South Dakota DUI Laws & Penalties
Last reviewed:
SD is the birthplace of the '24/7 Sobriety Program' (twice-daily breath tests), widely used as a bond/probation condition instead of jail or interlock.
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0.02%, enhanced at 0.17%).
- Lookback period: 10 years. 10-year lookback under § 32-23-4.1 — a prior conviction more than ten years before the charged offense cannot be used to make it a second or subsequent offense, and time spent incarcerated does not count toward that ten years. Prior convictions for vehicular battery (§ 22-18-36) and vehicular homicide (§ 22-16-41) also count as priors. One exception: for a sixth or subsequent offense charged as an 'aggravated offense' under § 32-23-4.9, the window stretches to 25 years.
- Primary statute: SDCL § 32-23-1 (offense); §§ 32-23-2, -3, -4, -4.6, -4.7, -4.9 (penalties by offense number)
0.17+ triggers a mandatory chemical-dependency evaluation on a first offense; SD leans on the 24/7 program rather than BAC-tiered crimes.
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | Class 1 misdemeanor | none – 1 year (county jail) | $0–$2,000 (up to $2,000 (Class 1 misdemeanor maximum, SDCL § 22-6-2)) | 30 days – 1 year; hardship: court may permit driving for employment, 24/7 sobriety testing, school, child care, health appointments, court/probation appointments, or counseling and treatment, on proof of financial responsibility | Not required |
| Second offense | Class 1 misdemeanor (prior within 10 years) | none – 1 year (county jail) | $0–$2,000 (up to $2,000 (Class 1 misdemeanor maximum, SDCL § 22-6-2)) | 1 year; hardship: after successful completion of a court-approved chemical dependency program and proof of financial responsibility, for employment, 24/7 testing, school, child care, health, court, or treatment | Not required |
| Third offense | Class 6 felony (priors within 10 years) | none – 2 years (state correctional facility) | $0–$4,000 (up to $4,000 (Class 6 felony maximum, SDCL § 22-6-1(9)) — two years imprisonment or the fine, or both) | 1 year – 1 year (running from sentencing or from initial release from imprisonment, whichever is later); hardship: after a court-approved chemical dependency counseling program and proof of financial responsibility | Not required |
| Fourth+ offense | Class 5 felony (4th); Class 4 felony (5th and subsequent) | 2 years (mandatory, state correctional facility) – 5 years (4th, Class 5) / 10 years (5th+, Class 4); mandatory min 2 years for a 4th offense, one year of which must be served on parole | $0–$10,000 (up to $10,000 (Class 5 felony, 4th); up to $20,000 (Class 4 felony, 5th and subsequent)) | 2 years (4th) – 3 years (5th and subsequent), running from sentencing or from initial release from imprisonment, whichever is later; hardship: after a court-approved chemical dependency counseling program and proof of financial responsibility | Required |
First offense
- Classification: Class 1 misdemeanor
- Jail: none – 1 year (county jail)
- Fine: $0–$2,000 (up to $2,000 (Class 1 misdemeanor maximum, SDCL § 22-6-2))
- License suspension: 30 days – 1 year; hardship: court may permit driving for employment, 24/7 sobriety testing, school, child care, health appointments, court/probation appointments, or counseling and treatment, on proof of financial responsibility
- Alternative disposition: Suspended imposition of sentence is possible for a first offender, which avoids a conviction on the record.
- Interlock: Not mandatory. The court may permit limited driving privileges, and 24/7 Sobriety Program participation is commonly ordered instead.
- § 32-23-2 requires the court to revoke the license for not less than 30 days, and permits a further revocation or restriction of up to one year.
Second offense
- Classification: Class 1 misdemeanor (prior within 10 years)
- Jail: none – 1 year (county jail)
- Fine: $0–$2,000 (up to $2,000 (Class 1 misdemeanor maximum, SDCL § 22-6-2))
- License suspension: 1 year; hardship: after successful completion of a court-approved chemical dependency program and proof of financial responsibility, for employment, 24/7 testing, school, child care, health, court, or treatment
- Interlock: Not mandatory by statute; IID or 24/7 Sobriety Program commonly ordered as a condition.
