DUI License Recovery in South Dakota
A first DUI in South Dakota results in a 30-day to 1-year license revocation, up to $2,000 in fines, and up to 1 year in jail. You can apply for a restricted license after completing a court-approved chemical dependency program. SR-22 insurance is required for 3 years, and the reinstatement fee is $50-$200. IID may be ordered by the court but is not mandatory for a first offense.
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Overview
South Dakota prohibits driving under the influence (DUI) with a BAC of 0.08% or higher, 0.04% for commercial drivers, and 0.02% for drivers under 21. IID is at judicial discretion with no statewide mandate for first offenses, though courts can order it and the state's 24/7 Sobriety Program may require continuous alcohol monitoring. A first offense DUI is a Class 1 misdemeanor. A second offense is also a Class 1 misdemeanor. A third offense within 10 years is a Class 6 felony. A fourth offense is a Class 5 felony. South Dakota uses a 10-year lookback period for penalty enhancement.
Quick Answer
A first DUI in South Dakota results in a 30-day to 1-year license revocation, up to $2,000 in fines, and up to 1 year in jail. You can apply for a restricted license after completing a court-approved chemical dependency program. SR-22 insurance is required for 3 years, and the reinstatement fee is $50-$200. IID may be ordered by the court but is not mandatory for a first offense.
Suspension Rules
| Offense | Suspension |
|---|---|
| 1st Offense | 30-day to 1-year license revocation. Restricted license may be available after meeting program requirements. A first offense DUI is a Class 1 misdemeanor. |
| 2nd Offense | 1-year minimum license revocation. Restricted license possible after completing a court-approved chemical dependency program. Second offense is also a Class 1 misdemeanor with up to 1 year jail and $2,000 fine. |
| 3rd Offense | 1-year minimum license revocation (Class 6 felony). Must be within 10 years. Carries up to 2 years in the state penitentiary and up to $4,000 in fines. |
| Refusal | Refusing a chemical test results in an automatic 1-year license revocation under South Dakota's implied consent law. The refusal can also be used as evidence at trial. Penalties are separate from any criminal DUI charges. |
Ignition Interlock Device (IID) Requirements
South Dakota leaves IID requirements to judicial discretion. There is no statewide mandate for first offenses, but courts may order IID installation as a condition of probation or for a restricted license. The state's 24/7 Sobriety Program, which requires twice-daily breath tests or continuous alcohol monitoring, is often used as an alternative or supplement to IID for repeat offenders.
SR-22 Insurance
SR-22 is a certificate of financial responsibility filed by your insurance company with the South Dakota Motor Vehicle Division (MVD) confirming you carry at least the state minimum liability coverage ($25,000/$50,000 bodily injury, $25,000 property damage). You must obtain SR-22 before the MVD will reinstate your license or issue a restricted license.
Reinstatement Process
Fee: $50-$200 reinstatement fee depending on the nature of the suspension, plus any applicable application fees | Timeline: Reinstatement available after the full revocation period is served and all conditions are met. Restricted license may be available earlier for second and third offenders who complete the chemical dependency program. Processing time varies by exam station location.
Serve Full Revocation Period
Serve the full court-ordered license revocation period: 30 days minimum for a first offense, 1 year for a second offense, or 1 year for a third or subsequent offense. No driving during revocation unless a restricted license is granted.
Complete Alcohol Evaluation and Treatment
Complete a court-approved chemical dependency evaluation and any recommended treatment program. This is required both by the court and by the MVD for reinstatement.
Complete 24/7 Sobriety Program (If Ordered)
If ordered by the court, participate in and complete the 24/7 Sobriety Program, which requires twice-daily breath tests or continuous alcohol monitoring. The program costs up to $3 per day.
Install IID (If Ordered)
If the court ordered an IID, have it installed by an approved vendor and provide proof of installation to the MVD.
Obtain SR-22 Insurance
Purchase SR-22 insurance from a licensed South Dakota insurer. The insurer will file the SR-22 certificate directly with the South Dakota MVD.
Pay Reinstatement Fee and Apply
Pay the $50-$200 reinstatement fee and submit all required documentation at a South Dakota Department of Public Safety exam station.
