A second DUI in South Dakota
Verified · next review
A year without a licence — and the permit has to be earned. The second DUI in South Dakota carries the same class as the first — a Class 1 misdemeanor, up to a year in county jail or a $2,000 fine or both, with no mandatory minimum in the statute. What changes is the licence and the price of getting a limited permit back. Revocation moves from not less than thirty days to not less than one year, and the court may grant the same list of permitted trips — employment, 24/7 sobriety testing, school, dropping off or collecting a child, health appointments, court and probation appointments, counselling, treatment and aftercare — only after two things: successful completion of a court-approved chemical dependency programme, and proof of financial responsibility. Driving without a licence during the revocation carries its own consequence that the court cannot suspend: not less than three days in the county jail.
Written any number of ways — a 2nd DUI, a DUI 2nd, a 2nd offense DUI, or a second 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 § 32-23-3 · S.D. Codified Laws § 32-23-3; § 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 there a 2nd DUI in South Dakota with no jail time?
The second DUI in South Dakota carries the same class as the first — a Class 1 misdemeanor, up to a year in county jail or a $2,000 fine or both, with no mandatory minimum in the statute. What changes is the licence and the price of getting a limited permit back. Revocation moves from not less than thirty days to not less than one year, and the court may grant the same list of permitted trips — employment, 24/7 sobriety testing, school, dropping off or collecting a child, health appointments, court and probation appointments, counselling, treatment and aftercare — only after two things: successful completion of a court-approved chemical dependency programme, and proof of financial responsibility. Driving without a licence during the revocation carries its own consequence that the court cannot suspend: not less than three days in the county jail.
How likely is jail time for a second 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 2nd 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 § 32-23-3; § 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: when it becomes a felony penalties and first offense penalties.
All South Dakota DUI rules →Penalties across the states →South Dakota DUI lawyers →Getting the license back →
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.