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South Dakota DUI Laws & Penalties (2026)

South Dakota has a 10-year lookback for DUI charges. A 3rd DUI becomes a felony.

DUI attorneys available now in South Dakota
0.08%
BAC Limit
DUI
Term Used
10 yr
Lookback
Yes
Implied Consent
No
Expungement

South Dakota DUI Penalties

1st Offense

ClassificationClass 1 misdemeanor
Jail TimeUp to 1 year
FinesUp to $2,000
License30-day revocation + 30 days restricted
Mandatory JailNo

2nd Offense

ClassificationClass 1 misdemeanor
Jail TimeUp to 1 year
FinesUp to $2,000
License1-year revocation
Felony Threshold3rd offense

BAC Limits in South Dakota

0.08%
Standard Driver
0.04%
Commercial Driver
0.02%
Under 21

🔧 Ignition Interlock

Required for repeat offenders

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🛡️ Insurance Requirements

SR-22 required for 3 years

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📜 Expungement

South Dakota does not allow DUI expungement.

Expungement Guide →

💰 Estimated Total Cost

A first DUI in South Dakota typically costs $10,000-$25,000+ including fines, attorney, classes, IID, and insurance increases.

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Find a DUI Attorney in South Dakota

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Official Sources & References

DUIFinders.com is not a law firm and does not provide legal advice. Information is for general purposes only. Consult a licensed attorney in South Dakota for advice specific to your situation.

South Dakota DUI FAQ

What is the BAC limit in South Dakota?

The legal BAC limit in South Dakota is 0.08% for regular drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.

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

A first DUI in South Dakota is a Class 1 misdemeanor. Penalties include Up to 1 year jail, Up to $2,000 in fines, and 30-day revocation + 30 days restricted license suspension.

Is an ignition interlock device required in South Dakota?

Required for repeat offenders

Can a DUI be expunged in South Dakota?

No, South Dakota does not allow DUI expungement.

What is the lookback period for DUI in South Dakota?

South Dakota uses a 10-year lookback period to determine if an offense counts as a repeat offense.

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