DUI vs. DWI Laws in South Dakota

What is the legal difference between DUI and DWI in South Dakota?

In South Dakota, DWI stands for “Driving While Intoxicated” while DUI stands for “Driving Under the Influence.” Although these two terms are often used interchangeably, they represent two different offences. DWI applies to those who have been found to be driving while impaired by alcohol and/or drugs, while DUI applies to those who have been found to be driving with a blood alcohol content of .08 or higher.

Is there a distinct BAC limit for determining DUI vs. DWI in South Dakota?

No, South Dakota does not have a distinct BAC limit for determining DUI vs. DWI. However, the legal limit for driving in South Dakota is 0.08%. If a driver’s BAC is higher than 0.08% they can be charged with either DUI or DWI, depending on the circumstances of the case.

Are there different penalties for DUI and DWI convictions in South Dakota?

Yes, there are different penalties for DUI and DWI convictions in South Dakota. For a DUI conviction, a person may face a fine of up to $1,000, jail time of up to one year, license suspension for up to 30 days, and potential enrollment in an alcohol education program. For a DWI conviction, a person may face a fine of up to $2,000, jail time of up to one year, license suspension for up to 90 days, and potential enrollment in an alcohol education program.

How do DUI and DWI offenses affect an individual’s driving record in South Dakota?

In South Dakota, a DUI or DWI conviction will remain on an individual’s driving record for life, and will result in the suspension of driving privileges for a minimum of 30 days. The individual will also be required to pay a fine, complete an alcohol assessment, and attend alcohol classes. Depending on the severity of the offense, other penalties may apply such as jail time, community service, or increased fines.

Do DUI and DWI convictions result in the suspension or revocation of a driver’s license in South Dakota?

Yes. A DUI or DWI conviction in South Dakota will result in the suspension or revocation of a driver’s license. The length of the suspension or revocation depends on the severity of the offense and the number of prior offenses.

Are there variations in the definition of impairment for DUI vs. DWI in South Dakota?

Yes, there are variations in the definition of impairment for DUI vs. DWI in South Dakota. Under South Dakota law, DUI is defined as driving under the influence of alcoholic beverages or drugs, or a combination of both, to a degree that renders the person incapable of safely driving a motor vehicle. DWI is defined as driving with a blood alcohol concentration (BAC) of 0.08 or higher.

What factors influence whether a DUI or DWI charge is pursued in South Dakota?

1. Blood Alcohol Concentration (BAC): Generally, the higher the BAC, the more likely a DUI or DWI charge will be pursued.

2. Prior Offense: If an individual has a prior offense, it is more likely the state will pursue a DUI or DWI charge.

3. Injury or Death: If an individual’s driving under the influence has resulted in any injury or death, it is very likely a DUI or DWI charge will be pursued.

4. Refusal to Submit to Breathalyzer Test: Refusing to submit to a breathalyzer test can result in automatic DUI or DWI charges being pursued.

5. Other Traffic Violations: If an individual is pulled over for any other traffic violations and officers detect signs of intoxication, it is more likely that a DUI or DWI charge will be pursued.

6. Law Enforcement: Different law enforcement agencies may have different policies on how they approach DUI or DWI charges as well as what penalties they will seek.

Is there a mandatory minimum jail time for DUI or DWI convictions in South Dakota?

No, there is no mandatory minimum jail time for DUI or DWI convictions in South Dakota. However, judges have the discretion to issue jail time as part of a sentence if they deem it necessary. Additionally, if the driver has prior convictions, the court may impose harsher penalties including jail time.

How do DUI and DWI offenses impact insurance rates in South Dakota?

The impact of a DUI or DWI on insurance rates in South Dakota is significant. Depending on the severity of the offense, drivers convicted of a DUI or DWI can expect to pay significantly higher premiums for several years. Insurance companies consider drivers with DUI and DWI convictions to be high risk, and as such they often pay much higher premiums than those without a criminal record. Additionally, most insurance companies require drivers with a DUI or DWI conviction to purchase SR-22 insurance, which is another costly expense.

Are there diversion or rehabilitation programs available for DUI or DWI offenders in South Dakota?

Yes, there are diversion and rehabilitation programs available for DUI or DWI offenders in South Dakota. The state offers an Impaired Driver Education (IDE) program to first-time offenders. The program consists of a six-hour educational class that helps offenders understand the dangerous consequences of drinking and driving. Additionally, South Dakota also offers a 24/7 Sobriety Program, which requires certain DUI/DWI offenders to submit to twice daily breathalyzer tests or wear an alcohol monitoring bracelet. Both programs help deter repeat offenses and provide accountability for offenders while helping them avoid harsher punishments.

What role does the age of the offender play in DUI vs. DWI charges in South Dakota?

