Escalating penalties, a pioneering sobriety program, and the cases that tested the system
South Dakota’s DUI laws impose penalties that range from 30-day license revocations for first-time offenders to decade-long prison sentences for repeat felony convictions, all governed by a 10-year lookback period. The state also created the nationally recognized 24/7 Sobriety Program, which has measurably reduced repeat impaired driving arrests.
Driving under the influence (DUI) is one of the most pressing public safety issues in South Dakota. The state has wrestled with alcohol-related traffic fatalities higher than the national average, and its legislative and judicial systems balance escalating punishment for repeat offenders with innovative alternatives to incarceration.
South Dakota impaired driving laws
Most South Dakota vehicle and traffic laws are set forth in the South Dakota Codified Laws (SDC) §§ 32-33. Under SDCL § 32-23-1, it is illegal to drive or be in actual physical control of any vehicle if your blood alcohol concentration (BAC) is 0.08 percent or greater, or if you’re under the influence of alcohol, marijuana, a controlled substance, or any combination thereof.
A driver can be charged even if they do not display visible signs of impairment. A chemical test result at or above the legal threshold is sufficient for a conviction. Conversely, a driver may be charged if there’s evidence of impairment, even if their BAC is lower than 0.08 percent.
Further, even if you’re not actually driving the vehicle, you can still be in “actual physical control” of the car and charged with DUI if you’re seated at the wheel and the keys are accessible. The South Dakota DUI statutes extend to snowmobiles, aircraft, and commercial vehicles—but the commercial vehicle BAC threshold is 0.04 percent. Any measurable amount of alcohol can trigger a penalty if you’re driving a commercial vehicle.
South Dakota zero-tolerance law
South Dakota enforces a strict zero-tolerance policy for drivers under 21 years old. A person who is below the legal drinking age may not operate a vehicle if they have a BAC of 0.02 percent or higher, or if they’ve consumed marijuana or a controlled substance.
A driver would be subject to a 30-day license revocation for a first offense and 180 days for a second offense. A third or subsequent violation would lead to revoked driving privileges for a year. If an underage driver registers a BAC of 0.08 percent or higher, they’re subject to full criminal DUI penalties.
South Dakota DUI penalties
South Dakota follows a 10-year lookback period for prior convictions for DUI. In other words, if you have more than one offense in a 10-year period, each successive offense would bring harsher consequences.
South Dakota DUI: First offense
A first DUI offense is a Class 1 misdemeanor.
Maximum penalty:
- Up to one year in county jail
- Fine up to $2,000
- Driver’s license revocation between 30 days and one year
There is no mandatory minimum jail sentence for first-time offenders. Many first-time offenders are subject to fines, probation, and license restrictions rather than incarceration. If a driver’s license is revoked, they may be eligible for a restricted license for travel to and from work, school, or counseling programs. These must meet certain conditions, which often include participation in 24/7 sobriety testing.
South Dakota DUI: Second offense
A second DUI within 10 years remains a Class 1 misdemeanor, and it carries the same maximum jail and fine penalties.
However, the minimum license revocation increases to one year.
The court is more likely to impose conditions like ignition interlock device (IID) installation and mandatory substance abuse evaluation. There is a mandatory three-day jail sentence if the offender is caught driving during the revocation period.
South Dakota DUI: Third offense
If a driver is convicted of a third DUI within 10 years, the charge is escalated to a Class 6 felony.
This conviction carries a maximum penalty of two years in the state penitentiary, a fine up to $4,000, and a mandatory minimum license revocation for one year. If they are caught driving during this revocation period, the penalty is a mandatory minimum of 10 days in jail.
South Dakota DUI: Fourth offense
A fourth offense is a Class 5 felony, which is punishable by up to five years in prison and a fine of up to $10,000, with a minimum two-year license revocation.
If there’s a fifth offense, it rises to a Class 4 felony, with a maximum of 10 years in the state penitentiary, fines up to $20,000, and a minimum three-year license revocation.
