$750 ( $500 can be credited for treatment costs) Standard DWI - 2nd Inside Probation ary Period (2 years)ġ80 days in jail with 160 suspended (can be jail, work release or EM) If the BAC result is 0.17 or higher, the defendant must obtain a chemical dependency evaluation pursuant to statute. (2) If the BAC results are 0.17 or higher, the defendant must participate in the 24/7 program during the period of revocation in order to obtain a work permit. (1) Work Permit only if the defendant has a valid DL and insurance at the time of sentencing. Second Judicial Circuit (Updated April 2018) Standard DWI - 1st Fine:ģ0-45 days jail suspended (a dditional suspended days or even actual jail may be imposed if “aggravating factors” are present)Ĭourt costs, plus blood test cost of $75 (blood test cost is $195 with search warrant) For questions regarding the DWI laws in South Dakota, please refer to the South Dakota Codified Laws, Chapter 32-23. It is only the level at which a jury can presume that someone is under the influence of alcohol. That does not mean one can't be prosecuted for DWI with a blood test lower than. 08% alcohol by weight in the blood is the legal limit in South Dakota. The State legislature has determined that. The maximum penalty is 10 years in the penitentiary and a $20,000 fine, or both. If an individual is convicted of a DWI five times in a 10 year period and one of the four prior convictions was for a felony DWI, it is a class 4 felony. ![]() ![]() The maximum penalty is 5 years in the penitentiary and a $10,000 fine, or both. If an individual is convicted of a DWI four times in a 10 year period and one of the three prior convictions was for a felony DWI, it is a class 5 felony. The maximum penalty for a 3rd offense DWI is 2 years in the penitentiary and a $4,000 fine. If an individual is convicted of DWI three times in a 10 year period, it is a class 6 felony. History of alcohol related traffic offenses.Additional charges associated with the arrest such as possession of marijuana.Different factors that would affect standard sentences would be as follows: Multiple DWI convictions can result in a felony conviction and time in the state Penitentiary, as described below.Īlthough there are standard sentences for DWI offenses, these sentence recommendations are always subject to change at the discretion of the prosecutor. ![]() Additionally, one’s driver's license is revoked for a period of up to one year from conviction. The maximum penalty for DWI in South Dakota is one year in the county jail and a $2,000 fine, or both. It is also unlawful to drive or be in physical control of a motor vehicle while under the influence of marijuana or any controlled drug or substance to a degree which renders the driver incapable of safely driving. This offense is committed even if the driver is not "under the influence" as that term is defined in the preceding paragraph. 08 percent or more by weight alcohol in the blood. It is also a separate crime to drive or be in control of a motor vehicle with. The law defines "under the influence" to include not only all well known and easily recognized conditions and degrees of intoxication,but also any abnormal mental or physical condition which is the result of indulging any degree in an alcoholic beverage and which tends to deprive the driver of that clearness of intellect and control of oneself which the driver would otherwise possess. ![]() South Dakota law prohibits driving while intoxicated. Other's include loss of employment and even loss of family. Loss of a driver's license, substantial attorney fees, increased auto liability insurance costs, and time in the county jail or state penitentiary are some of the consequences of driving drunk. Drunk drivers kill and injure thousands every year. It is provided by statute in South Dakota that any person who drives, or is in actual physical control, of a motor vehicle while under the influence of alcohol, is guilty of a crime.
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