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 license revocation of 30 days to one year under SDCL 32-23-2.

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 a driver license revocation of not less than 30 days and not more than one year on a first offense, and it 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.

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 license revocation of 30 days to one year for a first offense, set by the sentencing court. Separately, the implied consent law allows the Department of Public Safety to revoke the license of a driver who refuses a chemical test, and that refusal revocation runs for one year on a first refusal independent of the criminal case. 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, so penalties escalate sharply for offenses inside that period. 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, punishable by up to five years in prison, and a fifth is a Class 4 felony. A DUI that causes injury or death can be charged as vehicular battery or vehicular homicide, which are felonies regardless of offense number.

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 by driving on the state's roads you have consented to a chemical test of blood, breath, or other bodily substance when an officer has lawful grounds to believe you were driving under the influence. Refusing the test results in a one-year license revocation on a first refusal, and longer revocations for later refusals. The officer must advise you of the consequences of refusal before testing. 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

South Dakota allows expungement of certain convictions, but the path for a DUI is narrow and slow. Under the state's expungement statutes in SDCL Chapter 23A-3, a person convicted of a misdemeanor may petition the court to expunge the record only after at least 10 years have passed since the conviction, provided all sentence conditions were satisfied and the person has not reoffended. Because a DUI counts as a prior for the 10-year look-back, the conviction continues to matter for enhancement during that window even while the driving record reflects it. Felony DUIs are generally not eligible for expungement except in limited circumstances, such as the statute's provision for petitioners who are at least 75 years old. Expungement is discretionary, so meeting the time requirement does not guarantee that a court will grant the petition.

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. Many people consult a licensed South Dakota DUI attorney to understand the charge, the revocation, the 24/7 sobriety program, and the options for a limited driving privilege. Keep the arrest paperwork, any test results, and all court notices in a safe place.