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|