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South Dakota DUI Laws

Primary statute: SDCL § 32-23-1 · Last reviewed August 2026 · 13 primary sources · How we research and review these pages

Reviewed by the LegalLimit editorial team →

Standard BAC limit

0.08%

Commercial driver BAC

0.04%

Under-21 BAC

0.02%

Prior-offense lookback

Multiple parallel windows

10-year primary window for 1st–4th offense classification (§ 32-23-4.1): 10-year window. 25-year compound test for aggravated 6th-or-subsequent felony (§ 32-23-4.9): 25-year window.

South Dakota prosecutes impaired driving as DUI under SDCL § 32-23-1. The per se limit is 0.08 (breath, blood, or other bodily substance), and the offense also covers impairment by alcohol, marijuana, controlled substances (non-prescription), prescription drugs or other substances to a degree rendering the person incapable of safely driving, combined influence, or any substance prohibited by § 22-42-15. The penalty ladder uses a multiWindow lookback (10 years for 1st–4th classification; 25 years for 6th+ per § 32-23-4.9): a first and second offense are Class 1 misdemeanors; a third is a Class 6 felony (max 2 years / $4,000); a fourth is a Class 5 felony (max 5 years / $10,000, mandatory ≥2 years in state prison); a fifth or subsequent is a Class 4 felony (max 10 years / $20,000) with a mandatory ≥4-year state-prison term (1 year parole with IID or monitoring). License revocations scale: ≥30 days (1st), ≥1 year (2nd/3rd), ≥2 years (4th), ≥3 years (5th+). Driving while revoked during the period triggers mandatory non-suspendable jail. South Dakota relies on the 24/7 sobriety program (twice-daily breath testing) as its primary monitoring mechanism. Limited driving privileges are available after chemical-dependency treatment and financial-responsibility proof. DUI causing death is vehicular homicide (§ 22-16-41, Class C felony); DUI causing serious bodily injury is vehicular battery (§ 22-18-36, Class 6/4 felony). The under-21 threshold is 0.02; the commercial threshold is 0.04.

South Dakota DUI penalties: first, second, and third offense

South Dakota DUI penalties by offense tier

Offense tierFineJailLicense actionIgnition interlock
First offense (Class 1 misdemeanor)$0–$2,000 (No mandatory minimum fine for a first offense. Class 1 misdemeanor fine ceiling is $2,000 (SDCL § 22-6-2).; Class 1 misdemeanor max $2,000 fine (SDCL § 22-6-2).)0 days–1 year (No mandatory minimum jail for a first offense.; Class 1 misdemeanor max 1 year (SDCL § 22-6-2).)Revoked for 30–395 days — License revoked for not less than 30 days (§ 32-23-2). The court may extend the revocation or restrict the privilege for up to 1 year. Upon proof of financial responsibility, the court may permit limited driving for employment, 24/7 sobriety testing, school, child care, health, court, or counseling.Required if restricted license or restoration (1 year)
Second offense (Class 1 misdemeanor)$0–$2,000 (No mandatory minimum fine. Class 1 misdemeanor max $2,000.)0 days–1 year (No mandatory minimum jail for the offense itself. If the person is convicted of DRIVING WITHOUT A LICENSE during the revocation period, the court MUST sentence to not less than 3 days (non-suspendable) (§ 32-23-3).; Class 1 misdemeanor max 1 year.)Revoked for 365 days — License revoked for not less than 1 year (§ 32-23-3). Upon successful completion of a court-approved chemical-dependency program and proof of financial responsibility, the court may permit limited driving (employment, 24/7 sobriety, school, child care, health, court, counseling).Required if restricted license or restoration (1 year)
Third+ offense (Class 6 felony at 3rd; Class 5 at 4th; Class 4 at 5th+)$0–$20,000 (No mandatory minimum fine. Class 6 felony fine max $4,000; Class 5 felony fine max $10,000; Class 4 felony fine max $20,000 (SDCL § 22-6-1).; Class 4 felony fine ceiling $20,000 (SDCL § 22-6-1).)0 days–10 years (THIRD offense (§ 32-23-4): no mandatory minimum beyond the Class 6 felony range. FOURTH offense (§ 32-23-4.6): MANDATORY ≥2 years in a state correctional facility (1 year on parole). FIFTH+ (§ 32-23-4.7): MANDATORY ≥4 years in a state correctional facility (1 year on parole). Mandatory sentences may be suspended only on completion of a treatment-court program.; THIRD offense: Class 6 felony max 2 years / $4,000. FOURTH offense: Class 5 felony max 5 years / $10,000. FIFTH+: Class 4 felony max 10 years / $20,000 (SDCL § 22-6-1). The structured max (3,650 days = 10 yr) reflects the Class 4 felony ceiling.)Revoked for 365–1095 days — THIRD offense (§ 32-23-4): license revoked ≥1 year. FOURTH offense (§ 32-23-4.6): license revoked ≥2 years. FIFTH+ (§ 32-23-4.7): license revoked ≥3 years. Driving without a license during revocation: mandatory 10 days (3rd), 20 days (4th/5th+), non-suspendable.Required if restricted license or restoration (1 year)

Wondering how South Dakota compares? Compare DUI laws by state — BAC limits, penalties, and interlock rules side by side.

