State service guide

South Dakota DUI laws: actual-physical-control cases, 120-day refusal hearings, 0.17-triggered conditions, and 24/7-linked permits

South Dakota DUI law is broader than a simple 0.08 driving rule. The statute covers driving or being in actual physical control with a 0.08 BAC or while impaired by alcohol, marijuana, controlled substances, prescribed drugs that make safe driving impossible, or certain other substances. The practical South Dakota details are the separate refusal-based revocation track, the 120-day deadline to request a refusal hearing, the 120-day temporary license tied to the notice of intent to revoke, the 0.17 BAC triggers for first-offense evaluation and some permit conditions, and the state's 10-year lookback for most repeat-offense counting.

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Adult DUI rule South Dakota prohibits driving or actual physical control at 0.08 BAC or while impaired by alcohol, drugs, or certain other substances
Refusal hearing deadline A driver contesting refusal-based revocation must request a hearing within 120 days of arrest
Temporary refusal license If a valid South Dakota license is surrendered, the notice of intent to revoke acts as a temporary license for 120 days
Under-21 alcohol rule Drivers under 21 violate South Dakota's youth alcohol law at 0.02 BAC, with a 30-day first suspension

Overview

What this page helps you verify

A useful South Dakota DUI page should separate three tracks immediately: the offense definition in section 32-23-1, the refusal-based implied-consent revocation process in sections 32-23-10 through 32-23-19, and the conviction-side penalty ladder for first and repeat offenses. The most useful state-specific details are actual physical control, the 120-day refusal-hearing window, the 0.17 BAC trigger for extra first-offense consequences, and the way restricted driving after conviction is tied to proof of financial responsibility, treatment, and sometimes 24/7 sobriety conditions.

Last reviewed: 2026-05-18. This page was manually upgraded against service-specific official sources, but requirements can still change quickly.

Usually needed

Documents and information to prepare

  • The DUI citation, arrest paperwork, and any notice of intent to revoke served after the stop
  • The chemical-test results or refusal paperwork, including any record showing whether blood, breath, urine, or another bodily substance was requested
  • A written hearing request if you plan to contest a refusal-based revocation
  • Proof of financial responsibility, usually an SR-22 filing, if a court order or reinstatement requirement makes future-responsibility proof necessary
  • Court paperwork plus any required chemical-dependency evaluation, counseling, treatment, or 24/7 sobriety-program records tied to limited driving or reinstatement

Typical flow

What the process often looks like

  1. Separate the South Dakota case into its tracks first: the criminal DUI charge, the refusal-based revocation process if you refused testing, and the under-21 alcohol case if the driver is younger than 21.
  2. Check which South Dakota threshold applies, because the state uses 0.08 for ordinary alcohol DUI, 0.02 for under-21 alcohol cases, and several non-alcohol impairment categories that do not depend on a BAC number.
  3. If you are challenging a refusal-based revocation, request the hearing within the 120-day deadline instead of waiting for the criminal case to finish.
  4. Before expecting unrestricted driving again, clear the revocation period, proof-of-financial-responsibility requirement, and any ordered evaluation, treatment, counseling, or 24/7 conditions.

What counts as DUI

South Dakota reaches actual physical control and multiple drug-impairment theories, not just classic 0.08 driving cases

This is the first structural point a reviewed page should make.

  • Section 32-23-1 prohibits driving or being in actual physical control of a vehicle with 0.08 percent or more alcohol by weight in the person's blood.
  • The same section also covers being under the influence of alcohol, marijuana, or unlawfully used controlled substances, plus prescribed drugs or other substances that render the person incapable of safely driving.
  • South Dakota also separately covers combined alcohol-and-drug impairment and certain prohibited inhaled or ingested substances.

Refusal and hearings

South Dakota's refusal process is its own license problem, with a 120-day hearing window and a 120-day temporary license

This is the operational detail most likely to change what a driver does next.

