South Dakota

It is important to note that unlike most other states, in South Dakota you can be charged with a DUI even if your BAC measures below .08 and the officer determines that you were not capable of operating your motor vehicle safely. If convicted of a DUI in the state, it is possible that you will be required to participate in a 24/7 state-issued sobriety program, wherein you will be regularly tested for substance abuse. As a result of this program, you may be compelled by the state to install an ignition interlock device in each car that you own or is registered in your name.

Offense Fine Jail Time Suspension Period
1st $2000 or less 1 year or less 1 year or less
2nd $2000 or less 1 year or less 1 year or less
3rd $4000 or less 2 years or less 1 year or less
4th $10000 or less 5 years or less 2 years or less
5th $20000 or less 10 years or less 3 years or less