Implications of Breathalyzer Results in South Dakota DUI Stops

While driving home one night in South Dakota after having a couple of drinks, you look in the rear view mirror and are terrified to see flashing blue lights behind you. You pull over, stay in your car, and wait for the police officer to approach. When he does, the officer asks for your license and registration. He then tells you that you were stopped for driving erratically. Because the police officer smells alcohol on your breath, he asks you to step out of the car and explains the possible implications of a South Dakota DUI charge. Your heart starts racing as the officer administers the field sobriety tests. The police officer then asks you to take a breathalyzer test, but you are unsure of how to respond.

A breathalyzer is a device used for estimating blood alcohol content (BAC) through a breath sample taken from an individual, as alcohol concentration in the breath is related to the amount in the blood. However, if pulled over for a South Dakota DUI, breathalyzers are used only for preliminary screenings, because the results are not always accurate due to:

1. The validity of the test;
2. Whether it was administered properly;
3. Something else the person ingested, giving the test a false positive;
4. Body chemistry, since people with certain conditions, such as diabetes, have higher levels of certain substances in their bodies that can lead to false positives.

As a result, while a South Dakota DUI charge may be brought against a driver for failing a breathalyzer test, the courts in South Dakota only allow blood tests for evidentiary purposes. However, if a driver refuses a breathalyzer test, this could result in an automatic one-year license suspension and the refusal could be admissible in a criminal proceeding.

A DUI charge in South Dakota is considered a class 1 misdemeanor if the driver is over 21 years of age. If convicted of a first offense, the conviction carries with it a fine of up to $1,000, imprisonment up to one year, or both, and loss of the driver's license ranging from 30 days to one year.

If you are facing a South Dakota DUI charge, you need immediate legal help. A misdemeanor conviction on your permanent record can have severe repercussions. Contact an experienced South Dakota DUI attorney at Zimmer, Duncan & Cole. With offices in Sioux Falls and Parker, the attorneys at Zimmer, Duncan & Cole represent clients involved in DUI cases throughout South Dakota. Call toll free at (888) 733-2992, or complete the contact form on this page. A knowledgeable South Dakota DUI lawyer is ready to assist you.