Is a DUI a felony in South Dakota?
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At the third — a Class 6 felony, and prison time does not run down the revocation. A third DUI in South Dakota is a Class 6 felony, which carries two years in a state correctional facility or a fine of $4,000, or both. The revocation clause is the part that catches people out. The licence is revoked for not less than one year measured from the date sentence is imposed or from the date of initial release from imprisonment, whichever is later — and if the person is returned to custody before the revocation period runs out, the time spent imprisoned does not count toward it. So a driver cannot serve the revocation and the sentence at the same time. The court keeps jurisdiction to modify the revocation conditions for its whole term, notwithstanding the usual rule in § 23A-27-19, and it may grant the limited driving permit after a court-approved chemical dependency counselling programme and proof of financial responsibility. Driving without a licence during the revocation carries ten days in county jail that may not be suspended.
Written any number of ways — a 3rd DUI, a DUI 3rd, a felony DUI, or simply a DUI in SD — and the paperwork will use none of them. South Dakota charges it under a section number, and that is what decides the range below.
Grade. Class 6 felony
Confinement. Up to two years in a state correctional facility
Fine. Up to $4,000
South Dakota Codified Laws § 32-23-4 · S.D. Codified Laws § 32-23-4; § 22-6-1(9); § 23A-27-19 · checked 2026-09-06
The facts that make a DUI a felony here
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| A third offence | Class 6 felony — two years, or a $4,000 fine, or both | Revocation runs at least a year from sentencing or from initial release, whichever is later, and time spent back in custody does not count toward it. The court keeps jurisdiction to modify the revocation conditions for its whole term. South Dakota Codified Laws § 32-23-4 · S.D. Codified Laws § 32-23-4; § 22-6-1(9) · checked 2026-09-06 |
The device is a separate track
South Dakota leans on the 24/7 Sobriety Program rather than the interlock. It began as a pilot in January 2005 and now runs through 67 participating agencies — police departments, sheriffs’ offices and the Unified Judicial System — with the stated goal of sobriety around the clock rather than a device in one car.
In South Dakota the interlock term runs Set by the court and is administered by The court or supervising agency, with the 24/7 program run by the Attorney General — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Source: The court or supervising agency, with the 24/7 program run by the Attorney General
South Dakota DUI questions
Is a DUI a felony in South Dakota?
At the third — a Class 6 felony, and prison time does not run down the revocation. A third DUI in South Dakota is a Class 6 felony, which carries two years in a state correctional facility or a fine of $4,000, or both. The revocation clause is the part that catches people out. The licence is revoked for not less than one year measured from the date sentence is imposed or from the date of initial release from imprisonment, whichever is later — and if the person is returned to custody before the revocation period runs out, the time spent imprisoned does not count toward it. So a driver cannot serve the revocation and the sentence at the same time. The court keeps jurisdiction to modify the revocation conditions for its whole term, notwithstanding the usual rule in § 23A-27-19, and it may grant the limited driving permit after a court-approved chemical dependency counselling programme and proof of financial responsibility. Driving without a licence during the revocation carries ten days in county jail that may not be suspended. A third offence: class 6 felony — two years, or a $4,000 fine, or both.
What does a 3rd DUI in South Dakota carry?
Class 6 felony: up to two years in a state correctional facility, and a fine of up to $4,000. The range is set by S.D. Codified Laws § 32-23-4; § 22-6-1(9); § 23A-27-19, and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in South Dakota?
A third offence — class 6 felony — two years, or a $4,000 fine, or both.
Does an interlock come with it in South Dakota?
South Dakota leans on the 24/7 Sobriety Program rather than the interlock. It began as a pilot in January 2005 and now runs through 67 participating agencies — police departments, sheriffs’ offices and the Unified Judicial System — with the stated goal of sobriety around the clock rather than a device in one car. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by The court or supervising agency, with the 24/7 program run by the Attorney General.
Other steps in South Dakota: second offense penalties and first offense penalties.
All South Dakota DUI rules →Penalties across the states →South Dakota DUI lawyers →Getting the license back →
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