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South Dakota DUI Laws: Penalties, BAC & License (2026)

Independently fact-checkedEditor-reviewedLaw current as of August 18, 2026By Recording Law Editorial TeamReviewed September 6, 20269 min read

Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 8 primary sources cited on this page. How we verify our legal content

South Dakota DUI Laws: Penalties, BAC & License (2026)

In South Dakota the offense is called driving under the influence (DUI), and SDCL 32-23-1 makes it unlawful to drive or be in actual physical control of a vehicle with a blood alcohol concentration (BAC) of 0.08 percent or more. A first DUI is a Class 1 misdemeanor punishable by up to one year in county jail, a fine of up to $2,000, and a mandatory license revocation of at least 30 days under SDCL 32-23-2, which the court may extend by a further period of up to one year.

This guide is part of our DUI Laws by State series.

What counts as a DUI in South Dakota

South Dakota's core DUI statute, SDCL 32-23-1, makes it unlawful to drive or be in actual physical control of a vehicle in several ways. The per se rule prohibits driving with a BAC of 0.08 percent or more by weight of alcohol as shown by a chemical analysis of breath, blood, or other bodily substance. The statute also covers driving while under the influence of alcohol, marijuana, or any controlled drug or substance, or any combination, to a degree that makes safe driving impossible. Because the impairment prongs do not require a specific number, a driver can be charged below 0.08 if alcohol or drugs impaired the ability to drive safely. Commercial drivers face a 0.04 percent limit, and drivers under 21 fall under the zero-tolerance law in SDCL 32-23-21, which makes it a Class 2 misdemeanor to drive with a BAC of 0.02 percent or more. The 0.08 figure is the federal benchmark adopted by every state except Utah, which uses 0.05 percent, as the National Highway Traffic Safety Administration describes.

First-offense DUI penalties in South Dakota (jail, fines, suspension)

A first DUI under SDCL 32-23-2 is a Class 1 misdemeanor. Under South Dakota's general misdemeanor penalty rule, a Class 1 misdemeanor is punishable by up to one year in county jail, a fine of up to $2,000, or both. The DUI statute itself requires the court to revoke the driver license for not less than 30 days on a first offense. That 30 days is a floor, not a ceiling: the same section separately allows the court to order revocation "for a further period not to exceed one year" or to restrict the driving privilege for up to a year, so total exposure can run past one year. The statute also authorizes the court to grant a limited driving privilege during that period for purposes such as work, school, treatment, and medical or court appointments, upon proof of financial responsibility. Courts commonly impose probation with conditions in place of the maximum jail term for a first-time offender. If the driver's BAC is 0.17 percent or higher, the law directs a mandatory chemical dependency evaluation. A driver who refuses chemical testing faces a separate one-year revocation regardless of the criminal outcome.

police interview room with a table, two chairs, and a wall-mounted camera

First-offense itemSouth Dakota rule (statute)
Offense levelClass 1 misdemeanor (SDCL 32-23-2)
JailUp to 1 year (Class 1 misdemeanor)
FineUp to $2,000 (Class 1 misdemeanor)
License revocationAt least 30 days, plus a possible further period of up to 1 year (SDCL 32-23-2)
Limited (work) permitAvailable during revocation (SDCL 32-23-2)
Refusal revocation1 year (SDCL 32-23-11)
Look-back period10 years, tolled by incarceration (SDCL 32-23-4.1)
Felony threshold3rd offense (Class 6 felony, SDCL 32-23-4)

Watch out: The license revocation that follows a DUI conviction and the separate revocation for refusing a chemical test are not the same thing. You can resolve the criminal case and still lose your license through the implied consent refusal action, and a first refusal carries a full one-year revocation.

Ignition interlock requirements in South Dakota

South Dakota does not impose an automatic statewide ignition interlock mandate on every first DUI in the way some states do. The interlock device, which requires a breath sample before the engine starts and at random points during a trip, is most often used as a condition tied to the 24/7 sobriety program or to a court-granted driving privilege, and it is more commonly required for higher-BAC and repeat cases. A first offender who wants to keep driving during the revocation period generally seeks a limited driving privilege under SDCL 32-23-2, which the court may grant for work, school, treatment, and similar essential purposes after proof of financial responsibility. South Dakota is also known for its statewide 24/7 sobriety program, under which many DUI defendants submit to twice-daily breath tests or wear a continuous alcohol-monitoring device as a condition of bond or probation.

