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Rapid City DUI/DWI Lawyers

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A DUI/DWI arrest puts in motion a series of serious events, which may include the loss of your driver’s license, and could also result in the impoundment of your license plates and the forfeiture of your vehicle, jail time, fines, and/or probation. Multiple convictions can result in prison time. The sooner you contact an attorney, the better.

At Whiting Hagg Hagg Dorsey & Hagg, LLP, we represent motorists who have been accused of South Dakota drunk driving (DUI/DWI) charges by addressing their concerns one-on-one and working to win the best outcome possible for each case. A DUI/DWI is a serious crime in South Dakota and those facing drunk driving charges should consult with an experienced Rapid City DUI attorney about their rights as soon as possible.

Arrested for drunk driving? Dial (605) 250-3003 today to retain the powerful defense you need.

    DUI Laws in South Dakota

    It is illegal to operate a motor vehicle in the state of South Dakota with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial driver's license holders, this legal limit is cut in half to 0.04%. Finally, drivers under the age of 21 need only have a BAC of 0.02% or higher to be charged with DUI. With that being said, a person can still be arrested for drunk driving with a BAC under the legal limit if a police officer has grounds to suspect they are under the influence.

    Drivers convicted of a DUI could face:

    • Stiff fines
    • Suspension of driver’s license
    • Jail time
    • Community service
    • Probation
    • Mandatory alcohol treatment

    DUI/DWI Penalties in South Dakota

    Penalties for drunk driving in South Dakota scale based on whether it is a person's first offense or if they have prior convictions.

    • First offense: A first DUI offense is a Class 1 misdemeanor punishable by up to 1 year in jail, $2,000 in fines, and a 30 day to 1-year driver's license suspension.
    • Second offense: A second DUI within 10 years of the first offense is a Class 1 misdemeanor punishable by up to 1 year in jail, up to $2,000 in fines, and a minimum 1-year driver's license suspension.
    • Third offense: A third DUI within 10 years is a Class 6 felony punishable up to 2 years in jail, up to $4,000 in fines, and a minimum 1-year driver's license suspension.
    • Fourth offense: A fourth DUI within 10 years is a Class 5 felony punishable by up to 5 years in jail, up to $10,000 in fines, and a minimum 2-year driver's license suspension.
    • Fifth or subsequent offenses: A fifth or subsequent DUI within 10 years is a Class 4 felony punishable by up to 10 years in jail, up to $20,000 in fines, and a minimum 3-year driver's license suspension.

    In addition to these penalties, you may be required to install and use an ignition interlock device in your vehicle and participate in mandatory alcohol treatment. You will also need to show proof of financial responsibility in the form of an SR22 insurance policy and pay a $50 to $200 license reinstatement fee to restore your driving privileges.

    What Happens if You Refuse a Chemical Test?

    South Dakota's implied consent law states that any person driving in the state has already consented to BAC chemical testing in the event of their lawful arrest for suspected drunk driving. Drivers who refuse a chemical test after they have been arrested will have their driver's license suspended for one year. Refusing a chemical test can worsen an already serious situation and can potentially be used to strengthen the prosecution's case against you.

    Trusted Legal Guidance

    Hiring an experienced DUI/DWI lawyer like the ones at Whiting Hagg Hagg Dorsey & Hagg, LLP, for a South Dakota DUI charge is critical to protecting your rights, your freedom, and your livelihood. Repeat DUI/DWI offenses are serious charges. Consulting with an experienced Rapid City DUI/DWI defense attorney is important to protect your rights.

    Nobody plans on getting a DUI/DWI, but the nature of today's active enforcement of South Dakota drunk driving laws means good people, even those with no previous record, are arrested and charged every day. When it happens, hiring a DUI defense attorney to help fight for your rights is the smartest thing you can do.

    If you have been charged with drunk driving in Rapid City or the Black Hills, call the experienced DUI/DWI defense attorneys at Whiting Hagg Hagg Dorsey & Hagg, LLP, today at (605) 250-3003 to discuss your options.

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