I just got arrested for a State of South Dakota DUI charge. What happens next?
ISSUE ONE:The South Dakota Implied Consent / Administrative License Revocation Proceeding: Under South Dakota law, any person who operates any vehicle in the State of South Dakota is considered to have given consent to the withdrawal of his or her blood or other bodily substance and chemical analysis of the person s blood, breath, or other bodily substance to determine the amount of alcohol in the person s blood and to determine the presence of marijuana or any controlled drug or substance or any substance ingested, inhaled, or otherwise taken into the body or any other substance that may render a person incapable of safely driving.
This is known as South Dakota s implied consent law.
Pursuant to South Dakota s implied consent law, your South Dakota drivers license (or your right to drive in South Dakota if you re not a South Dakota licensed driver) was likely revoked for one year if you refused a chemical (breath / blood / urine) test. This revocation typically starts on the 120th day following your SD DUI arrest.
Read your paperwork carefully. If you act within 120 days, you can request a hearing from the secretary of public safety to challenge this proposed administrative revocation. If the secretary of public safety finds that the police officer complied with the law and the refusal was made, the secretary will revoke your license to drive and (or your right to drive in South Dakota if you did not have a valid South Dakota license at the time of your arrest).
Speak to your South Dakota attorney for more information about contesting your administrative (implied consent) license revocation.
ISSUE TWO:The South Dakota DUI Criminal Case: Separate from the administrative license proceeding is the criminal charge for driving under the influence (DUI). In South Dakota, it is unlawful to drive or be in actual physical control of any vehicle while:
(1) There is 0.08 percent or more by weight of alcohol in your blood as shown by chemical analysis of your breath, blood, or other bodily substance (sometimes known as a per se DUI);
(2) You are under the influence of an alcoholic beverage, marijuana, or any controlled drug or substance not obtained pursuant to a valid prescription, or any combination of an alcoholic beverage, marijuana, or such controlled drug or substance;
(3) You are under the influence of any controlled drug or substance obtained pursuant to a valid prescription, or any other substance, to a degree which renders you incapable of safely driving; or
(4) You are under the combined influence of an alcoholic beverage and or any controlled drug or substance obtained pursuant to a valid prescription, or any other substance, to a degree which renders the person incapable of safely driving.
If you are under twenty-one years of age. it is unlawful to drive, operate, or be in actual physical control of any vehicle:
(1) If there is physical evidence of 0.02 percent or more by weight of alcohol in the person s blood as shown by chemical analysis of the person s breath, blood, or other bodily substance; or
(2) After having consumed marijuana or any controlled drug or substance for as long as physical evidence of the consumption remains present in the person s body.
Important: The implied consent / administrative license revocation proceeding and the criminal DUI case are completely separate from one another.
Will my South Dakota driver license be suspended or revoked?
RELATED TO ISSUE ONE ABOVE: Your South Dakota driver license (or your right to drive in South Dakota if you do not have a valid South Dakota license) may be revoked in the implied consent proceeding for refusing a chemical test for alcohol and / or drugs. This revocation is for one year.
Again, you may challenge this proposed revocation in an administrative hearing this revocation if you make a timely hearing request.
RELATED TO ISSUE TWO ABOVE: If you are convicted of the DUI charge, your South Dakota license (or your right to drive in South Dakota if you don t have a valid license) for between 30 days and three years depending on your DUI / DWI history.
What happens if I get caught driving while my license is revoked?
Driving while your license is revoked for a test refusal or a DUI conviction should be avoided, as it is a separate criminal offense. If you have more than one DUI conviction in the past 10 years, and you are convicted of driving after a revocation, you face mandatory jail time.
I really need to drive. Will I be able to get a restricted license / work permit / occupational / conditional / probationary permit?
If you re convicted of the DUI charge, the court has the discretion to authorize limited driving privileges for the period of your revocation. If granted, these privileges generally allow you to operate a vehicle for purposes of employment, sobriety testing, school attendance, and for counseling programs.
If you re revoked for refusing a breath test, the secretary of public safety may authorize you to drive for employment purposes.
What is the difference between a DUI, DWI, OWI, OUI etc.
These terms are all acronyms that refer to the crime commonly known as drunk driving. Different states have different names for the crime. For example, in Iowa the acronym OWI (operating while impaired / intoxicated) is used; New York, Texas and other states use the term DWI (driving while intoxicated); Oregon uses the term DUII (driving under the influence of an intoxicant). South Dakota law refers to: driving under the influence (DUI) and actual physical control (APC).
Is a DWI offense in South Dakota a misdemeanor or felony charge?
In South Dakota, a first or second DUI conviction within a 10 year period is a misdemeanor charge. If you are convicted of a third or subsequent DUI within a 10 year period, it is a felony offense.
What type of penalties might I face if I am convicted of an South Dakota DUI / Aggravated DWI charge?
Upon conviction of an South Dakota drunk driving offense, a defendant can receive a variety of penalties. A range of penalties is set forth below:
SOUTH DAKOTA DUI PENALTY CHART