License revocation and the administrative process in South Dakota

A South Dakota DUI affects the driving privilege in two ways. The criminal conviction under SDCL 32-23-2 carries a mandatory license revocation of at least 30 days for a first offense, and the sentencing court may order a further revocation period of up to one year on top of that minimum. Separately, after an officer serves a notice of intent to revoke under SDCL 32-23-19, the secretary of public safety revokes the license of a driver who refuses a chemical test for one year under SDCL 32-23-11, independent of the criminal case. A driver who wants to contest that revocation must request a hearing within 120 days of arrest. During a first-offense revocation, the court may issue a limited driving privilege so the person can continue to get to work, school, treatment, and medical or court appointments. To restore full driving privileges after the revocation, a driver must serve the revocation period, satisfy any treatment or evaluation conditions, and pay reinstatement fees. Drivers should keep all arrest and court paperwork because the deadlines on each track are firm.

Repeat offenses and the South Dakota look-back period

South Dakota counts prior DUIs within a 10-year look-back window under SDCL 32-23-4.1, so penalties escalate sharply for offenses inside that period. Two carve-outs make the real window longer than ten calendar years for some drivers. The section excludes "any period of time during which the defendant was incarcerated for a previous violation" from the calculation, so the clock tolls while a person is serving time. And the ten-year rule applies only "except as authorized under" SDCL 32-23-4.9, which makes a violation a Class 4 felony where the driver has at least five prior DUI convictions within 25 years and at least two of those within ten years. A second DUI within 10 years is a Class 1 misdemeanor under SDCL 32-23-3 with a license revocation of at least one year. The felony threshold is the third offense: under SDCL 32-23-4, a third DUI within 10 years is a Class 6 felony, punishable by up to two years in the state penitentiary and a fine of up to $4,000, with a revocation of at least one year. A fourth offense is a Class 5 felony under SDCL 32-23-4.6, and that statute sets a floor, not just a ceiling: the court must sentence the person to at least two years in a state correctional facility, one year of which must be served on parole, and must revoke the license for at least two years. A fifth or subsequent offense is a Class 4 felony under SDCL 32-23-4.7, carrying a mandatory minimum of at least four years in a state correctional facility on the same parole terms. In both cases the court may suspend that prison sentence only if it orders the person to participate in and complete a drug court, DUI court, veterans treatment court, or mental health court program as a condition of probation. A DUI that causes injury or death can be charged as vehicular battery or vehicular homicide, which are felonies regardless of offense number.

police car rear window with a cage partition visible from outside

Watch out: Refusing the breath or blood test does not protect your license. A first refusal triggers a one-year revocation under the implied consent law, the refusal can be used as evidence in court, and officers may seek a warrant to draw blood.

Refusing a breath or blood test in South Dakota

South Dakota's implied consent law, in SDCL 32-23-10, provides that anyone who operates a vehicle in the state is considered to have consented to the withdrawal and chemical analysis of blood, breath, or other bodily substance, and it lets the arresting officer require that sample after an arrest under SDCL 32-23-1. Section 32-23-10 does not itself revoke anything. If you refuse, the officer serves a notice of intent to revoke on behalf of the Department of Public Safety under SDCL 32-23-19 and takes your South Dakota license, and that notice then works as a temporary license for 120 days. You have 120 days from arrest to request a hearing, and if the secretary of public safety finds the officer complied with the law and that you refused, the secretary revokes your license for one year under SDCL 32-23-11. Because the refusal revocation is a full year, refusing rarely helps a driver keep the license, and officers can apply for a warrant to obtain a blood sample, particularly in cases involving an accident with injuries. The refusal revocation is administrative and applies on top of any penalties from the criminal DUI case.

