Identifying DUI Penalties Through Criminal Law In Rapid City, SD

by | Jul 14, 2015 | Lawyers

The state of South Dakota outlines the guidelines for its drunk-driving laws. According to these laws, any driver who has a blood-alcohol content reading of 0.08 percent is guilty of a DUI. However, the county can still find the driver guilty of DUI with a reading of at least 0.05 percent under special circumstances. These circumstances are identified by an inability to drive safely.

Further South Dakota DUI Laws

All drivers under 21 caught driving with at least 0.02 percent cab be convicted of DUI. The zero tolerance for underage drinking allows for the lower percentage. If the driver has alcohol in their possession, they could face further charges such as minor possession of alcohol.

The state doesn’t have to charge the driver while the vehicle is in motion. All they must do is prove that the driver was in control of the vehicle. The driver could be sitting in the driver’s seat with the keys. It isn’t necessary for the vehicle to be on for the driver to incur the charge. However, the state or county cannot impose these charges if the vehicle is parked on private property such as a residence.

What are the Penalties?

The first offense requires a license suspension for up to one year. The driver must undergo alcohol counseling or treatment. To reinstate the driver’s license, the driver must pay up to a $200 fee. The DMV may impose further application fees or require the driver to retake the driving test.

All drivers convicted under criminal law in Rapid City SD of DUI are required to maintain SR-22 auto insurance. They must present proof of this insurance before they receive a new driver’s license. If they aren’t the rightful owner of the vehicle, they must acquire proof of the policy from the owner.

All drivers convicted of DUI are classified as high-risk. If they incur additional charges, they could also receive penalties based on the total number of convictions. After the fourth DUI conviction all new DUI charges are classified as felonies. At this point, they could lose their license entirely. To learn about criminal law in Rapid City SD that apply to these cases, contact an attorney now.

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