South Dakota DUI / DWI Penalties (2026)

Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) charges in South Dakota: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing dui / dwi charges in South Dakota, consult a licensed South Dakota criminal defense attorney.

South Dakota DUI / DWI Penalties

OffensePenalty
First OffenseUp to 1 year jail, $1,000 fine, 30-day suspension
Second OffenseUp to 1 year, $1,000 fine, 1-year revocation

South Dakota requires alcohol evaluation for DUI offenders

DUI / DWI Statute of Limitations in South Dakota

In South Dakota, the general statute of limitations for a felony is 7 years and for a misdemeanor is 7 years.

See all South Dakota statutes of limitations →

Defending Against DUI / DWI Charges in South Dakota

Common defenses in South Dakota dui / dwi cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a South Dakota criminal defense attorney for advice.

Related South Dakota Laws

Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication