South Dakota DUI: Second Offense

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A second DUI in South Dakota is generally classified as a Class 1 misdemeanor (prior within 10 years).

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.

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