A South Dakota DUI / DWI arrest can have serious or even life-changing implications for the driver, so it’s imperative to have an expert defense lawyer handling the case. The skilled attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com have the experience needed to defend a driving under the influence charge anywhere in South Dakota. During a free consultation, a top drunk driving attorney will outline a strategy designed to minimize the consequences of a DUI / DWI arrest.

South Dakota law makes it a crime for one to drive under the influence of alcohol and/or drugs. Under South Dakota’s “per se” law, it is illegal for any driver to have a blood alcohol content (BAC) of .08 percent or greater.

Under South Dakota’s implied consent law, any driver who operates a motor vehicle in the state has agreed to take a chemical test to determine BAC if he or she is lawfully arrested for a South Dakota drunk driving or drinking and driving offense.

A "vehicle" is broadly defined under South Dakota drunk driving laws. Riding a horse while under the influence of alcohol can result in a South Dakota DUI arrest. Likewise, riding a bicycle while under the influence of alcohol and/or drugs can lead to a DUI arrest.

Unlike many states, South Dakota does not have a separate administrative per se action against an accused drunk driver’s license. However, South Dakota’s Motor Vehicles Division will revoke or suspend the driver’s license of those convicted of driving while under the influence of alcohol or drugs.

South Dakota MVD consequences include a 30-day suspension for a first offense DUI / DWI, a one-year revocation for a second offense drinking and driving conviction, and a one-year revocation from sentence date or release from incarceration, whichever is longer, for a third-offense drunk driving conviction. Refusal to submit to a chemical test when lawfully requested by peace officer will result in a one-year suspension.

A South Dakota drunk driving court conviction also has numerous punishments, including jail, fines, mandatory alcohol educational programs, increased auto insurance, and more. Multiple drinking and driving convictions are punished more severely than first offenses.

There is a 10-year "washout" or "lookback" period in South Dakota for drunk driving cases. This means that a motorist arrested for DUI / DWI who has a prior drinking and driving conviction within the past 10 years will face a second-offense charge.

South Dakota DUI / DWI cases are prosecuted on either a traditional impairment theory, which focuses on the driver’s mental and physical condition, or on the violation of the state’s “per se” law, meaning the driver is alleged to have had a BAC of .08 percent or greater.

Traditional impairment cases are generally proved by evidence of driving patterns, physical appearance, performance on field sobriety tests, and chemical test results. In this instance, the chemical test results are used to show that the driver likely was impaired.

Chemical tests results are the primary evidence when it comes to proving a South Dakota per se case. Although prosecutors try to convince juries that a chemical test that shows a BAC of .08 percent or greater is ironclad evidence of a violation of per se laws, alcohol levels can fluctuate between the time a driver is behind the wheel and the time a test is given.

The bottom line is that chemical test results and other evidence in a South Dakota driving under the influence case can be effectively challenged by a skilled attorney. The expert local attorneys of 1. 800.NOT.DRUNK and www.NotDrunk.com have the knowledge needed to fight a drunk driving charge anywhere in South Dakota. During a free consultation, an experienced attorney will outline a proven defense strategy designed to protect the driver’s rights and keep negative consequences to a minimum.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.