  • Section 32-23-10 says a person operating a vehicle in South Dakota is considered to have consented to chemical testing of blood, breath, or other bodily substances after a qualifying arrest.
  • If the driver refuses, section 32-23-10.1 says that refusal may be admissible in a later DUI trial.
  • Section 32-23-11 says a person contesting refusal-based revocation must request a hearing within 120 days of arrest, and the secretary of public safety shall revoke the license for one year if the officer complied with the law and the refusal was made.
  • Section 32-23-19 says the notice of intent to revoke functions as a temporary license for 120 days if a valid South Dakota license is surrendered, and the department may extend it for 30 days after the scheduled hearing date.

Penalties and lookback

South Dakota keeps the first two DUI levels as misdemeanors, then escalates quickly into felony territory

The repeat-offense structure belongs near the top of the page.

  • A first DUI conviction is a Class 1 misdemeanor, and the court must revoke the license for at least 30 days. A first offense with a 0.17 BAC or higher also requires a court-ordered chemical-dependency evaluation.
  • A second DUI is still a Class 1 misdemeanor, but the court must revoke the license for at least one year.
  • A third DUI becomes a Class 6 felony, a fourth becomes a Class 5 felony, and a fifth or subsequent DUI becomes a Class 4 felony, with longer revocation periods and mandatory prison terms appearing at the higher levels.
  • Section 32-23-4.1 says South Dakota generally uses a 10-year lookback to decide whether a new DUI is a second, third, or subsequent offense, subject to the separate aggravated sixth-offense rules.

Permits and youth rules

Limited driving exists in South Dakota, but it is tied to proof of financial responsibility, treatment progress, and sometimes 24/7 sobriety conditions

This is where South Dakota differs from a simple hardship-license summary.

  • For a first DUI, section 32-23-2 allows the court to issue limited driving privileges for employment, 24/7 sobriety testing, school, child care, health appointments, court or probation appointments, and counseling, treatment, or aftercare, if proof of financial responsibility is provided.
  • For second and later offenses, South Dakota ties limited driving more closely to successful completion of a court-approved chemical-dependency program or counseling program plus proof of financial responsibility.
  • Section 32-23-23 says a driving permit issued after a DUI conviction must be conditioned on total abstinence and participation in the 24/7 sobriety program in counties where it is available if the person had a previous DUI within ten years or had a 0.17 BAC or higher.
  • For drivers under 21, section 32-23-21 makes it a Class 2 misdemeanor to drive, operate, or be in actual physical control at 0.02 BAC or after certain drug consumption, with suspensions of 30 days for a first offense, 180 days for a second, and one year for a third or subsequent offense.

Accuracy notes

Where people get tripped up

  • South Dakota DUI content should keep refusal-based revocation separate from conviction-side penalties. The state treats refusal as its own license problem with its own hearing process.
  • Do not omit actual physical control. Section 32-23-1 is not limited to a moving-vehicle fact pattern.
  • Keep the 0.17 BAC rules visible. South Dakota uses that level for extra first-offense evaluation and for some 24/7-conditioned permit requirements.
  • South Dakota generally counts priors within 10 years for second through fifth offense treatment, but aggravated sixth-offense rules use additional longer-lookback conditions.

FAQ

Common questions

  • Can I be charged with DUI in South Dakota if the vehicle was not moving?

    Yes. Section 32-23-1 applies to driving or being in actual physical control of a vehicle.

  • How long do I have to request a hearing after refusing a chemical test in South Dakota?

    Section 32-23-11 says the hearing request must be made within 120 days of arrest.

  • What happens if I refuse the chemical test in South Dakota?

    If the refusal case is upheld, South Dakota revokes the license for one year under section 32-23-11. The refusal may also be admitted into evidence in a later DUI trial under section 32-23-10.1.

  • What is the basic penalty for a first South Dakota DUI?

    A first DUI is a Class 1 misdemeanor, and the court must revoke the driver's license for at least 30 days. If the BAC was 0.17 or higher, South Dakota also requires a court-ordered chemical-dependency evaluation.

  • What alcohol rule applies to South Dakota drivers under 21?

    South Dakota's under-21 law uses 0.02 BAC. A first offense brings a 30-day suspension, a second brings 180 days, and a third or later offense brings a one-year suspension.

Sources

Official references used for this page

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