In South Dakota, the age of the offender can play a significant role in determining the type of charge they face. If an offender is under 21 years old, they cannot be charged with DUI; rather, they will be charged with DWI (Driving While Intoxicated). This is because South Dakota has a zero-tolerance policy for underage drinking and driving. For those over 21, the charge will be determined by the blood alcohol content (BAC) level. A BAC level of .08% or higher results in a charge of DUI (Driving Under the Influence).

Do DUI and DWI laws differ for commercial drivers or CDL holders in South Dakota?

Yes, DUI and DWI laws are different for commercial drivers or CDL holders in South Dakota. Commercial drivers or CDL holders must not have a blood alcohol content (BAC) level of .04 or higher. This is lower than the legal limit of .08 for regular drivers. Additionally, a commercial driver may face life-time license revocation after one DUI or DWI conviction while a regular driver may only face a suspension of 6 months – 1 year.

Reference:
https://www.jandilsattorneys.com/sd-dui-dwi-law/commercial-drivers-cdl-dui-dwi-south-dakota/

How do DUI and DWI convictions affect employment opportunities in South Dakota?

Like all states, employers in South Dakota are free to ask job candidates about prior convictions on a job application. Typically, DUI and DWI convictions are considered a red flag by employers, and are likely to be viewed as a negative indicator of an applicant’s character. Depending on the severity of the conviction, employers may decide not to hire or even terminate an employee with a DUI or DWI conviction.

Are there enhanced penalties for DUI or DWI convictions with prior offenses in South Dakota?

Yes. If you are convicted of DUI/DWI in South Dakota and have one or more prior convictions within the past ten years, you may face enhanced penalties. These could include increased fines, longer jail time, and an extended license suspension.

Is there a difference in penalties for DUI vs. DWI involving drugs other than alcohol in South Dakota?

Yes, there is a difference in the penalties for DUI vs. DWI involving drugs other than alcohol in South Dakota. For an offense involving drugs (other than alcohol) South Dakota’s laws impose a harsher penalty than for alcohol-related offenses. For a first offense DUI/DWI involving drugs, the penalty includes up to 1 year in jail, a fine of up to $2,000, and/or community service. A second offense carries a penalty of up to 2 years in jail, a fine of up to $4,000, and/or community service.

What are the legal rights and procedures for individuals arrested for DUI or DWI in South Dakota?

In South Dakota, any individual arrested for driving under the influence (DUI) or driving while impaired (DWI) must comply with certain legal rights and procedures. Upon arrest, the individual has the right to remain silent and to have an attorney present during questioning. The individual must also submit to chemical testing for blood alcohol concentration (BAC). If the individual refuses to submit to testing, their license will be automatically suspended.

The individual will be taken before a judge to determine probable cause of the DUI/DWI arrest. The individual has the right to challenge the charges and can request a pretrial conference with the prosecutor to negotiate a plea agreement. If the individual pleads guilty, they may be subject to fines, court costs, license suspension or revocation, jail time, alcohol treatment or education courses, community service, and/or probation.

Can DUI and DWI charges be expunged or removed from one’s record in South Dakota?

No, DUI and DWI charges cannot be expunged or removed from one’s record in South Dakota. The only way to have the charges removed from your record is to be pardoned by the governor.

Do DUI and DWI laws apply differently to minors or underage drivers in South Dakota?

Yes. In South Dakota, the legal drinking age is 21. Driving under the influence (DUI) or driving while intoxicated (DWI) laws apply differently to minors or underage drivers. For a driver under the legal drinking age, the legal limit of alcohol is a blood alcohol concentration (BAC) of 0.02. Any BAC over this limit will result in license suspension and criminal charges as a minor in possession of alcohol. These charges will carry more severe penalties than those for adults over 21.

How can individuals access legal representation when facing DUI or DWI charges in South Dakota?

Individuals facing DUI or DWI charges in South Dakota can access legal representation by contacting a local attorney or law firm that specializes in DUI defense. Many of these attorneys offer free consultations, so it is important for individuals to take advantage of this opportunity to discuss their case and determine the best course of action. Additionally, individuals can access legal help through organizations like the South Dakota Bar Association, which provides resources for finding and selecting a qualified lawyer for DUI defense.

What resources are available to help individuals understand and navigate DUI vs. DWI laws in South Dakota?

1. The South Dakota Department of Public Safety provides a comprehensive overview of the state’s DUI/DWI laws and penalties on its website.

2. The South Dakota Bar Association provides legal education materials and other resources related to DUI/DWI laws in the state.

3. The National Highway Traffic Safety Administration (NHTSA) offers information and resources related to DUI/DWI laws and penalties in South Dakota.

4. Mothers Against Drunk Driving (MADD) has a local chapter in South Dakota and provides educational materials, support for victims, and advocacy services related to DUI/DWI laws in the state.

5. Local DUI/DWI attorneys can provide knowledgeable legal advice about the laws in South Dakota, as well as tips for handling a DUI/DWI charge.