SOUTH DAKOTA IS A .08 STATE
Driving or having control of a vehicle with a .08 blood alcohol content (BAC) or greater can get you charged with a DUI in South Dakota. As of late, the South Dakota legislature modified the implied consent law, requiring all drivers who were involved in an accident or suspected of DUI to undergo a breath test. If the test results come back with the presence of alcohol and the officer believes there is probable cause for a DUI arrest, the driver will be arrested and will have to submit to a chemical test. Oftentimes this chemical test is a blood test, but can also be by a urine sample or another breath test. As of July 1, 2006, refusal of blood tests are no longer permitted. Call an experienced South Dakota DUI Lawyer for further information.
AN IMPORTNANT MESSAGE FOR COMMERCIALLY LICENSED DRIVERS
South Dakota has made it even more difficult for drivers who hold a CDL (commercial driver’s license). If you pled or are found guilty of DUI in South Dakota and are a current CDL holder, there are no other choices for the court or South Dakota’s reporting agency to hide or suspend a conviction to your home state. It does not matter even if you drove a commercial or personal vehicle when you were arrested for DUI. The only choice possible is to be found guilty of a traffic crime, other than DUI, where it doesn't involve losing your CDL. You should contact a knowledgeable South Dakota DUI Attorney or lawyer in your home state for additional advice on your home state’s laws and any options available. You will need assistance in saving your CDL!!
DUI CONVICTIONS AND THE INTERSTATE COMPACT
South Dakota is a member of the Interstate Compact, a national reporting authority for traffic-related convictions, for example DUI. If you are convicted of DUI in South Dakota, your home state will most likely be told of the conviction. South Dakota courts do not physically take away your home state license; your South Dakota driving privileges will be revoked on a DUI conviction. All but a few states are members of the Interstate Compact, and you can assure your driver’s license to be revoked for an even longer period in your home state in this situation. A lot of people rely on a valid driver’s license for employment purposes. Ask an experienced South Dakota DUI Lawyer about the "suspended imposition of sentence" or other available choices other than being convicted of DUI in South Dakota so that you do not lose your driving privileges in any state.
DO I HAVE TO COME BACK FOR COURT?
South Dakota DUI Attorneys are permitted to make appearances for misdemeanor defendants except for trial-related hearings. Most often defendants who live far away from the Black Hills have their attorneys take care of their misdemeanor cases without having to show up in court again. Felony cases, however, require defendants to appear at all hearings. If you live far away from where you were arrested, see if the attorney can stand for you without having to go back to court.
