South Dakota DUI Defense Attorney, Matthew J. Kinney
| Firm Name: | KINNEY & DARDIS, LLP |
| Address: | 121 West Hudson Spearfish, South Dakota 57783 |
| Office #: | 1-800-DUI-LAWS (1-800-384-5297) |
SOUTH DAKOTA IS A .08 STATE: Driving or having physical control of a motor vehicle with .08 or above blood alcohol content (BAC) is grounds for a DUI charge in South Dakota. Recently the South Dakota legislature modified the implied consent law, thereby requiring all drivers involved in an accident or suspected of DUI to submit to a breath test. If the test registers the presence of alcohol and the officer believes there is probable cause for a DUI arrest, the driver will be arrested and will be required to submit to a chemical test. Most often this chemical test is a blood test, but may also be by a urine sample or additional breath test. As of July 1, 2006, refusal of blood tests are no longer allowed.
AN IMPORTNANT MESSAGE FOR COMMERCIALLY LICENSED DRIVERS: South Dakota has made it even tougher 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 options for the court or South Dakota’s reporting agency to mask or suspend a conviction to your home state. It does not matter whether you drove a commercial or personal vehicle when you were arrested for DUI. The only option possible is to be found guilty of a traffic crime, other than DUI, which does not involve losing your CDL. You should consult an attorney 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 such as DUI. If you are convicted of DUI in South Dakota, your home state will probably be notified 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. Almost every state is a member of the Interstate Compact, and you can expect your driver’s license to be revoked for an even longer period in your home state in this instance. Many people rely on a valid driver’s license for employment purposes. Ask about the "suspended imposition of sentence" or other available alternatives to 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? Attorneys are allowed to make appearances for misdemeanor defendants except for trial-related hearings. Often times defendants who live far away from the Black Hills have their attorneys handle their misdemenaor cases without having to re-appear in court. Felony cases, on the other hand, require defendants to appear at every hearing. If you live a considerable distance from where you were arrested, ask whether the attorney can appear for you without having to travel back for court.
For a free consultation, contact South Dakota DUI defense lawyer Matthew J. Kinney by calling 1.800.DUI.LAWS.
