Felony DUI in South Dakota

What constitutes a Felony DUI in our state, and how is it different from a misdemeanor DUI in South Dakota?

In South Dakota, a Felony DUI is defined as a third or subsequent DUI conviction within 10 years of the first offense, or driving under the influence resulting in the death or serious bodily injury of another person. A Felony DUI conviction carries a sentence of up to 5 years in prison and/or fines of up to $10,000.

A misdemeanor DUI in South Dakota is defined as a first or second DUI conviction within 10 years, or driving under the influence with a blood alcohol concentration (BAC) of .08% or higher. A misdemeanor DUI carries a sentence of up to 1 year in jail and/or fines of up to $2,000.

Are there specific criteria or aggravating factors that elevate a DUI to a felony in South Dakota?

Yes, there are several criteria that can elevate a DUI charge to a felony in South Dakota. If a person has three or more prior DUI convictions within the last 10 years, they can be charged with a felony. Additionally, if someone is driving with a suspended license due to a prior DUI conviction, they can be charged with a felony. If someone causes death or great bodily injury while driving under the influence, they can also be charged with a felony. Finally, if someone is found to have a BAC of .17 or higher, they can be charged with an aggravated DUI that is a felony offense.

How many prior DUI convictions are necessary for a DUI to be considered a felony in South Dakota?

In South Dakota, a DUI is considered a felony if the individual has three or more prior DUI convictions.

What are some common aggravating factors that can lead to a Felony DUI charge in South Dakota?

1. Driving with a blood alcohol concentration (BAC) of 0.16% or higher.

2. Driving under the influence of a controlled substance.

3. Causing an accident resulting in serious bodily harm or death.

4. Committing a DUI while transporting a minor as a passenger.

5. Having prior DUI convictions within a certain time period.

6. Driving without a valid license or with a suspended license due to a prior DUI conviction or other reasons.

What are the potential penalties and consequences of a Felony DUI conviction in South Dakota?

The potential penalties and consequences of a Felony DUI conviction in South Dakota are as follows:

• Imprisonment: A felony DUI conviction in South Dakota carries a prison sentence of up to five years.

• Fines: A convicted individual can be fined up to $10,000 in addition to court costs, attorney fees, and other costs associated with the conviction.

• License Suspension: A convicted individual may have their license suspended for up to one year.

• Ignition Interlock Device: A convicted individual may be required to install an ignition interlock device on their vehicle for up to one year.

• Probation: A convicted individual may be placed on probation for up to one year and could be required to participate in an alcohol treatment program.

• Educational Program: A convicted individual may be required to attend an alcohol awareness class.

• Community Service: A convicted individual may be required to perform community service hours.

• Vehicle Forfeiture: A convicted individual may face vehicle forfeiture if their offense involved a motor vehicle.

Is there a mandatory minimum sentence for Felony DUI convictions in South Dakota?

No, there is no mandatory minimum sentence for Felony DUI convictions in South Dakota. Felony DUIs are considered a Class 6 felony in South Dakota and the punishment may vary depending on the specifics of the case.

How do prior DUI convictions from other states impact Felony DUI charges in South Dakota?

If an individual has prior DUI convictions from other states, those convictions can be used to enhance any potential felony DUI charges in South Dakota. Depending on the sentencing guidelines for each state, prior convictions may not have an impact on sentencing, but they can still be used to enhance the severity of the charge. For instance, if an individual has two prior DUI convictions from other states and is charged with a third DUI offense in South Dakota, the third offense may be considered a felony instead of a misdemeanor.

Can a Felony DUI result from DUI-related accidents causing injury or death in South Dakota?

Yes, a felony DUI can result from DUI-related accidents causing injury or death in South Dakota. This is a Class 5 or Class 6 felony, depending on the circumstances of the case.

Are there distinctions in penalties between Felony DUI and DUI involving drugs in South Dakota?

Yes, there are distinctions in penalties between felony DUI and DUI involving drugs in South Dakota. Penalties for felony DUI can include up to 10 years in prison, a fine of up to $10,000, and a mandatory license suspension of up to 10 years. Penalties for a DUI involving drugs can include up to 1 year in prison, a fine of up to $2,000, and a license suspension of up to 2 years.

Do commercial driver’s license (CDL) holders face unique consequences for Felony DUI in South Dakota?

Yes, commercial driver’s license (CDL) holders face unique consequences for Felony DUI in South Dakota. Under South Dakota law, CDL holders convicted of a third or subsequent Felony DUI will have their CDL privileges revoked for a period of 10 years. Additionally, the driver will be required to complete an alcohol and drug rehabilitation program before their CDL privileges can be reinstated.

What is the role of ignition interlock devices (IIDs) in Felony DUI cases in South Dakota?

Ignition interlock devices (IIDs) are used in South Dakota in felony DUI cases to help ensure that individuals convicted of a DUI do not drive after consuming alcohol. Offenders convicted of a felony DUI in South Dakota are typically required to have an IID installed in their vehicle for an extended period of time. The device requires the driver to take a breath test before starting the vehicle and will prevent the vehicle from starting if any detectable amount of alcohol is found in the driver’s system. The length of time an IID is required to remain on the vehicle and the frequency of breath tests required is determined by the court at sentencing.

