving on a suspended or revoked license due to a prior DUI
South Dakota DUI BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Under 21 | 0.00%–0.02% (zero tolerance) |
| Commercial Driver (CDL) | 0.04% |
Refusing a Breathalyzer in South Dakota
South Dakota, like all U.S. states, has an implied consent law. By driving on South Dakota roads, you implicitly consent to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing a test will typically result in automatic license suspension, separate from any DUI conviction, and the refusal can be used against you in court.
DUI vs. DWI in South Dakota
Different states use different terminology. South Dakota uses DUI (Driving Under the Influence) as its primary statute, though both alcohol and drug impairment can result in charges.
Finding a DUI Lawyer in South Dakota
If you are facing a DUI charge in South Dakota, it is strongly recommended to consult with a qualified DUI defense attorney as soon as possible. An attorney can:
- Review the circumstances of your arrest for procedural errors
- Challenge the accuracy of BAC testing equipment
- Negotiate for reduced charges or alternative sentencing
- Represent you at DMV hearings to contest license suspension