Frequently asked questions

What is the legal BAC limit in South Dakota?

The per se limit is 0.08% (SDCL § 32-23-1(1)), measured by breath, blood, or other bodily substance. The offense also covers impairment by alcohol, marijuana, or controlled substances. The commercial threshold is 0.04% and the under-21 threshold is 0.02%.

What are the penalties for a first DUI in South Dakota?

A first offense is a Class 1 misdemeanor (§ 32-23-2): license revoked for at least 30 days (up to 1 year at the court's discretion). A chemical-dependency evaluation is required. A limited driving privilege may be available for employment, 24/7 sobriety, school, child care, health, or counseling.

What are the penalties for a second DUI in South Dakota?

A second offense is a Class 1 misdemeanor (§ 32-23-3): license revoked for at least 1 year. Driving without a license during the revocation carries a mandatory 3-day jail term. A limited driving privilege is available after completing a chemical-dependency program.

When does a South Dakota DUI become a felony?

A THIRD offense is a Class 6 felony (§ 32-23-4, max 2 years / $4,000). A FOURTH offense is a Class 5 felony (§ 32-23-4.6, max 5 years / $10,000, mandatory ≥2 years in state prison). A FIFTH or subsequent offense is a Class 4 felony (§ 32-23-4.7, max 10 years / $20,000) with a mandatory ≥4 years in state prison (1 year on parole with IID or monitoring). Mandatory sentences may be suspended only on completion of a treatment-court program.

Does South Dakota require an ignition interlock device after a DUI?

IID is MANDATORY as a condition of parole for a 4th-or-subsequent felony (§§ 32-23-4.6, 32-23-4.7). For other tiers, IID may be imposed as a condition of a limited driving privilege. South Dakota primarily uses the 24/7 sobriety program (twice-daily breath testing or electronic monitoring) as its monitoring mechanism.

What happens if I refuse the breath or blood test in South Dakota?

Refusing chemical testing triggers administrative license revocation under SDCL §§ 32-23-10 et seq. (1 year for a first refusal; longer for repeats). The arresting officer may require a blood draw after arrest. Refusal is not a separate crime in South Dakota.

How long do prior DUIs count against me in South Dakota?

South Dakota uses a 10-year lookback for tier classification under § 32-23-4.1 (not § 32-23-4.5, which governs out-of-state equivalency). The aggravated 6th-or-subsequent felony under § 32-23-4.9 requires a compound test: at least 5 convictions within 25 years AND at least 2 of those within 10 years. Out-of-state equivalent convictions count under § 32-23-4.5.

What if my South Dakota DUI causes injury or death?

DUI causing death is vehicular homicide (§ 22-16-41), a Class C felony. DUI causing serious bodily injury is vehicular battery (§ 22-18-36), a Class 6 felony for a first offense and a Class 4 felony for a second or subsequent. Both require license revocation.

Sources

  1. SDCL § 22-16-41 — Vehicular homicide (S.D. Codified Laws, via Justia) — Accessed July 7, 2026
  2. SDCL § 22-18-36 — Vehicular battery (S.D. Codified Laws, via Justia) — Accessed July 7, 2026
  3. SDCL § 22-6-1 — Felony classes and penalties (S.D. Codified Laws, via Justia) — Accessed July 7, 2026
  4. SDCL § 32-23-1 — Driving or control of vehicle prohibited with alcohol in blood or while under influence (S.D. Codified Laws, via Justia) — Accessed July 7, 2026
  5. SDCL § 32-23-10 — Implied consent to chemical analysis (S.D. Codified Laws, via Justia) — Accessed July 7, 2026
  6. SDCL § 32-23-2 — Punishment for first offense; limited driving privilege (S.D. Codified Laws, via Justia) — Accessed July 7, 2026
  7. SDCL § 32-23-3 — Punishment for second offense; limited driving privilege (S.D. Codified Laws, via Justia) — Accessed July 7, 2026
  8. SDCL § 32-23-4 — Punishment for third offense; limited driving privilege (S.D. Codified Laws, via Justia) — Accessed July 7, 2026
  9. SDCL § 32-23-4.1 — Calculation of number of offenses (South Dakota Legislature) — Accessed August 30, 2026
  10. SDCL § 32-23-4.5 — Convictions in other states considered (S.D. Codified Laws, via Justia) — Accessed July 7, 2026
  11. SDCL § 32-23-4.6 — Punishment for fourth offense; mandatory sentence; limited driving privilege (S.D. Codified Laws, via Justia) — Accessed July 7, 2026
  12. SDCL § 32-23-4.7 — Punishment for fifth or subsequent offense; mandatory sentence (S.D. Codified Laws, via Justia) — Accessed July 7, 2026
  13. SDCL § 32-23-4.9 — Punishment for sixth or subsequent offense; aggravated offense (South Dakota Legislature) — Accessed August 30, 2026

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