BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21. A first offense: First-offense DUI is typically a misdemeanor Class 1 with fines, possible jail, license revocation, evaluation, and ignition-interlock conditions. Felony threshold: A third DUI within 10 years can be a felony; DUI causing serious injury/death can also be a felony. That is what separates South Dakota DUI penalties from a generic national summary. Read S.D. Codified Laws § 32-23-1 before the background sections below. Lookback: Prior DUI convictions within 10 years enhance penalties.. Ignition interlock: Ignition interlock may be required for restricted permits after DUI.
Lookback window for prior offenses
Prior DUI convictions within 10 years enhance penalties.
First-offense penalties
First-offense DUI is typically a misdemeanor Class 1 with fines, possible jail, license revocation, evaluation, and ignition-interlock conditions.
When a South Dakota DUI becomes a felony
A third DUI within 10 years can be a felony; DUI causing serious injury/death can also be a felony.
A concrete South Dakota scenario
Here is one way the South Dakota pieces fit together. Change any fact and the statute may point somewhere else.
A driver in South Dakota is charged with a first impaired-driving offense and wants to know what the statute actually sets.
- Start with the alcohol limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Read the first-offense range: First-offense DUI is typically a misdemeanor Class 1 with fines, possible jail, license revocation, evaluation, and ignition-interlock conditions.
- Ask when the charge becomes a felony: A third DUI within 10 years can be a felony; DUI causing serious injury/death can also be a felony. Lookback: Prior DUI convictions within 10 years enhance penalties.
- Interlock: Ignition interlock may be required for restricted permits after DUI.
South Dakota DUI under SDCL § 32-23-1 proceeds in magistrate or circuit court with parallel driver-licensing actions.
Ignition interlock and license consequences
Ignition interlock may be required for restricted permits after DUI.
How a typical South Dakota DUI case unfolds
South Dakota DUI under SDCL § 32-23-1 proceeds in magistrate or circuit court with parallel driver-licensing actions.
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Case law: DUI penalties in South Dakota
STATE of South Dakota, Plaintiff and Appellee, v. Lisa Ann McDONALD, Defendant and Appellant
…lcohol content of .10 percent or more), or SDCL 32-23-1(2) (driving under the influence of an alcoholic beverage). At trial, the state chemist was unable to state with reasonable scientific certainty that McDonald had 0.10 or more percent alcohol in her blood at the time she was driving. Although the blood test had revealed a 0.140 (first testing) and 0.133 (second testing) per…
STATE of South Dakota, Plaintiff and Appellee, v. Lisa Ann McDONALD, Defendant and Appellant is worth reading on South Dakota DUI penalties because the court put the point in its own words: "SDCL 32-23-1(2) (driving under the influence of an alcoholic beverage). At trial, the state chemist was unable to state with reasonable scientific certainty that McDonald had 0.10 or more percent alcohol in her blood at the time she was driving." Use that passage as the starting point, then read the facts that precede it.
STATE of South Dakota, Plaintiff and Appellant, v. Jerold J. HEINRICH, Defendant and Appellee
…A state may force an individual suspected of driving while intoxicated to submit to a blood alcohol test. Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966); see also South Dakota v. Neville, 459 U.S. 553, 103 S.Ct. 916, *2774 L.Ed.2d 748 (1983). Withdrawal of a blood sample for such a test may be required provided it is 1) incident to a lawful arrest,…
On DUI penalties, STATE of South Dakota, Plaintiff and Appellant, v. Jerold J. HEINRICH, Defendant and Appellee speaks to the South Dakota dispute in this passage: "A state may force an individual suspected of driving while intoxicated to submit to a blood alcohol test. Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966); see also South Dakota v. Neville, 459 U.S. 553, 103 S.Ct. 916, *2774 L.Ed.2d 748 (1983)." The surrounding opinion shows how the court applied that language to the record.
STATE of South Dakota, Plaintiff and Appellee, v. Deborah J. MOTZKO, Defendant and Appellant
ZINTER, Justice. [¶ 1.] Deborah Motzko was convicted of driving under the influence of an alcoholic beverage. She appeals contending that: 1) the evidence was insufficient to support the conviction, 2) the trial court should have considered jurors’ affidavits in ruling on a motion for new trial, and 3) the trial court erred in refusing her jury instruction suggesting that i…
On DUI penalties, STATE of South Dakota, Plaintiff and Appellee, v. Deborah J. MOTZKO, Defendant and Appellant speaks to the South Dakota dispute in this passage: "ZINTER, Justice. [¶ 1.] Deborah Motzko was convicted of driving under the influence of an alcoholic beverage." The surrounding opinion shows how the court applied that language to the record.
STATE, Respondent v. HALVERSON, Appellant
STATE, Respondent v. HALVERSON, Appellant, 87 S.D. 110 (1973)
…0, 1968, by a member of the South Dakota Highway Patrol for driving under the influence of intoxicating liquor. After his arrest the defendant was taken by the arresting officer to a Chamberlain, South Dakota hospital where a blood sample was taken by a Registered Nurse. The blood sample was taken at the request of the officer and with the defendant’s consent. The defendant’s b…
South Dakota opinions such as STATE, Respondent v. HALVERSON, Appellant are cited where DUI penalties is disputed. The court stated: "South Dakota Highway Patrol for driving under the influence of intoxicating liquor. After his arrest the defendant was taken by the arresting officer to a Chamberlain, South Dakota hospital where a blood sample was taken by a Registered Nurse." That is the language to brief; the rest of the decision supplies the procedural posture.
STATE of South Dakota, Plaintiff and Appellant, v. Timothy HULLINGER, Defendant and Appellee
…ues regarding admission of the HGN test in prosecutions for driving under the influence in this state. We reverse and remand. FACTS AND PROCEDURE [¶ 2.] On March 18, 2001, Stanley County deputy sheriff David Ludwig observed a red Camaro driving slowly out of Fort Pierre. Ludwig noticed its driver touch the curb and cross the center line several times. At the Bad River bridge, t…
STATE of South Dakota, Plaintiff and Appellant, v. Timothy HULLINGER, Defendant and Appellee is worth reading on South Dakota DUI penalties because the court put the point in its own words: "HGN test in prosecutions for driving under the influence in this state. We reverse and remand. FACTS AND PROCEDURE [¶ 2.] On March 18, 2001, Stanley County deputy sheriff David Ludwig observed a red Camaro driving slowly out of Fort Pierre." Use that passage as the starting point, then read the facts that precede it.
Key takeaways
- BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Lookback period: Prior DUI convictions within 10 years enhance penalties.
- First-offense range: First-offense DUI is typically a misdemeanor Class 1 with fines, possible jail, license revocation, evaluation, and ignition-interlock conditions.
- Felony threshold: A third DUI within 10 years can be a felony; DUI causing serious injury/death can also be a felony.
- Ignition interlock: Ignition interlock may be required for restricted permits after DUI.
- Primary authority: S.D. Codified Laws § 32-23-1.
Blood alcohol limits in South Dakota
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Frequently asked questions
What is the legal BAC limit in South Dakota?
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Is a first DUI a felony in South Dakota?
A third DUI within 10 years can be a felony; DUI causing serious injury/death can also be a felony.
Will I need an ignition interlock device?
Ignition interlock may be required for restricted permits after DUI.
This guide covers South Dakota impaired-driving law as of 2026. Sentencing grids, administrative DMV rules, and local diversion programs change — verify the live statute and speak with counsel about your charging document.