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South Dakota Drunk Driving Law

Highlights of South Dakota's DUI Law

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Updated October 06, 2012

Here are highlights from South Dakota law on driving under the influence (SD Codified Laws Ch. 32-23). Click on the links for further explanation of the legal terms associated with drunk driving in South Dakota.

'Per Se' BAC Level: .08

Zero Tolerance BAC Level: .02

Enhanced Penalty BAC Level: .17

Implied Consent Law: Yes

License Suspension 1st Offense: 30 days

License Suspension 2nd Offense: 1 year

License Suspension 3rd Offense: 1 year

Mandatory Jail Time after 2nd offense: No

Mandatory Alcohol Education: No

Mandatory Assessment/Treatment: No

Possible Ignition Interlock: No

Possible Vehicle Confiscation: No

Hardship License while license suspended: No

Open Container Law: For driver and passenger

These are highlights of the main provisions of South Dakota law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered.

If you have been arrested for drunk driving in South Dakota, contact an attorney in your area to determine you rights and responsibilities.

Source: SD Codified Laws Ch. 32-23

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