Minnehaha and Lincoln County
Standard DWI 1st Offense Sentences
Ryan Duffy Law Sioux Falls, SD
DWI 1st OFFENSE
| CATEGORY | SENTENCE DETAILS |
|---|---|
| Jail | 30–45 days jail all suspended (additional suspended days or actual jail may be imposed if aggravating factors are present) |
| Fine | $250 - $500 |
| Costs | $96.50 Court costs plus blood test cost: $85 (alcohol) / $145 (drugs) With search warrant: up to $165 (alcohol) / $225 (drugs) |
| Driver's License | Revoked minimum 30 days |
| Restricted/Work Permit (WP) | Allowed only if defendant has valid DL and insurance at sentencing • If Blood Alcohol Content (BAC) is 0.17 or above: must participate in 24/7 Program during revocation period to obtain Restricted/Work Permit |
| Alcohol Evaluation | Required if BAC ≥ 0.17 (chemical dependency evaluation per statute) |
| Condition Period | 1 year |
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Suspended Imposition of Sentence (SIS) and DWI/DUI cases
Many clients facing DWI/DUI charges seek a suspended imposition of sentence (SIS) to minimize many of the negative impacts associated with a DWI conviction. The benefits of receiving a suspended imposition of sentence (SIS) on a DWI/DUI case can include, but are not limited to, the following:.
Avoidance of a driver's license revocation.
Avoiding mandatory and costly high risk (SR22) auto insurance.
Sealing or masking the case record from public view upon successful completion of the SIS conditions.
Possible avoidance of an alcohol monitoring condition.
DWI/DUI cases alleged to have occurred in counties other than Minnehaha and Lincoln counties will have similar standard sentences, but there are often significant differences that will vary from county to county. Ryan Duffy Law is familiar with these differences and can help clients effectively maneuver DWI/DUI cases that are alleged to have occurred in any South Dakota county. Please refer to South Dakota Codified Laws Chapter 32-23 for more information.