BAC limit for adult drivers to drive in South Dakota counties is very much the same, which is .08% and below. Anything above .08% is illegal and valid enough for South Dakota authorities to charge the driver with DUI, or driving under the influence of alcohol or prohibited substance such as Amphetamine, Cocaine, Cocaine metabolite, Heroin, Morphine, Lysergic acid diethylamide, Marijuana, Methamphetamine and Phencyclidine. In the United States, DUI is considered as a federal offense and regardless if you were intoxicated or not at the time when police officers stopped you for DUI suspicion, a chemical test that shows you have a BAC level of .08% or above is enough for the authorities to apprehend you. 

If your BAC is below .08% but you were displaying some signs of inconsistencies, you could still be arrested for DUI. The moment an officer stops you for DUI suspicion in South Dakota, that officer has already established a reasonable ground to build a case against you by observing your driving pattern prior to the stop. You will be asked to take a field sobriety test and chemical test. You can exercise your right for self-incrimination but Implied Consent Law is in effect in South Dakota, so refusal to submit yourself for a test will result to license revocation and other penalties. 

Your first dui conviction in South Dakota is a Class 1 Misdemeanor offense. You can be jailed for a year but the court will decide whether or not it is necessary and pay the fine instead. It could be a combination though (Jail time + Fine of up to $2,000). South Dakota MVD (Motor Vehicles Divison) will suspend your license for a minimum of 30 days up to 1 year, but you can apply for a restricted drivers license if you meet the South Dakota MVD requirements. You also need to pay certain fees for the reinstatement of your license. 

So those are for first time offenders; just imagine the predicaments of repeat offenders. To avoid such troubles, call us for a South Dakota DUI Attorney. We will set you an appointment to one of the best South Dakota DUI Attorneys to represent you in court and help you with your DUI charges in South Dakota.