Minnehaha and Lincoln County
Standard DWI 2nd Offense Sentences
Ryan Duffy Law Sioux Falls, SD
DWI 2nd Offenses
STANDARD DWI 2nd OFFENSE (Inside Condition Period - Within 2 Years of DWI 1st Offense)
Standard Sentence if Treatment program is completed prior to sentencing
| CATEGORY | SENTENCE DETAILS |
|---|---|
| Jail | 180 days jail with 160 days suspended (jail, work release, or House Arrest/Electronic Monitoring (EM)) |
| 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 1 year Restricted/Work Permit only if treatment completed, valid DL, proof of insurance, and compliance with 24/7 sobriety program |
| 24/7 Program | 6 months as condition of suspended jail |
| Condition Period | 1 year |
Standard Sentence if Treatment program is NOT completed prior to sentencing
| CATEGORY | SENTENCE DETAILS |
|---|---|
| Jail | 180 days jail with 100 days suspended (jail, work release, or House Arrest/Electronic Monitoring (EM)) |
| 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 1 year Restricted/Work Permit only if treatment completed, valid DL, proof of insurance, and compliance with 24/7 sobriety program |
| 24/7 Program | 6 months as condition of suspended jail |
| Condition Period | 1 year |
STANDARD DWI 2nd OFFENSE (Outside Condition Period - More than 2 years but less than 7 years since DWI 1st Offense)
| CATEGORY | SENTENCE DETAILS |
|---|---|
| Jail | 180 days jail with 170 days suspended (jail, work release, or House Arrest/Electronic Monitoring (EM)) |
| 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 1 year Restricted/Work Permit only if treatment completed, valid DL, proof of insurance, and compliance with 24/7 sobriety program |
| 24/7 Program | 3 months as condition of suspended jail |
| Condition Period | 1 year |
Standard Sentence if Treatment program is NOT completed prior to sentencing
| CATEGORY | SENTENCE DETAILS |
|---|---|
| Jail | 180 days jail with 140 days suspended (jail, work release, or House Arrest/Electronic Monitoring (EM)) |
| 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 1 year (Not Eligible for Restricted/Work Permit) |
| 24/7 Program | 3 months as condition of suspended jail |
| Condition Period | 1 year |
STANDARD DWI 2nd OFFENSE (Outside Condition Period - More than 7 Years since DWI 1st Offense)
Standard Sentence if Treatment program is completed prior to sentencing
| CATEGORY | SENTENCE DETAILS |
|---|---|
| Jail | 180 days jail with 180 days suspended |
| 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 1 year Restricted/Work Permit only if treatment completed, valid DL, proof of insurance, and compliance with 24/7 sobriety program |
| 24/7 Program | Not typically imposed as condition of suspended jail |
| Condition Period | 1 year |
Standard Sentence if Treatment program is NOT completed prior to sentencing
| CATEGORY | SENTENCE DETAILS |
|---|---|
| Jail | 180 days jail with 170 days suspended (jail, work release, or House Arrest/Electronic Monitoring (EM)) |
| 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 1 year (Not Eligible for Restricted/Work Permit) |
| 24/7 Program | Not typically imposed as condition of suspended jail |
| Condition Period | 1 year |
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.
Standard DWI 1st Offense Sentences (outside of Minnehaha and Lincoln County)
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.