A first DUI in South Dakota: what it can result in
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Thirty days without a licence, and a work permit the judge can grant. A first DUI in South Dakota is a Class 1 misdemeanor, which carries a maximum of one year in county jail or a $2,000 fine or both, with no mandatory minimum written into either statute. What the court must do is revoke the licence for not less than thirty days. What it may do is the part most first offenders care about: on proof of financial responsibility the court has discretion to issue an order permitting driving for employment, for 24/7 sobriety testing, for school, for dropping off or picking up a child, for health appointments, for court or probation appointments, and for counselling, treatment or aftercare. The same subsection gives the court power to run the revocation on for up to a further year, or to restrict the privilege in any manner it sees fit for up to a year — so the thirty days is a floor on the revocation, not a ceiling.
Written any number of ways — a 1st offense DUI, DUI 1st, DUI first offense SD, or a first 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 1 misdemeanor
Confinement. Up to one year in county jail; no mandatory minimum
Fine. Up to $2,000
South Dakota Codified Laws § 32-23-2 · S.D. Codified Laws § 32-23-2; § 22-6-2(1); § 32-35-113 · 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 jail time mandatory for a 1st DUI in South Dakota?
A first DUI in South Dakota is a Class 1 misdemeanor, which carries a maximum of one year in county jail or a $2,000 fine or both, with no mandatory minimum written into either statute. What the court must do is revoke the licence for not less than thirty days. What it may do is the part most first offenders care about: on proof of financial responsibility the court has discretion to issue an order permitting driving for employment, for 24/7 sobriety testing, for school, for dropping off or picking up a child, for health appointments, for court or probation appointments, and for counselling, treatment or aftercare. The same subsection gives the court power to run the revocation on for up to a further year, or to restrict the privilege in any manner it sees fit for up to a year — so the thirty days is a floor on the revocation, not a ceiling.
How likely is jail time for a first DUI in SD?
Start from what the statute forces and what it leaves to the judge. The floor here is up to one year in county jail; no mandatory minimum. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.
What is the punishment range for a 1st DUI in South Dakota?
Class 1 misdemeanor: up to one year in county jail; no mandatory minimum, and a fine of up to $2,000. The range is set by S.D. Codified Laws § 32-23-2; § 22-6-2(1); § 32-35-113, and the figures on this page come from the statute rather than from a summary of it.
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 when it becomes a felony penalties.
All South Dakota DUI rules →Penalties across the states →South Dakota DUI lawyers →Getting the license back →
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