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DWI or DUIFree Case Review - (605) 271-1819 |
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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 $2000 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, what your sentence will be depends on a number of circumstances. (See SDCL 32-23-2).
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 $2000 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 offenses. A typical DWI or DUI second offense sentence will involve anywhere from 5 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, what your sentence will be depends on a number of circumstances that are dealt with on a case by case basis. (See SDCL 32-23-3).
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 DUI offense and the presence or lack of aggravating factors. 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 $4000 fine, and driver’s license revocation of at least 1 year. If you plead guilty or are convicted at trial, what your sentence will be 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, what your sentence will be 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, what your sentence will be 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) 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, what your sentence will be depends on a number of circumstances that are dealt with on a case by case basis. (See SDCL 32-23-4.9). DisclaimerDISCLAIMER: The law will vary depending on your state and the specifics of your case. The information provided on this website is intended for educational purposes only. All the content on this website should not be considered professional legal advice or a substitute for professional legal advice. For such services, we recommend getting a free initial consultation by a licensed Attorney in your state.
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