Can you expunge or seal a DUI in South Dakota

A DUI conviction in South Dakota generally cannot be expunged. The state's expungement scheme in SDCL chapter 23A-3 reaches arrest records rather than convictions: SDCL 23A-3-27 lets a person apply to expunge the record of an arrest one year after an arrest where no accusatory instrument was filed, one year after the prosecuting attorney formally dismisses the entire criminal case, or at any time after an acquittal. None of those describe a person who was convicted.

The one automatic route in the chapter does not reach a DUI either. SDCL 23A-3-34 removes a charge or conviction from the public record after five years, but only in a case where "a petty offense, municipal ordinance violation, or a Class 2 misdemeanor was the highest charged offense." A DUI is a Class 1 misdemeanor, so it sits above that ceiling.

What does exist is a sealing route that runs through sentencing rather than expungement. If the court grants a suspended imposition of sentence and the person completes every condition imposed, the case is discharged and dismissed under SDCL 23A-27-14 without an adjudication of guilt, and SDCL 23A-27-17 then directs the court to seal the official records of the arrest, charge, trial, and finding of guilt. That relief is available only once per person for a suspended imposition of sentence under SDCL 23A-27-13. Sealing also does not take the offense out of the DUI enhancement count: SDCL 32-23-4.1 counts a previous "conviction for, or plea of guilty to" a DUI, and a suspended imposition of sentence follows a guilty plea. A South Dakota attorney can tell you which of these routes, if any, is open in your case.

What to do after a DUI arrest in South Dakota

A South Dakota DUI generates two related matters: the criminal case in circuit or magistrate court and, if you refused testing, an implied consent license action. The deadlines are short, so people often act quickly to understand both the criminal charge under SDCL 32-23-2 and any refusal-based revocation. The criminal case proceeds on its own schedule from initial appearance through pretrial and resolution, while the license consequences follow the conviction or the refusal finding. General information cannot tell you how your case will come out, because the outcome depends on the specific facts, the evidence, and your record. To apply that to your own facts, ask a South Dakota DUI lawyer for a free consultation on the charge, any refusal revocation, and a limited driving privilege (attorney advertising). Keep the arrest paperwork, any test results, and all court notices in a safe place.

A plain black body camera clipped to a dark navy uniform shirt pocket, green indicator light on

More South Dakota Laws

Frequently Asked Questions

What is the BAC limit in South Dakota?

The per se limit is 0.08 percent BAC under SDCL 32-23-1. Commercial drivers are limited to 0.04 percent, and drivers under 21 face a 0.02 percent zero-tolerance limit under SDCL 32-23-21, which is a Class 2 misdemeanor.

How long do you lose your license for a first DUI in South Dakota?

A first DUI conviction carries a mandatory license revocation of at least 30 days under SDCL 32-23-2, and the court may order a further revocation period of up to one year on top of that minimum. The court may grant a limited driving privilege for work, school, treatment, and similar needs during the revocation period.

Is a first DUI a felony in South Dakota?

No. A first DUI is a Class 1 misdemeanor. A DUI becomes a felony at the third offense within 10 years, which is a Class 6 felony under SDCL 32-23-4. A DUI causing injury or death can be a felony regardless of offense number.

Do you need an interlock for a first DUI in South Dakota?

Not automatically. South Dakota does not mandate an ignition interlock on every first DUI. The device is more often tied to the 24/7 sobriety program, a court-granted driving privilege, higher-BAC cases, or repeat offenses.

What happens if you refuse a breathalyzer in South Dakota?

Refusing a chemical test leads to a one-year license revocation, separate from the criminal case. SDCL 32-23-10 is the consent provision itself and imposes no revocation; the revocation is ordered by the secretary of public safety under SDCL 32-23-11, after the officer serves a notice of intent to revoke under SDCL 32-23-19. The refusal can be used as evidence, and officers may seek a warrant for a blood draw.

How long does a DUI stay on your record in South Dakota?

A DUI counts as a prior under the SDCL 32-23-4.1 look-back for at least 10 years, and longer for anyone who served time, because a period of incarceration for a previous violation is excluded from that calculation. The conviction itself does not expire, and it generally cannot be expunged.

Can you get a DUI expunged in South Dakota?

