South Dakota · DUI · Checked October 2026

South Dakota DUI Penalties: First, Second and Third Offense

South Dakota DUI Penalties: What Are the Rules?

South Dakota sets DUI penalties by offense, and they rise with each conviction.

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)
Lookback period: 10 years

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

South Dakota DUI Penalties by Offense

DUI penalties in South Dakota
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

Other First Offense Penalties in South Dakota

The court may allow driving for work, 24/7 sobriety testing, school, child care, health, court or probation appointments, and counseling or treatment, on proof of financial responsibility
With a BAC of 0.17 or more, a court-ordered chemical dependency evaluation paid for by the defendant

Official source: other first offense penalties (South Dakota)

Other Second Offense Penalties in South Dakota

Limited driving permit only after completing a court-approved chemical dependency program and proving financial responsibility
Driving without a license during the revocation brings at least 3 days in county jail, which cannot be suspended
Any court driving permit is conditioned on total abstinence and the 24/7 sobriety program where available, for a person with a prior DUI conviction in the last 10 years

Official source: other second offense penalties (South Dakota)

Other Third Offense Penalties in South Dakota

Limited driving permit only after completing a court-approved chemical dependency counseling program and proving financial responsibility
Driving without a license during the revocation brings at least 10 days in county jail, which cannot be suspended

Official source: other third offense penalties (South Dakota)

When Penalties Are Higher in South Dakota

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 penalties
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 permit
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 years
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 years
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 years

Official source: when penalties are higher (South Dakota)

When a DUI Is 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)S.D. Codified Laws §§ 32-23-4, 32-23-4.1

Official source: when a dui is a felony (South Dakota)

How Far Back Prior Offenses Count in South Dakota

10 years. A prior DUI, vehicular battery or vehicular homicide conviction counts toward a second, third or later offense only if it occurred within 10 years of the violation charged, excluding time the defendant was incarcerated for a prior violation. The aggravated sixth-offense rule looks back 25 years.S.D. Codified Laws §§ 32-23-4.1, 32-23-4.9

Official source: how far back prior offenses count (South Dakota)

More on DUI Law in South Dakota

See the full overview of DUI laws in South Dakota and read about first-offense DUI penalties across the states.

This page summarizes South Dakota law from official sources, checked October 2026. It isn't legal advice; 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.

What Is the Penalty for a Second 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 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)