South Dakota Laws and Legal Penalties
Comprehensive legal reference for South Dakota. Browse DUI laws, drug possession penalties, theft charges, statutes of limitations, and more. All information is sourced from public state statutes.
Note: This information is for general educational purposes only. Laws change frequently. Always consult a licensed South Dakota attorney for advice specific to your situation.
South Dakota Quick Facts
- State Capital: Pierre
- Region: Midwest
- DUI BAC Limit: 0.08%
- Marijuana Status: Medical only
- Felony Theft Threshold: $1,000+
- Murder SOL: None
South Dakota DUI Laws
| Offense | Penalties |
|---|---|
| First Offense DUI | Up to 1 year jail, $1,000 fine, 30-day suspension |
| Second Offense DUI | Up to 1 year, $1,000 fine, 1-year revocation |
| Felony DUI Threshold | 3rd offense |
| Legal BAC Limit | 0.08% |
South Dakota requires alcohol evaluation for DUI offenders
South Dakota Marijuana Laws
| Category | Details |
|---|---|
| Legal Status | Medical only |
| Medical Program | Yes |
| Recreational Use | No |
| Small Amount Penalty | Class 1 misdemeanor: up to 1 year, $2,000 fine (2 oz or less) |
| Large Amount Penalty | Felony for larger amounts |
South Dakota has medical marijuana after 2020 voter approval
South Dakota Theft Penalties
| Category | Details |
|---|---|
| Misdemeanor Threshold | Under $1,000 |
| Felony Threshold | $1,000+ or more |
| Minimum Sentence | Up to 1 year |
| Maximum Sentence | Up to 15 years (Class 3 felony) |
South Dakota petty theft under $1,000
South Dakota Statutes of Limitations
| Crime Type | Time Limit |
|---|---|
| Murder | None |
| Rape / Sexual Assault | None (7 years for some) |
| Felony (General) | 7 years |
| Misdemeanor | 7 years |
| Fraud | 7 years |
| Theft | 7 years |
| DUI / DWI | 7 years |
| Assault | 7 years |
South Dakota uses a 7-year SOL for most crimes