DUI and DWI Court FAQ

Sioux Falls, South Dakota

What is South Dakota DUI or DWI Court?

DUI Court is a program designed to provide an alternative to a penitentiary sentence for repeat felony DUI offenders.  DUI Court focuses on extended treatment and very intense supervision with frequent group meetings to help facilitate and increase the defendant’s chances of long-term and sustained sobriety.  Not all individuals are eligible to participate in the DUI Court program.  In order to participate in DUI Court, the State’s Attorney’s Office must first consent to a defendant’s participation in the program.  If the State consents, the defendant must then be approved by the DUI Court committee before starting the program.  If a defendant successfully completes the DUI Court program, they will still have a conviction for a felony DUI offense but will have avoided the penitentiary sentence that would have been imposed without DUI Court.  However, if the defendant is unsuccessfully discharged from DUI Court, they must then appear in front of the Court and will likely be sentenced to serve time in the penitentiary.  DUI Court is currently available in Sioux Falls along with a few other select counties in South Dakota.  (See the South Dakota Unified Judicial System DUI Court page).

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