Implied Consent Laws
Laws involve drivers supposed of driving under the influence to give in to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Refusal carries penalties that can include mandatory suspension of a driving license for up to a year.
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Blood-Alcohol Concentration
In South Dakota, any driver with a blood-alcohol absorption - or BAC - above .08 percent is considered “per se intoxicated” under the law. Under this statute, this verification is all that is needed for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
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Zero Tolerance Blood-Alcohol Concentration
In all states, “zero tolerance laws” focal point on drivers not of legal drinking age. In South Dakota, persons under the age of 21 operating a car with a .02 percent blood-alcohol level or higher than are subject to DUI penalties.
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Enhanced Penalty Blood-Alcohol Concentration
In some states there is a more difficult punishment for those convicted of DUI with a for the most part high blood-alcohol content at the moment of arrest; this is usually .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in South Dakota.
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Administrative License Suspension/Revocation Penalties
These penalties are minimum mandatory penalties obligatory on drivers with a blood-alcohol concentration above South Dakota’s maximum tolerable level of .08 percent or drivers subject to the implied consent laws (see above) for refusing to submit to breath, blood, or urine testing for blood-alcohol content.
Penalties involve suspension or revocation (meaning transitory or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In South Dakota, for the primary DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.
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Vehicle Confiscation
The consequence of vehicle confiscation for DUI conviction – either undyingly or temporarily - is a chance in some states, ordinarily for repeat offenders. This is not a penalty option in South Dakota.
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Ignition Interlock
An ignition interlock device attaches to the condemned DUI offender’s car and requires the driver to do a breath-test before the vehicle will start. While this penalty for DUI conviction is a opportunity in some states, this is not an option in South Dakota.
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Mandatory Alcohol Education and Assessment/Treatment
Alcohol instruction and prevention program, treatment for alcohol abuse, and judgment of a person for possible alcohol or drug addiction can be required for DUI offenders in South Dakota. These steps are often suggested instead of serving a sentence of incarceration or paying fines.
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