DUI Laws in South Dakota (DUI)
South Dakota uses the term "DUI" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is 10 years. 3rd offense within 10 years (Class 6 felony. Below are the full details of South Dakota's DUI laws and penalties.
Last updated:
Overview
South Dakota takes a straightforward approach to DUI enforcement with penalties that escalate steadily for repeat offenders. The state uses a 10-year lookback period for DUI enhancements: a third DUI within 10 years is a Class 6 felony, a fourth is a Class 5 felony, and a fifth or subsequent offense is a Class 4 felony. South Dakota is notable for being the birthplace of the 24/7 Sobriety Program, which has been adopted by numerous other states and requires participants to submit to twice-daily alcohol testing. The state has a relatively low enhanced-penalty BAC threshold of 0.17%, and the South Dakota DOT administers a separate administrative license revocation process independent of criminal court proceedings.
Official term: DUI
BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Commercial (CDL) | 0.04% |
| Under 21 | 0.02% |
| Enhanced Penalty | 0.17% |
Penalties by Offense
| Offense | Classification | Jail Time | Fines | License Suspension | IID |
|---|---|---|---|---|---|
| 1st Offense | Class 1 misdemeanor | Up to 1 year in county jail; no mandatory minimum for standard first offense. 48 hours mandatory minimum if BAC ≥ 0.17%. | Up to $2,000; typical range $250–$1,000 plus court costs and assessments | 30 days minimum (revocation by court); 120 days administrative revocation by DOT if BAC ≥ 0.17%. May apply for restricted license after 30 days. | Not mandatory for standard first offense; required for restricted license if BAC ≥ 0.17% |
| 2nd Offense | Class 1 misdemeanor | Up to 1 year in county jail; current law (2024 amendment) sets no mandatory minimum jail term. Home detention with electronic monitoring may be ordered. Driving while the license is revoked adds a mandatory, non-suspendable 3-day county jail sentence. | Up to $2,000; typical range $500–$2,000 plus court costs | Revocation of at least 1 year; after completing a court-approved chemical dependency program and filing proof of financial responsibility (SR-22), the court may grant a limited driving privilege | Not automatically required; the 24/7 Sobriety Program or an IID may be imposed as a condition of a limited driving privilege |
| 3rd Offense | Class 6 felony (third offense within 10 years, SDCL 32-23-4) | Up to 2 years in the state penitentiary; no mandatory minimum jail term under current law | Up to $4,000; plus court costs and assessments | Revocation of at least 1 year (SDCL 32-23-4); after completing a court-approved chemical dependency program and filing proof of financial responsibility (SR-22), the court may grant a limited driving privilege | May be required as a condition of any limited driving privilege; the 24/7 Sobriety Program is commonly required |
| Felony | Class 6 felony (3rd offense within 10 years); Class 5 (4th offense); Class 4 (5th or subsequent) — SDCL 32-23-4, 32-23-4.6, 32-23-4.7 | Class 6: up to 2 years; Class 5: up to 5 years; Class 4: up to 10 years in the state penitentiary (SDCL 32-23-4, 32-23-4.6, 32-23-4.7) | Class 6: up to $4,000; Class 5: up to $10,000; Class 4: up to $20,000, plus court costs and assessments | Class 6: at least 1 year; Class 5: at least 2 years; Class 4: at least 3 years of revocation | Required for any future driving privileges; may be required indefinitely after reinstatement |
Felony threshold: 3rd offense within 10 years (Class 6 felony, SDCL 32-23-4: up to 2 years, $4,000 fine, 1-year revocation); 4th offense: Class 5 felony (SDCL 32-23-4.6: up to 5 years, $10,000, 2-year revocation); 5th or subsequent offense: Class 4 felony (SDCL 32-23-4.7: up to 10 years, $20,000, 3-year revocation). Lookback period: 10 years.
Additional Penalty Details
| Offense | Community Service | Probation | DUI School |
|---|---|---|---|
| 1st Offense | May be ordered at court discretion; commonly 40–80 hours | Up to 2 years; 24/7 Sobriety Program may be required as condition | Mandatory chemical dependency evaluation and completion of recommended education or treatment program |
| 2nd Offense | May be ordered at court discretion | Up to 2 years; 24/7 Sobriety Program typically required | Full chemical dependency evaluation and completion of recommended treatment mandatory |
| 3rd Offense | May be ordered at court discretion | Up to 3 years; 24/7 Sobriety Program required; intensive supervision | Full chemical dependency evaluation and intensive treatment program mandatory; residential treatment may be required |
| Felony | May be ordered as condition of probation or parole | Up to 10 years supervised; 24/7 Sobriety Program required; intensive supervision with residential treatment, random testing, and electronic monitoring | Mandatory comprehensive chemical dependency evaluation and intensive treatment; residential/inpatient treatment commonly required |
Implied Consent Law
Under SDCL § 32-23-10, any person operating a vehicle on South Dakota roads is deemed to have consented to chemical analysis of blood, breath, urine, or other bodily substance when an officer has probable cause for DUI. The officer chooses the type of test. South Dakota law requires the officer to inform the driver of the consequences of refusal before testing.
Refusal penalties: First refusal: 1-year license revocation (no restricted license available for first 45 days). Second refusal within 10 years: 2-year revocation. Subsequent refusal: 2-year revocation. A refusal can be used as evidence at the criminal DUI trial. Additionally, the 24/7 Sobriety Program may be ordered as a condition of bond even for refusal cases.
