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Blood-Alcohol Limits and South Dakota DUI Arrests

Drew Duncan
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Partner at Zimmer, Duncan and Cole, LLP

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If you think you can only be arrested for a DUI in South Dakota if you test over the legal blood-alcohol limit of .08%, you should probably think again. In several special circumstances, it is possible to be arrested for drunk driving, even if you test below the legal limit. 

For the purposes of a DUI arrest in South Dakota, the blood-alcohol limit of .08% may be different—or irrelevant—for drunk drivers who are:

  • Commercial drivers. Commercial drivers are subject to a lower legal limit of .04%. This applies for any driver who holds a CDL, even if she is not on duty at the time of arrest. 
  • Under the legal drinking age. Drivers under the age of 21 are considered intoxicated if they test over .02%, which is significantly lower than the legal limit for drivers over the age of 21 in South Dakota. 
  • Showing obvious signs of intoxication. If you are driving recklessly, slurring your words, or show other signs of intoxication, an officer can still arrest you for suspected drunk driving—even if you are under the legal limit. 

If you have been arrested for a DUI after your test results showed a blood-alcohol content of less than .08%, an experienced Sioux Falls criminal defense attorney can review your case, answer your questions, and provide further guidance on your options. To learn more about our free, confidential, and no-obligation case review, call our office today at 888-733-2992.

Category: Criminal Defense


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