DUI Penalties
| Offense | Penalties |
|---|---|
| 1st Offense | Class 1 misdemeanor: up to 1 year in jail, up to $2,000 in fines plus court costs, 30-day to 1-year license revocation. Court may order chemical dependency evaluation, treatment, community service, and/or 24/7 Sobriety Program. |
| 2nd Offense | Class 1 misdemeanor: up to 1 year in jail (typical sentence 0-40 days with alternatives like electronic monitoring or work release available), up to $2,000 in fines, 1-year minimum license revocation. IID commonly ordered for approximately 2 years. |
| 3rd Offense | Class 6 felony (within 10 years): up to 2 years in the state penitentiary, up to $4,000 in fines, 1-year minimum license revocation. Restricted license possible after completing chemical dependency program. |
| Felony DUI | Fourth offense (Class 5 felony): up to 5 years in the state penitentiary, up to $10,000 in fines, mandatory 2-year minimum license revocation. A DUI causing serious injury or death carries additional felony charges with significantly enhanced penalties. |
BAC limit: 0.08% for standard drivers; 0.04% for commercial vehicle operators; 0.02% for drivers under 21. South Dakota also prohibits driving with any detectable amount of marijuana or a controlled substance in the driver's system. | Lookback period: 10 years — South Dakota counts prior DUI convictions within a 10-year period for penalty enhancement. A DUI conviction older than 10 years does not count toward enhanced penalties for a subsequent offense.
Hardship / Restricted License
South Dakota offers restricted driver's licenses for DUI offenders who need to drive for essential purposes. The restricted license may allow driving for work, school, medical appointments, and other necessities. Second and third time offenders may be eligible if they complete a court-approved chemical dependency program. The court may require IID or 24/7 Sobriety Program participation as conditions.
Edge Cases
What is the 24/7 Sobriety Program in South Dakota?
The 24/7 Sobriety Program is a court-ordered monitoring program that requires DUI offenders to submit to twice-daily breath tests or wear a continuous alcohol monitoring device. It costs up to $3 per day. The program is commonly ordered for repeat offenders and may be used as an alternative to or alongside IID requirements.
Can I get a restricted license after a DUI in South Dakota?
Yes. South Dakota allows restricted licenses for DUI offenders who demonstrate essential need for driving. First offenders may apply during the revocation period. Second and third offenders must complete a court-approved chemical dependency program. The court may impose IID or 24/7 Sobriety Program conditions.
What happens if I refuse a chemical test in South Dakota?
Refusing a chemical test triggers an automatic 1-year license revocation under South Dakota's implied consent law, separate from any criminal DUI penalties. The fact of refusal can be used as evidence at trial. You have the right to request an administrative hearing within 10 days of the refusal.
When does a South Dakota DUI become a felony?
A third DUI within 10 years is a Class 6 felony (up to 2 years in prison, $4,000 fine). A fourth DUI is a Class 5 felony (up to 5 years in prison, $10,000 fine). A DUI causing serious injury or death can also be charged as a felony regardless of prior offenses.
Frequently Asked Questions
- How long after a South Dakota DUI can I drive again?
- For a first DUI, the license revocation period is 30 days to 1 year. You may be eligible for a restricted license during the revocation period. For repeat offenders, the minimum revocation is 1 year, but a restricted license may be available after completing a chemical dependency program.
- How much does a South Dakota DUI cost in total?
- A first DUI in South Dakota typically costs $4,000-$10,000+ when factoring in fines (up to $2,000), court costs, attorney fees ($2,000-$5,000+), chemical dependency evaluation and treatment ($200-$1,000+), 24/7 Sobriety Program (if ordered, up to $3/day), IID costs (if ordered, $950-$1,350/year), SR-22 insurance increase ($300-$800/year), and the reinstatement fee ($50-$200).
- Is IID mandatory for a first DUI in South Dakota?
- No. South Dakota does not mandate IID for a standard first-offense DUI. However, the court has discretion to order IID as a condition of probation or for a restricted license. IID is more commonly ordered for repeat offenses.
- Can I refuse a breathalyzer in South Dakota?
- You can refuse, but South Dakota's implied consent law means refusal results in an automatic 1-year license revocation. The refusal can also be used as evidence against you in court.
- Does South Dakota have a zero-tolerance policy for underage drivers?
- Effectively, yes. Drivers under 21 can be charged with DUI with a BAC of just 0.02% or higher, and any detectable amount of marijuana or a controlled substance in their system also triggers DUI charges.
Video Guides
Take Action — Direct Links
- Intoxalock — South Dakota IID Requirements
IID provider page with South Dakota-specific requirements, installation locations, and cost information.
- South Dakota Legislature — DUI Statutes (Chapter 32-23)
Official South Dakota statutes for driving under the influence laws, penalties, and procedures.
- DrivingLaws.org — South Dakota DUI Laws
Comprehensive overview of South Dakota DUI laws and penalty structure by offense level.
- FindLaw — South Dakota DUI Laws
Overview of South Dakota DUI laws including BAC limits, penalties, and implied consent provisions.