Aggravating Factors
| Factor | Impact |
|---|---|
| BAC of 0.17% or higher | Mandatory minimum 48 hours jail on first offense; administrative license revocation of 120 days (vs. 30 days); IID required for restricted license |
| Minor passenger under 18 in vehicle | Enhanced penalties at sentencing; separate child abuse/endangerment charges possible under SDCL § 26-10-1 |
| Prior DUI convictions within 10-year lookback period | A 3rd offense within 10 years is a Class 6 felony (up to 2 years); a 4th is a Class 5 felony (up to 5 years); a 5th or subsequent is a Class 4 felony (up to 10 years). Current law sets no mandatory minimum jail term for repeat offenses. |
| Causing death while DUI (vehicular homicide) | Class 3 felony carrying up to 15 years in prison and up to $30,000 in fines; separate from the underlying DUI charge |
| Causing serious bodily injury while DUI | Enhanced felony charges possible; up to 15 years in prison depending on severity; victim restitution mandatory |
| Refusal to submit to chemical testing | 1- to 2-year license revocation (separate from any DUI revocation); refusal admissible as evidence of guilt at trial; no restricted license during initial period |
DUI with Injury
Classification: Class 3 felony (vehicular homicide) or Class 4 felony (vehicular battery)
Vehicular homicide while DUI (SDCL § 22-16-41) is a Class 3 felony carrying up to 15 years in South Dakota State Penitentiary and fines up to $30,000. Vehicular battery causing serious bodily injury while DUI may be charged as a Class 4 felony (up to 10 years prison, $20,000 fine). Additional charges of aggravated assault or manslaughter may apply depending on circumstances. License revocation for vehicular homicide is a minimum of 2 years and may be permanent.
Underage DUI
Drivers under 21 with a BAC of 0.02% or above face an immediate 30-day license revocation for a first violation, 180 days for a second violation, and 1 year for a third. These are administrative penalties imposed by the South Dakota DOT. If the underage driver's BAC is 0.08% or above, full criminal DUI charges apply with the same penalties as adult drivers. The 24/7 Sobriety Program may be ordered for underage DUI offenders.
Diversion Programs
Program: 24/7 Sobriety Program / Suspended Imposition of Sentence
South Dakota is the birthplace of the nationally recognized 24/7 Sobriety Program, which requires participants to report for twice-daily breath testing (or wear a continuous alcohol monitoring bracelet) as a condition of bond or probation. Courts may also grant a suspended imposition of sentence for first-time DUI offenders, which can result in the conviction being set aside upon successful completion of probation conditions, effectively clearing the criminal record.
Eligibility: Suspended imposition of sentence is generally available for first-time DUI offenders at the court's discretion. The defendant must plead guilty and complete all probation conditions. The 24/7 Sobriety Program is available statewide and may be ordered at any stage of the criminal process. It is commonly required for second and subsequent DUI offenses and may be ordered for first offenses as well. Not all defendants are eligible for suspended imposition — repeat offenders and those with high BAC or aggravating factors may be excluded.
How Long a DUI Stays on Your Record
A DUI conviction remains on your South Dakota driving record permanently. Criminal records are also permanent unless the conviction was set aside through a suspended imposition of sentence. South Dakota allows sealing of some records, but DUI convictions are generally only clearable if a suspended imposition was granted and all conditions were completed. The 10-year lookback period applies only to penalty enhancement for new offenses, not to the record itself.
Key Statutes
- SDCL § 32-23-1
- Driving while under the influence of alcohol, drugs, or combination; prohibited BAC levels
- SDCL § 32-23-2
- DUI penalties by offense count; classification of offenses; mandatory minimums
- SDCL § 32-23-10
- Implied consent to chemical analysis; officer's duties; testing procedures
- SDCL § 32-23-11
- Revocation of driving privileges for refusal to submit to testing; hearing rights
- SDCL § 22-16-41
- Vehicular homicide while DUI; Class 3 felony classification and penalties
- SDCL § 1-11-12.1
- 24/7 Sobriety Program statutory authorization; testing requirements and program administration
Frequently Asked Questions
What is the penalty for a first DUI in South Dakota?
What is the 24/7 Sobriety Program in South Dakota?
How long does a DUI stay on your record in South Dakota?
When does a DUI become a felony in South Dakota?
What happens if you refuse a breathalyzer in South Dakota?
Can I get a restricted license after a DUI in South Dakota?
What is a suspended imposition of sentence in South Dakota?
What is the enhanced BAC threshold in South Dakota?
Related Guide
DUI license recovery in South Dakota→Step-by-step guide to getting your license back after a DUI in South Dakota — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.
Take Action — Direct Links
- South Dakota DPS — Driver Licensing (DUI Information)
Official South Dakota DPS page on DUI-related license revocations, reinstatement requirements, and restricted licenses
- South Dakota 24/7 Sobriety Program
Attorney General's office page on the 24/7 Sobriety Program including testing locations, enrollment, and participant information
- South Dakota Codified Laws — Title 32, Chapter 23
Full text of South Dakota DUI statutes including penalties, implied consent, and license revocation provisions
- South Dakota Unified Judicial System
Court resources including case search, forms, and information on DUI court procedures and sentencing
Related Resources on This Site
More for your state
- DUI RecoveryDUI license recovery in South Dakota
- SR22 InsuranceSR22 insurance in South Dakota
- License ReinstatementLicense reinstatement in South Dakota
- Ignition InterlockIgnition interlock (IID) in South Dakota
- Jobs by StateJobs for felons in South Dakota
- HousingSecond chance apartments in Sioux Falls, SD
- ExpungementSouth Dakota expungement guide
- Voting RightsFelon voting rights in South Dakota