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Under South Dakota law, if you are arrested for DUI, the arresting officer will confiscate your South Dakota driver license. You MUST schedule an administrative hearing to dispute this Administrative Suspension / Administrative Revocation or you could lose your license even if you are not convicted of Driving Under the Influence or Drunk Driving. It is a good idea to consult a DUI lawyer in order to protect your rights.

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Aurora	Day	Jackson	Perkins
Beadle	Deuel	Jerauld	Potter
Bennett	Dewey	Jones	Roberts
Bon Homme	Douglas	Kingsbury	Sanborn
Brookings	Edmunds	Lake	Shannon
Brown	Fall River	Lawrence	Spink
Brule	Faulk	Lincoln	Stanley
Buffalo	Grant	Lyman	Sully
Butte	Gregory	Marshall	Todd
Campbell	Haakon	McCook	Tripp
Charles Mix	Hamlin	McPherson	Turner
Clark	Hand	Meade	Union
Clay	Hanson	Mellette	Walworth
Codington	Harding	Miner	Yankton
Corson	Hughes	Minnehaha	Ziebach
Custer	Hutchinson	Moody
Davison	Hyde	Pennington

Implied Consent:
All 50 states have enacted laws regarding Implied Consent. Under South Dakota's implied consent law, any person who operates a motor vehicle in South Dakota is deemed to have consented to chemical testing to determine BAC or Blood Alcohol Content. Refusal to take such a test, or failure of such a test can have severe consequences.

South Dakota DUI Penalties

The first offense is treated as a Class 1 Misdemeanor. Imprisonment for up to a year and/or a fine of up to $2000 may be imposed.

Your license will be suspended for 30 days to a year.
The court may grant you restricted driving privileges to go to work and back as well as to attend counselling session mandated by it for part or all of the period of suspension.

The second offense is also treated as a Class 1 Misdemeanor. Imprisonment for up to a year and/or a fine of up to $2000 may be imposed.

Your license will be revoked for at least one year.
If you drive during that period, you will have to spend at least three days in jail.

The third offense is treated as a Class 6 Felony and may result in imprisonment for up to two years and/or a fine of up to $4000.

Your license will be revoked for at least a year from the date of sentencing or release from jail, whichever is later.
Driving during this period will attract a mandatory 10 days in jail

The fourth offense is treated as a Class 5 Felony and may result in imprisonment for up to five years and/or a fine of up to $10000.

Your license will be revoked for at least two years from the date of sentencing or release from jail, whichever is later.
Driving during this period will attract a mandatory 20 days in jail

The fifth or subsequent offense is treated as a Class 4 Felony and may result in imprisonment for up to ten years and/or a fine of up to $20000.

Your license will be revoked for at least three years from the date of sentencing or release from jail, whichever is later.
Driving during this period will attract a mandatory 20 days in jail

Our South Dakota Criminal Defense Lawyers have proven track records in representing those accused of drunk driving. Getting expert legal help with your South Dakota DUI can be affordable and easy. Many of our South Dakota DUI Lawyers offer a free initial case evaluation and flexible payment options.

South Dakota Drivers Information:
Motor Vehicle Department: http://www.state.sd.us/drr2/motorvehicle
DUI Laws: http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=32-23
Driver's Manual (.pdf) : http://www.state.sd.us/dps/dl/Online_Manuals/Drivers%20Manual%202008.pdf

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