Enhanced penalties
If a South Dakota driver’s BAC is 0.17 percent or higher, there will be enhanced penalties. This threshold would trigger a mandatory chemical dependency evaluation, along with additional consequences.
These could include:
- Mandatory minimum of 48 hours in jail (even for a first offense)
- 120-day administrative license revocation
- The court might require IID installation for any restricted driving privileges
South Dakota also imposes enhanced penalties when a driver’s BAC reaches 0.17 percent or higher. At that threshold, a mandatory chemical dependency evaluation is required, and additional consequences may include a mandatory minimum of 48 hours in jail on a first offense and a 120-day administrative license revocation. The court may also require ignition interlock installation for any restricted driving privileges.
South Dakota implied consent and chemical testing
A person who operates a vehicle on South Dakota roads is deemed to have consented to chemical testing of their blood, breath, urine, or other bodily substances if an officer has probable cause to suspect impaired driving (SDCL § 32-23-10). Prior to 2006, South Dakota allowed drivers to refuse blood tests as a matter of privilege, but that provision was repealed. Under South Dakota law today, the arresting officer may require the individual to submit to testing and may choose the type of test administered.
However, the officer must inform the driver of the consequences of refusing a test. If you refuse a test, there’s a separate set of penalties:
- First refusal leads to a one-year license revocation
- No restricted license available for the first 45 days
- Second refusal within 10 years brings a two-year revocation
A refusal may be introduced as evidence against the driver at trial.
South Dakota vehicular homicide and aggravated offenses
If a DUI results in someone’s death, a South Dakota prosecutor may charge the driver with vehicular homicide (SDCL § 22-16-41).
Vehicular homicide while under the influence is a Class 3 felony. It carries a maximum sentence of 15 years in the state penitentiary and fines up to $30,000. License revocation following a vehicular homicide conviction is a minimum of 10 years and could be permanent.
Vehicular battery that causes serious bodily injury while intoxicated could be charged as a Class 4 felony, punishable by up to 10 years in prison and $20,000 in fines.
There are additional aggravating factors that could intensify sentencing. These include:
- A child is present in the vehicle
- Causes an accident that results in injuries
- Extremely high BAC
- Reckless or dangerous driving behavior
- The driver’s overall history of alcohol-related offenses
South Dakota law makes it difficult for a prosecutor to reduce or dismiss a DUI charge without good cause. The courts require a demonstrated justification (for example, suppression of key evidence) before a DUI charge could be dropped or plea-bargained to a lesser offense.
The South Dakota 24/7 Sobriety Program
South Dakota launched its 24/7 Sobriety Program in 2005. It started as a five-county pilot, but its value was quickly recognized as taking a new and different approach to the problem of chronic impaired driving.
The 24/7 program requires repeat DUI offenders to submit to twice-daily Breathalyzer tests. Typically, they would have to take a test once each morning and evening as a condition of bail, probation, or sentencing. If they fail or skip a test, they’d face immediate but modest consequences—often one or two days in jail.
By late 2010, the program had expanded across South Dakota, and more than 17,000 South Dakotans had participated. For context, the population of South Dakota was about 825,000 at that time; about two percent had been engaged with this program. Remarkably, there were counties in which more than 10 percent of men aged 18 to 40 had been enrolled.
Participants were ordered to submit to approximately 3.7 million Breathalyzer tests during the program’s first five years, and the compliance rate exceeded 99 percent per test. The program is self-funded through participant fees. This is typically $2 per day for twice-daily breath tests, $10 for urinalysis, and fees for SCRAM (Secure Continuous Remote Alcohol Monitor) ankle bracelets for those who qualify for transdermal monitoring instead of in-person testing.
The program worked.
The RAND Corp. confirmed that the program was associated with a 12 percent reduction in repeat DUI arrests and a nine percent reduction in domestic violence arrests. A subsequent RAND study published in The Lancet Psychiatry in 2016 found that the program led to a 4.2 percent decrease in the state’s overall mortality rate. DUI offenders who participated were 30 to 50 percent less likely to be re-arrested in the four years following their participation.
