South Dakota DUI: License Suspension

Last reviewed: 2026-08-22

License suspension periods in South Dakota increase with each DUI within the lookback period:

• First offense: 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
• Second offense: 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
• Third offense: 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
• Fourth+ offense: 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

Refusing the chemical test

Refusal: 1-year license revocation (civil). Post-Birchfield, SD cannot criminalize warrantless blood-test refusal; refusal admissible.

Statute: SDCL § 32-23-11