Generally no. The SDCL chapter 23A-3 expungement statutes reach arrest records, not convictions, and the automatic five-year removal in SDCL 23A-3-34 applies only where a petty offense, municipal ordinance violation, or Class 2 misdemeanor was the highest charged offense, which excludes a Class 1 misdemeanor DUI. The realistic route is a suspended imposition of sentence: on successful completion the case is discharged and dismissed under SDCL 23A-27-14 and the records are sealed under SDCL 23A-27-17.

What is the look-back period for DUI in South Dakota?

South Dakota generally uses a 10-year look-back under SDCL 32-23-4.1, with offense levels set by SDCL 32-23-3 and 32-23-4. Two things stretch it: time spent incarcerated for a previous violation is excluded from the calculation, and SDCL 32-23-4.9 reaches priors within 25 years for a sixth or subsequent offense charged as a Class 4 felony.

Updates

Corrected the expungement section, which had described a ten-year conviction-expungement petition and a 75-year-old exception that do not exist in South Dakota law, and added the mandatory minimum prison terms for fourth and fifth DUI offenses, the incarceration tolling and 25-year carve-out in the look-back period, and the correct statute for the one-year refusal revocation.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Governing law re-checked for recent changes

Re-anchored South Dakota's 10-year DUI look-back claim to the statute that actually sets it (SDCL 32-23-4.1) instead of the offense-classification sections (32-23-3, 32-23-4), which contain no time limit.

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. South Dakota Codified Law 32-23-1, DUI offense and 0.08% per se BAC limit(sdlegislature.gov).gov
  2. South Dakota Codified Law 32-23-2, first-offense DUI punishment (Class 1 misdemeanor, license revocation)(sdlegislature.gov).gov
  3. South Dakota Codified Law 32-23-3, second-offense DUI penalties(sdlegislature.gov).gov
  4. South Dakota Codified Law 32-23-4, third-offense DUI as a Class 6 felony(sdlegislature.gov).gov
  5. South Dakota Codified Law Chapter 32-23, DUI (implied consent 32-23-10 and under-21 zero tolerance 32-23-21)(sdlegislature.gov).gov
  6. South Dakota Codified Law Chapter 23A-3, expungement of criminal records(sdlegislature.gov).gov
  7. NHTSA, drunk driving and the 0.08% federal BAC standard(nhtsa.gov).gov
  8. South Dakota Codified Law 32-23-4.1, calculation of number of offenses (10-year look-back period)(sdlegislature.gov).gov
  9. South Dakota Codified Law 32-23-4.6, fourth-offense DUI as a Class 5 felony with a mandatory minimum of at least two years in a state correctional facility(sdlegislature.gov)
  10. South Dakota Codified Law 32-23-4.7, fifth or subsequent DUI as a Class 4 felony with a mandatory minimum of at least four years in a state correctional facility(sdlegislature.gov)
  11. South Dakota Codified Law 32-23-4.9, aggravated sixth or subsequent DUI reaching prior convictions within twenty-five years(sdlegislature.gov)
  12. South Dakota Codified Law 32-23-10, implied consent to withdrawal and chemical analysis(sdlegislature.gov)
  13. South Dakota Codified Law 32-23-11, secretary of public safety's one-year license revocation for refusal and the 120-day hearing request(sdlegislature.gov)
  14. South Dakota Codified Law 32-23-19, officer's notice of intent to revoke for refusal and 120-day temporary license(sdlegislature.gov)
  15. South Dakota Codified Law 32-23-21, under-21 zero tolerance at 0.02 percent BAC as a Class 2 misdemeanor(sdlegislature.gov)
  16. South Dakota Codified Law 23A-3-27, motion for expungement of an arrest record(sdlegislature.gov)
  17. South Dakota Codified Law 23A-3-34, automatic five-year removal limited to cases where a petty offense, ordinance violation, or Class 2 misdemeanor was the highest charged offense(sdlegislature.gov)
  18. South Dakota Codified Law 23A-27-14, discharge and dismissal after a suspended imposition of sentence, without adjudication of guilt(sdlegislature.gov)
  19. South Dakota Codified Law 23A-27-17, sealing of records upon discharge and dismissal(sdlegislature.gov)
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