Flat Rate Fees Are Available For DUI/DWI Based Offenses.
Der Hagopian Law also accepts credit cards for the payment of your legal fees.
The maximum penalty for DWI in South Dakota is one year in the county jail and a $2,000 fine, or both. Additionally, one’s driver’s license is revoked for a period of up to one year from conviction. Multiple DWI convictions can result in a felony conviction and time in the state Penitentiary, as described below.
Although there are standard sentences for DWI offenses, these sentence recommendations are always subject to change at the discretion of the prosecutor. Different factors that would affect standard sentences would be as follows: children present in the vehicle, an accident or dangerous driving, extremely high blood test, attitude toward the officer, additional charges associated with the arrest; such as possession of marijuana, or history of alcohol related traffic offenses.
If an individual is convicted of DWI three times in a 10 year period, it is a class 6 felony. The maximum penalty for a 3rd offense DWI is 2 years in the penitentiary and a $4,000 fine.
If an individual is convicted of a DWI four times in a 10 year period and one of the three prior convictions was for a felony DWI, it is a class 5 felony. The maximum penalty is 5 years in the penitentiary and a $10,000 fine, or both.
If an individual is convicted of a DWI five times in a 10 year period and one of the four prior convictions was for a felony DWI, it is a class 4 felony. The maximum penalty is 10 years in the penitentiary and a $20,000 fine, or both.
“Standard DWI Sentences” for the Second Judicial Circuit
(Revised Jan. 1, 2008)
Standard DWI – 1st
| Fine: | Pre-PH/Indict: $400 | Post-PH/Indict: $500 *The reduced fine amount is only available to defendants who plead guilty prior to a preliminary hearing or indictment. The defendant receives a benefit only if he/she assists in relieving the court system of a portion of its burden. |
| Costs: | Court costs + Blood tests costs of $75.00 |
| Jail: | 30 days jail suspended*Additional suspended days or even actual jail may be imposed if “aggravating factors” are present. |
| Driver’s License: | Revoked for a minimum of 30 days. (1) Work Permit only if the defendant has a valid DL and insurance at the time of sentencing. (2) If the BAC results are 0.17 or higher, the defendant must participate in the 24/7 program during the period of revocation in order to obtain a work permit. |
| Alcohol Evaluation: | If the BAC result is 0.17 or higher, the defendant must obtain a chemical dependency evaluation pursuant to statute. |
| Conditions: | Two Years |
Standard DWI – 2nd
|
Inside Probationary Period
|
|
| With Rx: | Without Rx: |
| Jail:120 days (50 actual/70 susp.) *Last 30 on EM or “house arrest” if qualified |
Jail: 120 days (80 actual/40 susp.) *No EM or “house arrest” |
| Fine: Pre-PH/Indict: $650 | Post-PH/Indict: $750 *Can credit up to $500 out-of-pocket Rx costs toward fine |
Fine: Pre-PH/Indict: $650 | Post-PH/Indict: $750 |
| Costs: Court costs + Blood tests costs of $75.00 | Costs: Court costs + Blood tests costs of $75.00 |
| DL: Revoked for 1 year *WP only if defendant completes Rx, has valid DL and proof of insurance, and participates in the 24/7 program as required by statute, following EM. |
DL: Revoked for 1 year * No WP |
| Conditions: Five Years | Conditions: Five Years |
Standard DWI – 2nd
|
Outside Probationary Period
(Prior Offense up to 7 years old) |
Outside Probationary Period |
| With Rx: |
With Rx: |
| Jail:120 daysIf noEM: 20 actual/100 susp.-OR-If EM: 40 actual/80 susp. *Last 30 days on EM or “house arrest” if qualified |
Jail:120 daysIf no EM: 5 actual/115 susp.-OR-If EM: 30 actual/90 susp. *30 days in jail to be served on EM or “house arrest” if qualified” |
| Fine:Pre-PH/Indict: $650 | Post-PH/Indict: $750 *Can credit up to $500 out-of-pocket Rx costs toward fine |
Fine:Pre-PH/Indict: $650 | Post-PH/Indict: $750 *Can credit up to $500 out-of-pocket Rx costs toward fine |
| Costs: Court costs + Blood tests costs of $75.00 | Costs: Court costs + Blood tests costs of $75.00 |
| DL: Revoked for 1 year *Work permit only if defendant completes Rx, has valid DL and proof of insurance, and participates in the 24/7 program as required by statute, following EM. |
DL: Revoked for 1 year *Work permit only if defendant completes Rx, has valid DL and proof of insurance, and participates in the 24/7 program as required by statute, following EM. |
| Conditions: Five Years | Conditions: Five Years |
| Without Rx: |
Without Rx: |
| Jail:120 days (40 actual/80 susp.) *No EM or “house arrest” |
Jail:120 days (10 actual/110 susp.) *No EM or “house arrest” |
| Fine: Pre-PH/Indict: $650Post-PH/Indict: $750 | Fine: Pre-PH/Indict: $650Post-PH/Indict: $750 |
| Costs: Court costs + Blood tests costs of $75.00 | Costs: Court costs + Blood tests costs of $75.00 |
| DL: Revoked for 1 year (No work permit) | DL: Revoked for 1 year (No work permit) |
| Conditions: Five Years | Conditions: Five Years |
NOTE: Pursuant to SDCL 32-23-23, any WORK PERMIT (“WP”) issued to a defendant convicted of a DWI-1st with a BAC of 0.17 or more and any DWI-2nd is conditioned on the defendant’s participation in the 24/7 sobriety program, where it is available. SCRAM can be substituted for 24/7 upon approval by the Court.