South Dakota DUI Second Offense Treated as First under Washout Period

If you have been convicted of a first offense DUI (driving under the influence) in South Dakota, you can expect to face a fine and/or possible imprisonment, and the loss of your driver's license, ranging from 30 days to one year. In general, it should be noted that a typical loss of a driver's license for a first-offense South Dakota DUI is approximately 30 days. For a second-offense DUI in South Dakota, you will also face fines and/or possible imprisonment, but you can also expect to lose your driver's license for a minimum of one year. That is, unless the statute of limitations has run out on your previous DUI conviction.

South Dakota DUI law includes a "washout" or "lookback" period which states that if an individual was convicted of a DUI more than ten years prior to the current DUI charge, the new charge is treated as a first offense. Therefore, even if you have been convicted of a DUI in the past, it will not impact a current conviction if the ten-year statute of limitations has passed.

Convictions of both first- and second-offense South Dakota DUI charges are considered class-one misdemeanors. If you are convicted of a second-offense DUI, and it has been less than 10 years since the first conviction, you will lose your driver's license for a minimum of one year. Additionally, if you are then convicted of driving during the time when your license was revoked, you will receive mandatory jail time that will not be suspended.

If you or a loved one has been charged with driving under the influence in South Dakota, contact a South Dakota DUI lawyer at Zimmer, Duncan, and Cole. Call our office toll-free at (888) 733-2992, or complete the contact form on this page to speak with a knowledgeable South Dakota DUI attorney. Contact our office for assistance before you lose your license or the DUI charge becomes a misdemeanor conviction on your permanent record.