DUI South Dakota Drug & Alcohol Rehab Treatment

The state of South Dakota has a reputation for being a rough and rowdy state; in fact, it was home to such people as, Wild Bill Hitchcock, Calamity Jane and it was the last stand for Colonel Custer. Unfortunately, today the state does not tolerate much crazy and rowdiness on the road, especially when the individual is under the influence of drugs or alcohol. So these laws apply also to be individuals addicted to drugs.

DUI in South Dakota means Driving While Intoxicated, meaning not having the normal use of your mental and physical abilities due to any form of drug or alcohol use. Every citizen who does receive a license in South Dakota automatically gives consent for BAC, or Blood Alcohol Content Tests. This means that your blood, breath, and urine can be tested if you are under the suspicion of being under the influence of either drugs or alcohol. The ‘per-se’ law of South Dakota is, if your blood alcohol content is that of .08%, you can be charged with a criminal offense. This percentage constitutes that of being impaired, and you can also be prosecuted while driving under the influence. This can only happen if you are proven to have been driving in an unsafe manner.

The evidence that can be used is the following:

• Slurred speech
• Blood shot/watery eyes
• Un-balanced co-ordination
• Hazardous driving
• Field sobriety tests

Even if you have not been drinking, but are under the influence of some benign substance or source, you can still be charged, and your license can be subject to automatic license removal.

The first time you are charged and convicted in the state of South Dakota, your license will be suspended for a period of thirty days. And you will be fined $1000, and face up to one year in jail. The second time you are charged and convicted, you will have to pay a fine of $1000 and you will lose your license for a period of one year. You will then be ordered by the courts to complete a drug and alcohol treatment program. Your third time being charged and convicted in the state of South Dakota, you will be charged with a major felony. You will then be fined $2000 and sent to jail for two years. The court will suspend your license for a period of one year, and you will have to complete a drug and alcohol treatment program.

The drunk driving laws in the state of South Dakota consist of all drivers with a blood alcohol content of .08% or higher will be charged. It the person is under the age of 21 and their BAC is that of .02% or higher, they will be charged. If a driver of a commercial vehicle has a BAC of .04% or higher, that person will be charged.

^{Works Cited - DUI-Help.com 1997, 19 June 2009 http://dui-help.com/south-dakota/
United States DUI Laws 2006, 19 June 2009 http://dui.drivinglaws.org/sdakota.php}