South Dakota DUI Penalties — Fines, Jail & Probation
Common consequences to discuss with counsel.
First offense §32-23-1
A first DUI in South Dakota is classified as a Class 1 misdemeanor.
- Jail: none mandatory minimum to 1 year maximum
- Fine: $0 to $2,000
- License suspension: court must revoke for not less than 30 days; court may permit driving for employment, school, treatment, and similar purposes
- Substance abuse program: chemical dependency evaluation and recommended treatment
- Community service: may be ordered by court
- Probation: available
Second offense
- Jail: 10 days minimum to 1 year maximum
- Fine: $0 to $2,000
- License suspension: 1 year
Third and subsequent offenses
- Jail/prison: no statutory minimum (Class 6 felony) minimum to 2 years maximum
- Fine: $0 to $4,000
- License suspension: 1 year
- Felony threshold: third offense within 10 years is a Class 6 felony
Penalty comparison by offense tier
| Offense | Jail Range | Fine Range | License Suspension | |
|---|---|---|---|---|
| First DUI | none mandatory–1 year §32-23-1 | $0–$2,000 §32-23-1 | court must revoke for not less than 30 days; court may permit driving for employment, school, treatment, and similar purposes §32-23-1 | |
| Second DUI | 10 days–1 year §32-23-1 | $0–$2,000 §32-23-1 | 1 year §32-23-1 | |
| Third DUI | no statutory minimum (Class 6 felony)–2 years §32-23-1 | $0–$4,000 §32-23-1 | 1 year §32-23-1 |
Lookback period
South Dakota uses a 10 years Lookback period to determine how prior offenses affect sentencing. Only DUI convictions within this window count toward the escalating penalty tiers.
Enhanced penalties for aggravating factors
- Prior DUI within 10 years
- Child under 15 in vehicle (aggravated DUI charge)
- Serious injury or death
What these penalties mean in practice
Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
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