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South Dakota

In South Dakota, a person can be convicted of driving under the influence (DUI) for driving or being in actual physical control of a vehicle:
  • with a blood alcohol content (BAC) of .08% or greater
  • while under the influence of any alcohol, non-prescribed drug, or intoxicating inhalant, or
  • while under the influence of prescribed drugs or alcohol to a degree that renders the person incapable of safely driving a vehicle.


  1st Offense 2nd Offense 3rd Offense
Up to 1 year
Up to 1 year Up to 2 years in prison
Up to $2,000
Up to $2,000 Up to $4,000
License Revocation
30 days up to 1 year
At least 1 year At least 1 year