'Per Se' BAC Level: .08
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
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