In South Dakota, a driver will receive a DUI (driving under the influence) if they drive with a blood alcohol concentration (BAC) of 0.08% or higher. Even if their driving ability was not impaired, .08 is the legal BAC limit. If the driver refuses to take the breath or blood test that determines BAC, South Dakota law says that they can be charged with a DUI. South Dakota also has a zero tolerance policy, so drivers under the age of 21 have a BAC limit of .02. Any driver whose BAC is .17 or above will face enhanced penalties for an aggravated DUI.
A driver under the age of 21 who is arrested for a DUI in South Dakota will have their license suspended for 30 days if it is their first offense. If it is their second offense, the suspension will last 180 days. With their third DUI conviction, they will lose their license for 1 year.
A first DUI conviction for a driver over the age of 21 in South Dakota carries a jail term of up to 1 year. The drivers license will be suspended for a minimum 30 days, up to a maximum of 1 year. A restricted license is possible, if they have proof of SR22 Insurance. They will also be fined $1,000.
DUI / DWI facts and statistics in South Dakota
- In 2017, 2 out of the 35 driving fatalities due to DUI / DWI were driven by drivers under the age of 21
- In the same year, 88 out of the 8,164 offenders caught for DUI / DWI were under the age of 18
- In 2018, 8 out of the 45 driving fatalities due to DUI / DWI were driven by drivers under the age of 21
- In the same year, 51 out of the 5,891 offenders caught for DUI / DWI were under the age of 18
source: responsibility.org, fbi.gov
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