DWI or DUI FAQ
Sioux Falls, South Dakota
DUI & DWI Frequently Asked Questions
What is a typical sentence for DWI or DUI first offense in South Dakota?
A DWI or DUI offense is a class 1 misdemeanor, with a maximum sentence under the law of 1 year in jail, a $2,000 fine, and a driver’s license revocation of at least 30 days. A typical DWI or DUI first offense does not include actual jail time. You can expect to lose your driving privileges for at least 30 days, pay fines and court costs and have a certain amount of suspended jail. If you plead guilty or are convicted at trial, your sentence will vary based on your specific circumstances and the facts of your case. (See SDCL 32-23-2). DUI or DWI convictions can lead to very serious and detrimental collateral consequences that are not part of the Court’s sentence. These consequences could lead to very serious employment and career consequences. To avoid many of these detrimental consequences many people charged with a DUI first offense seek a suspended imposition of sentence. (Learn more about a suspended imposition of sentence).
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What is a typical sentence for DWI or DUI second offense in South Dakota?
A DWI or DUI second offense is a class 1 misdemeanor, with a maximum sentence under the law of 1 year in jail, a $2,000 fine, and a driver’s license revocation of at least 1 year. DWI or DUI second offense sentences vary much more than DWI or DUI first offenses. A typical DWI or DUI second offense sentence will involve anywhere from zero to 40 days of jail and a driver’s license revocation for 1 year. Electronic monitoring, house arrest or work release are usually approved by the sentencing court as an alternative to serving any actual time in the county jail for a DUI second conviction. If you plead guilty or are convicted at trial, your sentence will vary based on your specific circumstances and the facts of your case. (See SDCL 32-23-3). DUI or DWI convictions can lead to very serious and detrimental collateral consequences that are not part of the Court’s sentence. These consequences could lead to very serious employment and career consequences. To avoid many of these detrimental consequences many people charged with a DUI second offense seek a suspended imposition of sentence.
What is a typical sentence for a felony level DWI or DUI offense in South Dakota?
Felony DUI sentences can vary greatly depending on the level of felony DUI offense and the presence or lack of aggravating factors. A person that is convicted for a felony DUI or DWI will be sentenced to suspended penitentiary time and supervised probation or to actual penitentiary time. Being convicted of a felony offense of any kind carries serious consequences and severely impacts a person’s life, employment, and the right to vote or possess firearms. In some circumstances, many of the negative impacts of felony conviction can be avoided by seeking and being granted a suspended imposition of sentence.
A DWI or DUI third offense (3 convictions within 10 years) is a class 6 felony, with a maximum sentence under the law of 2 years in the penitentiary, a $4,000 fine, and driver’s license revocation of at least 1 year. If you plead guilty or are convicted at trial, your sentence depends on a number of circumstances that are dealt with on a case-by-case basis. (See SDCL 32-23-4).A DWI or DUI fourth offense (4 convictions within 10 years) is a class 5 felony, with a maximum sentence under the law of 5 years in the penitentiary, a $10,000 fine, and a driver’s license revocation of at least 2 years. If you plead guilty or are convicted at trial, your sentence depends on a number of circumstances that are dealt with on a case-by-case basis. (See SDCL 32-23-4.6).
A DWI or DUI fifth offense or subsequent (at least 5 convictions within 10 years) is a class 4 felony, with a maximum sentence under the law of 10 years in the penitentiary, a $20,000 fine, and a driver’s license revocation of at least 3 years. If you plead guilty or are convicted at trial, your sentence depends on a number of circumstances that are dealt with on a case-by-case basis. (See SDCL 32-23-4.7).
A DWI or DUI sixth offense (at least 6 convictions within 25 years with at least 3 of those convictions within the last 10 year) is a class 4 felony, with a maximum sentence under the law of 10 years in the penitentiary, a $20,000 fine, and driver’s license revocation of at least 3 years. If you plead guilty or are convicted at trial, your sentence depends on a number of circumstances that are dealt with on a case-by-case basis. (See SDCL 32-23-4.9).