Is there a possibility for plea bargains or reduced charges in Felony DUI cases in South Dakota?

Yes, plea bargains or reduced charges in felony DUI cases are possible in South Dakota. A qualified attorney can help you negotiate a plea bargain in your case. There are a variety of ways plea bargains can be negotiated, such as reducing the charge to a lesser offense or agreeing to a certain sentence.

Can individuals with Felony DUI convictions regain their driving privileges in South Dakota?

Yes, individuals with felony DUI convictions in South Dakota can regain their driving privileges. Under South Dakota law, a person convicted of a felony DUI may have his or her license reinstated after five years of no further alcohol or drug-related traffic offenses. The individual must also complete any court-ordered treatment or rehabilitation program and pay all associated fines and fees.

How does a Felony DUI affect employment opportunities and background checks in South Dakota?

In South Dakota, a felony DUI conviction will have a significant impact on one’s employment opportunities and ability to pass a background check. Employers are legally allowed to ask if an applicant has been convicted of a felony, and it is considered illegal discrimination for an employer not to consider an applicant solely based on their criminal record.

A felony DUI conviction in South Dakota can result in a permanent criminal record that can prevent an individual from obtaining certain jobs or professional licenses. It also could lead to a person being denied public housing, student loans, or other government benefits. Furthermore, a felony DUI conviction may show up on background checks for years to come, which could adversely affect one’s ability to obtain employment.

Are there diversion programs or rehabilitation options for Felony DUI offenders in South Dakota?

Yes, there are diversion programs and rehabilitation options for felony DUI offenders in South Dakota. The South Dakota Department of Corrections offers a Sobriety Court Program, which is a court-supervised program for felony DUI offenders. The program provides an individualized program of rehabilitation, treatment, and monitoring. Additionally, the South Dakota 24/7 Sobriety Program provides intensive supervision and monitoring of an offender’s sobriety. The program requires court-ordered alcohol testing and includes the use of remote breath testing, transdermal alcohol monitoring, and intensive case management for each participant. Other alternatives to incarceration are also available, such as short-term jail sentences, home confinement, electronic monitoring, community service, and treatment.

What rights and legal options do individuals charged with Felony DUI have in South Dakota?

Individuals charged with Felony DUI in South Dakota have the same rights and legal options as those charged with any other felony in the state. These include the right to remain silent, the right to be represented by an attorney, and the right to a speedy trial. Defendants can enter a plea of guilty, not guilty, or no contest, or they can choose to have a jury trial. They may also choose to try to negotiate a plea bargain with the prosecutor. Further, they may be eligible for alternative sentencing programs such as drug court or mental health court. Finally, if convicted, they may be eligible for sentence reductions by taking part in programs such as substance abuse treatment and community service.

Can a Felony DUI conviction impact child custody and visitation rights in South Dakota?

Yes, a felony DUI conviction can impact child custody and visitation rights in South Dakota. Depending on the severity of the felony DUI conviction, it may negatively impact the parent’s ability to have custody or visitation rights. A court may determine that a parent who has been convicted of a felony DUI is not fit to care for a child, or that the parent is an unsuitable role model, and therefore deny custody or visitation rights.

Is there a statute of limitations for prosecuting Felony DUI cases in South Dakota?

Yes, there is a statute of limitations for prosecuting felony DUI cases in South Dakota. Felony DUI cases must be prosecuted within three years of the date of the alleged offense.

How does our state handle out-of-state DUI convictions in relation to Felony DUI charges in South Dakota?

In South Dakota, if a person is convicted of a DUI in another state, it will still be considered a DUI and can be used to enhance future sentences if the person is convicted of a DUI in South Dakota. However, if the person is convicted of a felony DUI in another state, it will not be treated as a felony in South Dakota and will be treated as a misdemeanor. In order to be charged with a felony DUI in South Dakota, the individual must have three or more prior DUI convictions or an aggravated DUI with an injury accident or death within 10 years prior to the current charge.

What resources or organizations provide support and guidance for individuals facing Felony DUI charges in South Dakota?

1. South Dakota State Bar Association: The South Dakota State Bar Association provides legal resources and referrals to individuals facing felony DUI charges in South Dakota. This includes a list of experienced criminal defense attorneys who are familiar with the laws of the state and can provide legal advice and representation.

2. South Dakota Department of Corrections: The South Dakota Department of Corrections provides resources and assistance for individuals facing felony DUI charges in the state. This includes information on sentencing guidelines and the option to enroll in an alcohol treatment program as part of a plea deal.

3. Mothers Against Drunk Driving (MADD): MADD is a national organization dedicated to preventing drunk driving, providing support to those affected by it, and advocating for tougher laws on drunk drivers. MADD offers free support and guidance to individuals facing felony DUI charges in South Dakota, including information on penalties, defense strategies, and local resources.

4. South Dakota Department of Health: The South Dakota Department of Health provides guidance for individuals facing felony DUI charges through its Alcohol and Drug Treatment Program. The program offers individualized assessment, counseling, and referral services to individuals seeking help with substance use disorders.