The U.S. Department of Justice praised the 24/7 Sobriety Program for its accomplishments. By 2017, at least nine states—including North Dakota, Montana, Washington, Idaho, Wyoming, Wisconsin, Utah, and Alaska—had versions of the program similar to the South Dakota model. In South Dakota, 63 of 67 counties participate.
Notable DUI-related cases in South Dakota
October 2024
Defendant Seth Keim of Rapid City was sentenced to 4 years in prison (15 years suspended) for vehicular homicide. He was convicted of driving under the influence and causing a crash that killed his girlfriend, Lexi Hagen, in September 2023.
Keim’s BAC was roughly twice the legal limit at the time of the crash, and it was his fourth DUI offense. In addition, he had previously struck a police car while intoxicated. This case is an example of how the South Dakota escalating penalty structure can eventually lead to severe consequences for repeat offenders, even if initial offenses were treated leniently.
2013, Pickstown
While intoxicated, Ron Fischer Jr. ran a stop sign, drove into a parking lot, and struck and killed two U.S. Fish and Wildlife Service workers. Fischer received the maximum sentence of 30 years in prison for the two vehicular homicide charges. However, the court’s decision was publicly criticized because South Dakota law classifies vehicular homicide as a non-violent offense. That would make Fischer eligible for parole after only 10 years of his sentence.
The father of one of the victims advocated for reforming state DUI laws, arguing that the state consistently has higher-than-national-average alcohol-related fatalities. He called for increased penalties, stricter enforcement, and dram shop liability. South Dakota is one of only a few states that do not have dram shop laws that hold businesses accountable for serving visibly intoxicated patrons.
Former Attorney General Jason Ravnsborg, 2020 incident
Ravnsborg was driving home from a Republican political fundraiser on September 12, 2020, when he struck and killed a pedestrian on the shoulder of a rural highway.
Ravnsborg called 911 and told first responders that he thought he hit a deer. The local sheriff who responded to the scene accepted that story, but the human victim’s body was discovered the following morning. Upon further investigation, the victim’s eyeglasses were located inside Ravnsborg’s vehicle. Despite clues to the contrary, prosecutors determined there was not enough evidence to conclude that Ravnsborg was impaired by alcohol or drugs. The evidence did not meet the threshold required for vehicular homicide charges under South Dakota law. He was therefore charged with only three traffic misdemeanors: careless driving, making an illegal lane change, and using a phone while driving.
He pleaded no contest to two of the charges, the third was dropped, and the judge fined him $500 on each count, with no jail time.
The victim’s family was outraged, and the case had political ramifications as well. Then-Governor Kristi Noem pushed for impeachment, and she won. The South Dakota House voted to impeach Ravnsborg in April 2022. He was then convicted on both charges and removed from office. Although he was never charged with DUI, the case highlighted the perceived leniency of South Dakota traffic and impaired driving laws, particularly when applied to high-profile individuals.
Ultimately, South Dakota has made meaningful strides in recent years toward reducing DUI accidents and fatalities—but challenges remain. The 24/7 Sobriety Program is recognized as a genuine innovation that has improved public health outcomes. However, it’s debatable whether the penalty structure, particularly for first offenses and vehicular homicide, adequately deters impaired driving or delivers justice to victims and their families.
A South Dakota driver should understand, however, that the consequences of a DUI conviction can extend beyond fines and jail time. A conviction could mean:
- Skyrocketing insurance premiums
- Loss of employment
- Permanent criminal record that cannot be expunged
- The 10-year lookback period means a single mistake can compound dramatically with subsequent offenses
If you’re facing a South Dakota DUI charge, it’s important to consult a qualified defense attorney to work through your complex case and its potential for long-term implications.
See our guide Choosing a personal injury attorney.