Confronting a DUI in South Dakota can be daunting for anyone. If you are currently facing a DUI, chances are you aren’t familiar with what you’re up against and are feeling embarrassed, stressed out and frightened. A DUI is considered a criminal offense and is one you should be taking seriously. Of course, it’s not reasonable to expect the average citizen to be able to understand and decipher the statutes, and for that reason you will need to find legal representation right away. Nationwide, as in South Dakota, DUI laws have become much stricter and more punitive in recent years. The public’s awareness of the dangers of drunk driving has inspired legislators to pass laws, more laws and laws that affect laws. As a result, the practice of DUI defense has evolved into a specialized area of legal practice, as ordained by the American Bar Association. A skilled DUI attorney will not only be familiar with the local laws, but will be able to defend against the scientific evidence presented in court. A qualified local South Dakota DUI lawyer offers the best opportunity for your case to be settled to your advantage. Reach out today for a free consultation with a DUI attorney. Get your questions answered and gain some peace of mind.
In South Dakota, driving with a BAC (blood alcohol content) of .08 or higher is against the law, and for this you will be arrested. This is prosecuted under the per se law, and does not consider your driving at all. You can also be arrested based on the observations of the officer even though your BAC is below .08. If it is determined that you are driving under the influence, to the degree of being impaired, you’ll be charged . In making the determination, the officer will consider your driving, your demeanor, what you say, whether you fumble getting your license out, and even field sobriety tests.
After your arrest, your criminal case will commence. There will be scheduled court dates, your attorney will make discovery requests, file motions and bring in expert witnesses to protect your rights. The outcome of the case will determine jail time, fines and court fees, and any remedial alcohol or driving programs. A conviction for DUI will remain on your driving record forever. Don’t even think of going to court without getting a free consultation from a qualified local DUI attorney. This is not a time to bargain with your freedom.
If you are arrested outside your home state, be sure to ask your attorney how this law will impact you.
The penalties listed below are called for by statute, are not complete, and can often be removed or reduced significantly with the assistance of a local South Dakota DUI attorney.
• Incarceration – up to 1 year
• Fines – up to $2,000 plus court costs
• License Suspension – 30 days to 1 year; new driver’s test required plus reinstatement fee $50
• Education – alcohol assessment program required for BAC .17 or more
• Insurance – SR22 high-risk driver insurance required for 3 years on all vehicles registered under your name; necessary before license reinstatement
ADDITIONAL COSTS AND CONSEQUENCES
• Bail – set by the court, required for release
• Towing – tow fee $75 to $100 plus additional fee for daily storage
• Insurance – you will be designated as a high risk driver and your insurance will increase significantly. Expect your rates to double or more.
• Record – DUI conviction will remain on driving record permanently
• Employment – offender may lose time off work and possibly even their job.
• Immigration and travel – restrictions can apply for foreign travel, including Canada
Additional offenses and considerations will bring significantly higher penalties including up to 10 years in prison and $20,000 in fines. Don’t take a chance with your freedom. It is highly recommended that you contact a qualified DUI attorney right away for a FREE CONSULTATION on your case. Your case CAN be won with the right representation.