Drunk driving - South Dakota License Suspension
Will my South Dakota License be suspended after DUI?South Dakota considers driving a privilege and under South Dakota's Implied Consent Laws drivers may face administrative penalties from the South Dakota Department of Motor Vehicles, which is a separate process from punishments following a criminal conviction for drunk driving in South Dakota, even if they are not convicted of drunk driving. In South Dakota there is a mandatory punishment for all drivers who refuse to take the blood alcohol content test or who take the test and have a blood alcohol concentration (BAC) which is above the maximum amount legally allowed in South Dakota (0.08%). Penalties assesses by the Department of Motor Vehicles for a first time drunk driving offense is a 30 day license suspension. If a driver is arrested a second time they are facing a one year South Dakota License suspension, and third time drunk driving offenders can face a 3 year license suspension. Drivers who refuse to submit to chemical testing will have their license suspended for one year even if they are not legally intoxicated. The license revocation typically starts on the 120th day following the South Dakota drunk driving arrest although the arresting officer will generally confiscate the drivers license at the time of the DUI arrest. Talk to a DUI lawyer about your DUI arrest to find out how to contest your license suspension through an Administrative Hearing. Hearings to challenge the license suspension can be requested within a specified time after the drunk driving arrest.
What happens after the Administrative Hearing?Drivers who lose at the Administrative License Hearing have the right to file an appeal, but they will have to continue to serve out the suspension until the court concludes their DUI case (qualifying drivers may be able to request and acquire a Limited Driving Privilege license). What if you lose at the appeal level? You will have to serve out the remaining time of your license suspension. Following your license suspension you may request a license reinstatement. If you win at the Administrative License Hearing or at the appeal level, your license will be given back to you.
Criminal Penalties for first drunk driving charge in South DakotaAs mentioned above, the Administrative License Suspension is just the first step in the penalties you can face after a drunk driving arrest. If you are convicted of drunk driving in South Dakota you may also face the following criminal penalties:
- Potential jail time for up to 48 hours
- Fines not to exceed $1,000
- Look back periods of 10 year. This means that if you are arrested for a second drunk driving charge within 10 years, in the state of South Dakota, it will be considered your second drunk driving charge. Drivers arrested for a drunk driving charge after 10 years will be considered first time DUI offenders.
- Drivers may be required to install an ignition interlock device.
- Potential community service or house arrest
What if I am caught driving with a suspended license in South Dakota?Do not drive with a suspended license. This can be considered a criminal offense and depending on the number of previous DUI convictions you have had in the past, you could face mandatory jail time.
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