- § 32-23-3: revocation of not less than one year. Driving without a license during the revocation carries a mandatory 3 days in county jail that may not be suspended.
Third offense
- Classification: Class 6 felony (priors within 10 years)
- Jail: none – 2 years (state correctional facility)
- Fine: $0–$4,000 (up to $4,000 (Class 6 felony maximum, SDCL § 22-6-1(9)) — two years imprisonment or the fine, or both)
- License suspension: 1 year – 1 year (running from sentencing or from initial release from imprisonment, whichever is later); hardship: after a court-approved chemical dependency counseling program and proof of financial responsibility
- Interlock: Not mandatory by statute; commonly ordered, and the 24/7 Sobriety Program is the state's signature alternative.
- Time spent imprisoned does not count toward the revocation period. Driving without a license during revocation carries a mandatory 10 days in county jail. Section last amended by SL 2026, ch 112, § 2.
Fourth+ offense
- Classification: Class 5 felony (4th); Class 4 felony (5th and subsequent)
- Jail: 2 years (mandatory, state correctional facility) – 5 years (4th, Class 5) / 10 years (5th+, Class 4); mandatory min 2 years for a 4th offense, one year of which must be served on parole
- Fine: $0–$10,000 (up to $10,000 (Class 5 felony, 4th); up to $20,000 (Class 4 felony, 5th and subsequent))
- License suspension: 2 years (4th) – 3 years (5th and subsequent), running from sentencing or from initial release from imprisonment, whichever is later; hardship: after a court-approved chemical dependency counseling program and proof of financial responsibility
- Alternative disposition: The court may suspend the mandatory prison sentence only if it orders the person into a drug court, DUI court, or comparable program.
- Interlock: On a 4th offense the mandatory parole term must include at least one of: an alcohol or drug accountability program, an ignition interlock, a breath alcohol interlock, an alcohol monitoring bracelet, or another enhanced monitoring tool.
- § 32-23-4.6 (4th) and § 32-23-4.7 (5th+). A 6th or subsequent offense with at least five priors in 25 years is an 'aggravated offense' — Class 4 felony under § 32-23-4.9, with a mandatory six years if five of the priors fall within 15 years.
Refusing a chemical test (implied consent)
Refusal: 1-year license revocation (civil). Post-Birchfield, SD cannot criminalize warrantless blood-test refusal; refusal admissible.
Statute: SDCL § 32-23-11
Ignition interlock
SD relies on the 24/7 Sobriety Program (twice-daily PBTs or CAM bracelet) as its signature sanction more than interlock; IID is available/orderable but not universally mandatory.
Statute: SDCL § 1-11-32 (24/7); § 32-23-4.7
Frequently asked questions
What is the penalty for a first DUI in South Dakota?
A first DUI in South Dakota is a Class 1 misdemeanor. Jail: none – 1 year (county jail). Fine: $0–$2,000 (up to $2,000 (Class 1 misdemeanor maximum, SDCL § 22-6-2)). License suspension: 30 days – 1 year; hardship: court may permit driving for employment, 24/7 sobriety testing, school, child care, health appointments, court/probation appointments, or counseling and treatment, on proof of financial responsibility.
What is the legal BAC limit in South Dakota?
0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
How long does South Dakota look back at prior DUI offenses?
10 years. 10-year lookback under § 32-23-4.1 — a prior conviction more than ten years before the charged offense cannot be used to make it a second or subsequent offense, and time spent incarcerated does not count toward that ten years. Prior convictions for vehicular battery (§ 22-18-36) and vehicular homicide (§ 22-16-41) also count as priors. One exception: for a sixth or subsequent offense charged as an 'aggravated offense' under § 32-23-4.9, the window stretches to 25 years.