South Dakota · DUI · Checked October 2026

DUI Laws in South Dakota

What Happens if You Get a DUI in South Dakota?

South Dakota calls it DUI, and the legal limit for adult drivers is 0.08 blood alcohol content.

First offense jail: Up to 1 year in county jail
First offense fine: Up to $2,000
First offense license: Court revokes the license for at least 30 days; the court may extend the revocation up to 1 year or restrict driving for up to 1 year
Felony: A third DUI offense is a Class 6 felony; prior convictions count only if the earlier violation occurred within 10 years of the one charged (time incarcerated for a prior violation is not counted)

Researched and checked by the DUI Help Editorial Team ·October 3, 2026

South Dakota DUI Laws: Key Facts

Legal limit (adults): 0.08 BACS.D. Codified Laws §§ 32-23-1, 32-12A-44, 32-23-21, 32-23-2.1
Commercial drivers (CDL): 0.04 BAC
Drivers under 21: 0.02 BAC (0.02 percent or more for drivers under 21, or any physical evidence of marijuana or a controlled drug or substance not lawfully prescribed)
Enhanced penalties from: 0.17 BAC
Lookback period: 10 years
Insurance filing: SR-22, 3 years from the date proof was required, if no further qualifying conviction is recorded in that period

South Dakota DUI Penalties by Offense

DUI penalties in South Dakota for a first, second and third offense
Penalty	First offense	Second offense	Third offense
Charge	Class 1 misdemeanor	Class 1 misdemeanor	Class 6 felony
Jail	up to 1 year in county jail	up to 1 year in county jail	up to 2 years in a state correctional facility
Fine	up to $2,000	up to $2,000	up to $4,000
License suspension	court revokes the license for at least 30 days; the court may extend the revocation up to 1 year or restrict driving for up to 1 year	court revokes the license for at least 1 year	court revokes the license for at least 1 year from sentencing or from initial release from imprisonment, whichever is later

First offense: S.D. Codified Laws §§ 32-23-2, 22-6-2(1) · Second offense: S.D. Codified Laws §§ 32-23-3, 22-6-2(1), 32-23-23 · Third offense: S.D. Codified Laws §§ 32-23-4, 22-6-1(9)

When Penalties Are Higher

first offense with a BAC of 0.17 or more: a court-ordered chemical dependency evaluation by a licensed or certified addiction counselor or qualified health care professional, paid for by the defendant, in addition to first-offense penaltiesS.D. Codified Laws § 32-23-2.1
BAC of 0.17 or more, or a prior DUI conviction within the last 10 years, and the court issues a driving permit: the permit is conditioned on total abstinence from alcohol and participation in the 24/7 sobriety program where available; a violation means immediate revocation of the permitS.D. Codified Laws § 32-23-23
fourth offense: Class 5 felony (up to 5 years and $10,000); at least 2 years in a state correctional facility, 1 of them on parole, unless suspended for a drug, DUI, veterans or mental health court program; license revoked at least 2 yearsS.D. Codified Laws §§ 32-23-4.6, 22-6-1(8)
fifth or subsequent offense: Class 4 felony (up to 10 years and $20,000); at least 4 years in a state correctional facility, 1 of them on parole, unless suspended for a drug, DUI, veterans or mental health court program; license revoked at least 3 yearsS.D. Codified Laws §§ 32-23-4.7, 22-6-1(7)
sixth or subsequent offense with at least five DUI convictions within 25 years and at least two of them within 10 years (aggravated offense): Class 4 felony; if at least five convictions fall within 15 years, at least 6 years in a state correctional facility, 1 of them on parole, unless suspended for a treatment court program; license revoked at least 3 yearsS.D. Codified Laws § 32-23-4.9

More on South Dakota DUI penalties · Estimate penalties for your situation

If You Refuse a Breath or Blood Test

For adults, a refusal may be admitted as evidence at a DUI trial; officers may require a blood draw after a DUI arrest. A driver under 21 arrested for underage drinking and driving who refuses faces a 1-year license revocation by the Department of Public Safety.S.D. Codified Laws §§ 32-23-10, 32-23-10.1, 32-23-18

Official source: if you refuse a breath or blood test in South Dakota

Getting a Court-Ordered Limited Driving Permit (Work Permit)

The sentencing court may permit driving for employment, 24/7 sobriety testing, school, child care delivery or pickup, health appointments, court or probation appointments, and counseling, treatment or aftercare, on proof of financial responsibility. For a second or later offense the person must first complete a court-approved chemical dependency program. Permits for drivers with a prior DUI in 10 years or a BAC of 0.17 or more require total abstinence and 24/7 sobriety program participation.

Official source: getting a court-ordered limited driving permit (work permit) in South Dakota

Ignition Interlock

Repeat offenses: For fourth and later offenses, any 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. South Dakota statutes rely on the 24/7 sobriety program as the condition of court driving permits for repeat offenders and drivers at 0.17 BAC or more; an ignition interlock is one listed option for parole and supervision monitoring on felony DUI sentences.

Official source: ignition interlock in South Dakota

Can a DUI Come Off Your Record?

An arrest record can be expunged when no charge was filed, the case was dismissed, or the person was acquitted. Waiting period: 1 year after the arrest if no charge was filed, or 1 year after a formal dismissal; any time after an acquittal Apply to the court that would have had jurisdiction over the crime.

Official source: can a dui come off your record? in South Dakota

Drivers Under 21

It is a Class 2 misdemeanor for a person under 21 to drive or be in actual physical control of a vehicle with 0.02 percent or more alcohol, or after consuming marijuana or a controlled drug or substance not lawfully prescribed, while physical evidence of it remains in the body. Class 2 misdemeanor (up to 30 days in county jail or a $500 fine, or both); court suspends the license 30 days for a first offense, 180 days for a second, and 1 year for a third or later; the court may allow driving for work, school or counseling on proof of financial responsibility

Official source: drivers under 21 in South Dakota

Driving After Using Drugs

Yes. SDCL 32-23-1 covers driving under the influence of marijuana or any controlled drug or substance not obtained by valid prescription, prescribed drugs or other substances to a degree that renders the person incapable of safely driving, combinations with alcohol, and substances inhaled or ingested as prohibited by SDCL 22-42-15. Lawful use of a drug is not a defense.

Official source: driving after using drugs in South Dakota

More on DUI Law in South Dakota

For the state's own guidance, see South Dakota Department of Public Safety: Revoked or Suspended Driver License and Reinstatement.

This page summarizes South Dakota law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in South Dakota can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First DUI in South Dakota?

Jail: up to 1 year in county jail. Fine: up to $2,000. License suspension: court revokes the license for at least 30 days; the court may extend the revocation up to 1 year or restrict driving for up to 1 year.

When Is a DUI a Felony in South Dakota?

a third DUI offense is a Class 6 felony; prior convictions count only if the earlier violation occurred within 10 years of the one charged (time incarcerated for a prior violation is not counted)

Do You Need an SR-22 After a DUI in South Dakota?

Yes. How long: 3 years from the date proof was required, if no further qualifying conviction is recorded in that period. An SR-22 is a form your insurer files with the state to prove you carry the required coverage.